Everyone, we'll call the city council to order at 8:00 on Monday evening, September 8th, 2025. This meeting is being recorded. Please join me in the pledge of allegiance. I pledge allegiance to the flag of the United States of America, to the republic for
which it stands, one nation under God, indivisible, with liberty and justice for all. Thank you. There are 21 items on this evening's agenda, and I will ask the city clerk to please read agenda item number one,
minutes of the city council meeting, August 18th, 2025. Councelor Brown. Thank you, Mr. President move to accept and place on file the minutes. Motion made in second to accept and place on file the minutes. Any any discussion on the motion? Seeing none,
all those in favor? Opposed. The minutes are filed and the vote is 10. Agenda item number two. Now is the time for the public hearing on the petition of Mass Electric and Verizon to install one joint owned pole on William Street beginning at a point approximately 70 ft southeast of the center line of the intersection of William Street and Morsy
Road. Install new pole 5150 on William Street. Install EMR at pole 5150 on William Street, order number 25-1009528. In addition, we have a communication from city engineer Thomas Dersio with recommended conditions for the petition. Okay, this public hearing was taken up
in four stages. First, public speaking in favor starting with the applicant. Second, questions from the public. Third, public speaking opposition. And finally, questions from the city councilors. I would ask any member to please state their name and address for the record
who's speaking. Come on up. Michael Frasier, National Grid, 245 South Main Street, Hopedale. Hey, Mike. Hello. So, yeah, just looking to install a new pole 51-50 um in line with poles 51 and 52 on
William Street. That's it. That's it. Any other members of the public speaking in favor? Any other members of the public speaking in favor? Members of the public speak in favor hearing none, I close that portion of
the public hearing. Public speaking in opposition. Any members of the public speaking in opposition? Members of the public speaking in opposition. Hearing none, I close that portion of the public hearing. Are there any
questions from the public? Questions from the public? Any questions from the public? Hearing none, I close that portion of the public hearing. Questions from the city councilors. Questions from the city councilors?
Questions from the city councilors? Hearing none, I close that portion of the public hearing and the entire public hearing. Councelor Fello. Thank you, Mr. President. Uh move to approve the petition with the conditions submitted by the city engineer. Motion made and seconded to approve the conditions for the petition with the
conditions identified by the city engineer. been made and seconded. Any discussion on the motion? Seeing none, all those in favor? Opposed. The petition is approved with the conditions by the city engineer and the vote is 100. Thanks, Michael. Thank you.
Agenda item number three. Communication from the mayor regarding notification of intention to convene a joint convention of the city council and school committee pursuant to Mass General Law, Chapter 43, section 36 for the purpose of filling the unexpired term of former school committee member Heidi A. Matthews.
Councelor Roby. Thank you, Mr. President. Move to accept and place on file the communication. Motion's made and second to accept and place on file the communication. Any discussion on the motion? Seeing none, all those in favor? Opposed? The communication is filed and
the vote is 10. Agenda item number four, communication from the mayor regarding requests for executive session to consider the purchase or value of real property. Councelor Irish. Thank you, Mr. President. Move I'd like to make motion to move to the end of the agenda. Thank Motion's made and seconded to move this item to the end of our
agenda. Any discussion on the motion? Seeing none, all those in favor? Opposed? This item is going to the end of our agenda and the vote is 10. Agenda item number five, communication from the mayor regarding proposed memorandum of agreement between the city of Malro and the Department of
Conservation for a 4.5 mile trail along the Sbury Reservoir. Councelor Brown. Thank you, Mr. President. Um, I would like to thank our conservation officer, Priscilla Ryder, for her work with the
DCR and um, this memo is just to solidify the agreement. And with that, I would like to move to approve. Motion made, seconded to approve the memorandum, memorandum of understanding. Any discussion on the motion? Councelor Ducet.
Thank you very much, Mr. President. I think this is a wonderful addition to the W 2 recreational area. I know this area very well. I haven't done these PSTs, but I've been exploring some of the other PSS in the area. It's a wonderful segment of the uh area that I think a lot of the members of our
community will enjoy. Thank you. Thank you, Council Jedet. Any other members of the council? Any questions? Hearing none. On the motion to approve the memorandum of understanding. All those in favor? Opposed? It is approved and the vote is 100. Agenda item number
six, communication from the mayor regarding notice of payments of opioid settlement funds to local community groups. Councelor Iron. Thank you, Mr. President. Motion to accept and place on file the communication, please. Motion's made in the second to accept and place on file the communication. Any discussion on the motion? Council of
Vital. Thank you, Mr. President. Um, thank you, Mr. Mayor, for putting this committee together. Uh, had some great people on this committee, people that are well known and respected in the community. I only ask that in the future that we uh put a little bit of special attention on
the prevention of opioid use and not just the recovery and family support that goes along with substance abuse. Thank you, Mr. Thank you, Council Vital. Any other member? Councel Orum. Thank you, Mr. President. Uh I would
just like to rise with the same thanks. I thank the mayor as I was walking in the room and all the people involved with this. This is a very sad situation, but the good, if there's ever any good news, at least the numbers in Massachusetts of opioid deaths went down
from last year to this year. They mentioned at the vigil that they had a lot of great effort up there at the Walker building. And again, this is great news and we we need to move forward and we will. Thank you, Mr. President. Thank you, Council Orum. Any other
members of the council? Any comments or questions on the motion? Hearing none on the motion to accept and place on file. All those in favor? Opposed. The mot the communication is filed and the vote is 100. Agenda item number seven, communication from city solicitor Jason
Gfield regarding an application for special permit from attorney Jen McCashman on behalf of Royal 401 Elm Street LLC for the purpose of operating an approximate 23,500 ft warehousing and distribution facility to be located at 415 Elm Street in proper legal form with additional
amendments approved by the city council or number 25-100 9434D. In addition, there is a communication from attorney William Pazone on behalf of Royal 401 Elm Street LLC regarding the submission of memorandums relative to proposed project at 415 Elm Street. Councelor Roby.
Thank you, Mr. President. Uh move to accept and file the communication from the assistant solicitor. Move down the application for the special permit to agenda item number 21 and move to file the communication from attorney Pony.
Motion's made and seconded to file the two communications from the solicitor and one from the attorney Pzone as well as move this item down to agenda item number 21. Is there any discussion on the motion? Seeing none, all those in favor opposed. This item is going to be moved down to agenda item number 21. God
bless you. And we will file the two communications, one from the solicitor and one from attorney. And that carries by a vote of 10 in favor, zero opposed. Agenda item number eight, communication from assistant city solicitor Jeremy Mcmanis regarding the proposed zoning ordinance amendment to
chapter 650 zoning to amend section 17 table of uses in proper legal form order number 25-100 9477C. Councelor Roby. Thank you, Mr. President. I move the communication from the assistant city solicitor. Move to accept and place on file the
communication from the city solicitor and move the proposed zoning ordinance to agenda item 19. Motion's made in a second to accept and place on file the communication from the solicitor and move this item down to agenda item 19. Is there any discussion on the motion? Seeing none, all those in
favor opposed. This item is getting moved down to agenda item 19 and the communication be filed and the vote is 10-0. Agenda item number nine, communication from assistant city solicitor Jeremy Mcmanis regarding proposed zoning ordinance amendment to chapter 650 zoning to add a new section
to create the Ames Village Overlay district in proper legal form order number 25-100 9458C. Thank you, Mr. President. Move to accept and place on file the communication from the assistant city solicitor and to move the proposed zoning ordinance to agenda
item number 20. Motion made and second to accept and place on file the communication from the solicitor and move this item down to agenda item number 20. Any discussion on the motion? Seeing none, all those in favor opposed. Motion carries. The communication is filed and this will be moved down to
agenda item 19 and the vote is 10 to zero. in favor. Agenda item number 10, communication from central mass mosquito control project regarding notification of residential request spray program in program ending after Labor Day. Council or thank you Mr. President. Um
within this notice um if people are requesting individual spraying that time period has gone by as of the end of last week but again the same message. West Nile virus is very prevalent in this area and to be wise and try to limit
outdoor activity from dusk to dawn. Thank you, Mr. President. Thank you, Council Orum. You're not going to ask the clerk if he's posting it. Why? Mr. Clerk, have you posted this? Yes, counselor, we have. And then I would just motion then to accept and place on file. Thank you, M. Thank you, Council Orum. Motion made and
second to accept and place on file the communication. Any discussion on the motion? Seeing none, all those in favor? Opposed communication is filed and the vote is 100. Agenda item number 11 communication from the retirement board regarding notification of cost of living increase pursuant to Mass General law
chapter 32 section 103J from $14,000 to $15,000 effective July 1, 2025. Councelor Irish. Thank you, Mr. President. Um I do fully support the cola increase this evening. Um, as we know in the past, last year we we we went up from the 13,000 to the
14,000. Um, it is in the notes here that uh the the the city's responsibility and obligation now gets moved to 2030, which originally was supposed to be 2028, but I do have my my full support and motion to approve the cola increase from
$14,000 to $15,000. Please. Motion made in second to increase the cola base to $15,000. Any discussion on the motion? Seeing none, all those in favor? Opposed. A cola base increase to $15,000 is approved and the vote is 10-0. Agenda
item number 12, application for a special permit from Attorney Gemma Cashman on behalf of JC Residential and Light Commercial LLC for outdoor storage as an accessory use for the warehouse located at 1000 Nickersonen Road. Councelor Roi. Thank you, Mr. President. Move to
uh refer this to Urban Affairs, set a public hearing for October 6th, and to advertise. Motion made in second to refer this item to the Urban Affairs Committee. We'll set a public hearing for October 6th and advertise. Any discussion on the motion? Seeing none, all those in favor? Opposed? This vote
carries. The vote is 10 to send to Urban with a public hearing on October 6 and to advertise 100. Agenda item number 13. Communication from attorney Brian Faul on behalf of FD130 Lazot LLC regarding a request to extend time limitations to November 3rd, 2025 at 10 p.m. on the
application for a special permit for the Glen Ford at Lake Williams condomin Lake Williams condominium community to be located in the Lazot Drive Olay District order number 25-100 9483A. Councelor Roi. Thank you, Mr. President. Move to
approve the request to extend till November 3rd, 2025 at 10 pm. Motion made in the second to extend the special permit request to November 3rd, 2025. Any discussion on the motion? Seeing none, all those in favor? Opposed? The extension is approved and
the vote is 100. Agenda item number 14. Communication from attorney Brian Faul on behalf of Farm Road Realy Trust and Evangelist Roofing regarding a request to extend time limitations to December 17th at 10 p.m. on the application for a special permit to operate a contractor's yard in the pre-existing non-conforming building in the airport industrial park
at 17 Airport Boulevard, unit 20, order number 25-100 9512. Councelor Robbie. Thank you, Mr. President. Move to approve the request for a time limitation to December 17th, 2025 for the special
permit on the contractor's yard at Industrial Airport Park. Airport Industrial Park. Motion made in a second to extend the special permit time period to December 17th. Any discussion on the motion? Seeing none, all those in favor? Opposed? The special permit is extended
to December 17th and the vote is 10-0. Agenda item 15, communication from attorney Brian Faulk on behalf of First Choice Auto Service and Sales Incorporated regarding request to extend time limitations to December 17th, 2025 at 10 p.m. on the application to modify the pre-existing non-conforming auto repair use by adding
automobile sales as an accessory use at the property located at 299 Maple Street or number 25-100 9513A. Councelor Roi. Thank you, Mr. President. Move to approve the request to extend the time limitations for the non-conforming auto
repair use to December 17th, 2025 at 10 p.m. Motion made the second to extend the special permit time period to December 17th, 2025. Any discussion on the motion? Seeing none, all those in favor? Opposed. The motion to extend to
December 17, 2025 is approved and the vote is 100. Agenda item 16. Minutes of boards, commissions, and committees. Mr. President, Council Duca. Thank you very much, Mr. President. Motion to accept and place on file the minutes. Motion's made, second to accept and
place on file all the minutes. Any discussion on the motion? Seeing none, all those in favor? Opposed? The minutes are filed and the vote is 100. Agenda item 17 claims. Councelor Brown. Thank you, Mr. President. Move to send the claims to legal department.
Motion's made second to send the claims to the legal department. Any discussion on the motion? Seeing none, all those in favor? Opposed? Claims are going illegal and the vote is 100. Reports of committees. Who would like to
go first? Councelor Irish. Thank you, Mr. President. Uh, finance committee met on August 25th, 2025. Uh we had uh meeting convened at 709 p.m. We had one item on the agenda that evening uh order number order number 100
9520 uh transfer in the amount of $158,4642 uh from reserve for salaries to various accounts to fund the recently ratified agreement with the MRO public works equipment operations uh association. Uh, chair Irish read the communication from
Mayor Dumis. On a motion by council vital, seconded by the chair, the finance committee recommends approval of the transfer in the amount of $158,4642 to fund the re uh recently ratified agreement with the uh Marro Public Works
Equipment Operators Association. Uh the vote carried 4 to one uh with uh one absent, councelor Fillo. Um, and the meeting adjourned at 7:12 p.m. and I will be looking for a suspension this evening on order number 109520,
please. There's been a request for suspension of the rules for order number 9520 for the labor's contract. All those in favor of the suspension opposed. Suspension carries. The vote is 100. Councelor Irish. Thank you, Mr. Mr. Move the recommendation of committee to approve the transfer request in the amount of
$158,4642. Please. Motion made and seconded to approve the transfer request of $158,4642. Any discussion on the motion? Seeing none, all those in favor opposed. Motion carries. The transfer is approved. The vote is 100.
Councelor Brown. Thank you, Mr. President. The legislative and legal affairs committee met on August 25th, 2025 at 6:52 p.m. Um members present were myself and councelor Roby. Um councelor Fill
was absent but counselors vital or Irish and Oing were able to attend. Um so this is in regards to order number 25-10009529. Communication from Saul Carbajal on behalf of Chapa Piasa Restaurant 203 205
Main Street for use of city property for outside seating. Mr. Carvajal addressed his request. Chair Brown and councelor Roby questioned Mr. Carveral regarding his proposal including the number of tables, hours of operation, music and lighting. Mr. Carvajal proposes to place
four tables with three chairs each and less if he finds it's too crowded. The hours of operation will be 11:00 a.m. to 8:30 p.m. Mr. Carvajal will not be seeking approvements approval from licensing board to serve alcohol outside of this time. Councelor Roby suggested
that the proposed license to encroach be submitted to the city solicitor for review specifically in regard to the indemnification clause. Councelor Oing stated that the solicitor should be asked to create a decision for the license to encroach similar to those granted to Lashu and Flying Dreams on a
motion to approve by councelor Roby seconded by the chair. The committee recommends approval of the request by Chapa Pias aa restaurant to use city property for outside seating and to refer the matter to the city solicitor for a proper form. The vote carried two
to zero. Councelor Fillo absent on a motion by councelor Roby to adjourn the meeting adjourned at 7:08 p.m. I would like to ask for a suspension to send this to be sent to the solicitor to be put in proper legal form.
There's a request to suspend the rules for order number 9529. All those in favor of the suspension opposed. Suspension carries. The votes 10. Councel Brown. Thank you, Mr. President. move to send this item to the solicitor to put in
proper legal form to include um the similar verbiage to those granted to law and flying dreams. Motion made and seconded to refer this item to the solicitor put in proper format for our next meeting. Any discussion on the motion?
Seeing none, all those in favor? Opposed? This item is going to the solicitor. The vote is 100. Any other reports of committees? Hearing none. Agenda item number 18. Order number 25-100 9510. Application
for a junk deal of secondhand deal licensed by Jenny Hunt DBA GE gold jewelry artiller 221 Boston Road East Suite 270. Recommendation of the public services committee is to approve. Councelor Fill. Thank you, Mr. President. Move the recommendation of committee to approve
the license. Motion made and seconded to approve the license. Is any discussion on the motion? Seeing none, all those in favor? Opposed. The license is approved and the vote is 100. Agenda item 19.
Order number 25-100 9477C proposed zoning ordinance amendments chapter 650 zoning to amend section 17 table of uses. Recommendation of the urban affairs committee is to approve as amended. Councelor Roi. Thank you, Mr. President. Move the recommendation of committee to approve
the zoning ordinance. Motions made and seconded to approve the zoning ordinance. Any discussion on the motion? Hearing none. This is a zoning change. It requires it go through the four stages. All those in favor of suspending the first reading and approving the second
reading. All in favor? Opposed? That carries. All those in favor the passage to be enrolled. All those in favor? Opposed. Again, that carries the votes 10. All those in favor the passage to be ordained. All those in favor? Opposed
that carries 100. Is there any objection to passage in one evening? Hearing none. The ordinance is approved and the well the vote was 100. Uh agenda item 20 uh order number 25-100 9458 C proposed
zoning ordinance amendment chapter 650 zoning to add a new section to create the Ames Village Olay District. Uh the urban affairs committee is to approve. Councelor Roby. Thank you, Mr. President. Move the recommendation of committee, which is to approve the zoning overlay.
Motion's made in second to approve the zoning change. Any discussion on the motion? Councelor Naven. Thank you, Mr. President. Um, as one as the only member of the urban affairs committee to oppose this um while it was in committee, I did want to talk for just a couple of minutes on um a little
bit more about why I am opposed to this project or to this zoning change. Um I think all of us recognize here the importance uh the role that development plays in our community. Um it brings in new people, it brings in new businesses. Um and not unimportantly, it brings in
revenue. Um and in a year like this um where we just approved a budget that is going to cause a tax increase. Um I don't want to underell how important revenue is. Um new development is one of the pillars of our community that moves us forward. Um, it brings in new people,
like I said, it brings in all of this kind of great energy um that moves us forward. But I think it needs to happen in balance. And I think we all work really hard to create a sense of balance here when we have new developments. I think it's important when we say that
we want new revenue and we want new growth, we have to ask ourselves the to answer the second question, which is at what cost? Often times the answer is yes, this new development does make sense. this new revenue outweighs the potential impacts of the project. And
sometimes it doesn't. Sometimes the potential impacts of a new project causes adverse impacts on our roads, adverse impacts on our schools, and adverse impacts on our emergency services. To me, I believe that this is
one of those times. Um, this part of our community has undergone a tremendous amount of growth in the past several years, and it is still growing. We have approved buildings and developments that have not yet been fully realized and still we work to build a fire station on
this side of the community. Um it is of tremendous importance to everybody in this room um and everybody around this horseshoe to build a new fire station is going to take more time and it is still in a part of the city that is underserved.
It's been noted that this is a potential positive development because it's not going to have an impact on a school because it is age targeted housing. Age targeted, not age restricted. So, it is likely that there are less children, but it does not prohibit less children. But, it's also likely that the people who
will inhabit this potential development if the zoning is changed may use a disproportionate amount of emergency services in a part of their city where we still have no solution for that. I say this a lot and you guys are probably sick of me hearing me say it.
Um I'm often frustrated by the fact that special permits are not often a time where we can say no to a project. We get backed into projects all the time because we end up in land court. The time that we have to to change and to have control over a project is right
now. It is the zoning time. If we don't change the zoning, the potential for that project doesn't come forward. I said during committee I truly um was looking forward to the fact that originally this was going to be single family housing and I know there was some concern um from residents about
additional homes in this area. Um 90 or 90 plus condos um in this area I don't think is what we need. I still don't believe that this is the time in which I think we need to cons consider the zoning not to
move it forward. I still cannot support this project and I will not be supporting it to pass this evening in. Thank you, Mr. President. Thank you, Council Naven. Any other council's comments? Council Ducet. Thank you very much, Mr. President. Um, I have a history a significant history
with this area of Malber considering I started working at 200 Forest Street in the early in the late 80s. Um, so I know the area very well. And while being on the city council, I've saw numerous proposals for that corner of the property come and go constantly with
this. And I think the biggest concern that I've had was what was the um what was the opinion of the local community, you know, the people in the local streets. And the current developer with this proposal has reached out, has talked to them about setting up a green
buffer between their development and others. Um so I think that this is a fair approach. I completely agree with your comment about the fire station, sir, but I'm hoping that gets fixed sooner rather than later. Um, but you know, we shouldn't be stopping
development until the fire station gets done either. I think we still need to get the fire station done and that still is an urgency to be done. Um but I I am completely in support of this because I think so far of the various proposals that have come to us for this corner of
the you know the street um this is the one that seems to have the best you know support of the local community in that area and I'm giving them lots of credit for that. Thank you. Thank you Council Ducet. Council Orum. Thank you Mr. President. I would just like to first state I concur with
councelor Naven uh for all the reasons he stated and we're looking for a fire station and we're also looking to expand richer school. So we have to look at our services and this is the time as city councilors we have to consider what
councelor Naven said. This is the time we have the choice to make this decision. This is directly ab budding a residential neighborhood and 90 condos in my view would be a little bit overwhelming for our school systems, our
police department, our fire department and the city as a whole. So I cannot uh vote for this. Thank you, Mr. President. Thank you, councelor. Any other comments from the counselors? Councelor Brown.
Thank you, Mr. President. Um this is a um a proposal that I've been following closely from the start um along with councelor Presiato as it's kind of right there at the junction of our award ws and um I am in support of this project
because that is the feedback that I received um through the applicant from the neighborhood and through meeting with the applicant they had shared specifics of those meetings with um the residents and constituents and um they
it really feels like the neighborhood really appreciates that green zone buffer that would exist to um to kind of protect the way that they have been living. So I will be supporting it. Thank you.
Thank you, Councelor Brown. Any other comments from the counselors? Comments from the counselors hearing none on the motion to approve the zoning change. Again, this is a ordinance change, so it has to go through the four stages. All those in favor of suspending the first reading and approving the second. All
those in favor? Opposed? One, two, three. All right. So, you're being you're being recorded in opposition. Thank you, Mr. President. I'm being recorded in opposition. That's correct, Mr. President.
So, the vote is 73. So, the ordinance does not pass. Agenda item number 21. Order number 21- excuse me, number 25-1009434D. Application for a special permit from
Attorney Gemma Cashman on behalf of Royal 401 Elm Street LLC for the purpose of operating an approximate 203,500 foot warehousing and distribution facility to be located at 415 Elm Street. Recommendation of the Urban Affairs Committee was to approve as amended. Matter was then referred back
to the legal department for two additional amendments approved at the August 18th meeting to be placed in proper legal form. Councelor Roby. Thank you, Mr. President. Move the recommendation of committee uh with the additional changes added by the solicitor at our last meeting.
Motions made and seconded to approve the special permit with the conditions that we added last meeting. Any discussion on the motion? Councelor Vital. Thank you, Mr. President, I'd like to move to amend the draft special permit decision submitted by the city solicitor
to incorporate all of the below proposed amendments to conditions number seven, number eight, number 11, and number 16. Motion made and seconded to amend the special permit by what the solicitor has on pages 7-46 and 47 to amend conditions
7, 8, 11, and 16. Any discussion on the amendment? Seeing none. All those in favor of the amendment? One 2 3 four five six 7. All those opposed 1 2 3. The amendment is
approved. The vote is 73. On the motion to approve the special permit as amended. Actually, there's this communication that come in. Councelor Vital request for approval of agreement to extend time limitations. Order number 25-10094.
Actually, you got to ask for the suspension first. You want to ask for the suspension? I'd like to make a suspension. Motions made for suspension of the rules to accept the communication from this the uh day pitney folks. All those in favor of the suspension, please raise your hand so I can count them. 1 2 3 4 5
6 7 I make eight. Suspension is approved and the vote is 8 I mean 82. Council vital. I make a request for approval of the agreement to extend time limitations. Order number 25, hyphen 100
943 2C, Royal Royal 401 Elm Street LLC, Assessor's Map 54-7 at 415 Elm Street, Marble, Mass. Motion's made and seconded to approve the extension until September 22nd for
the special permit. Discussion on the motion. Council Roby. Thank you, Mr. President. Well, I appreciate that uh the applicant's attorney seems to think that we can just keep continuing this until whatever they add as amendments can make enough of us
happy. I think we all know how we're going to vote. So, I would prefer to just vote tonight and get this over with and I'm not going to um approve the request.
Thank you, Council Roby. Anyone else on the motion to extend the date to September 22nd? Councelor Fchillo. Thank you, Mr. President. Um, I would be in favor of extending the the the time limit to the 22nd. Um, I think extending
it, you know, just a few more weeks. I don't see how there's any harm to that. We've had fruitful discussion so far. Obviously, councilors have added amendments. Obviously, we've had communications come in for additional amendments. Um, I feel like this is how a special permit process um can go in order to create a a strong balance
between the council and a developer, right? There's been um a lot of back and forth, a lot of good communication. And so I I would be willing um to continue this. Um I do agree with Council Ro at some point we do need to, you know, we need to just get this done with. So, um I think the 22nd for me would be the last deadline, but I'd be happy to hear
um the developer come back one more time. Thank you, Mr. President. Thank you, Council Fill. Council Orum, I voted for the suspension so we could hear the discussion, but I'm ready tonight to vote. Thank you, Mr. President. Thank you, Council Orum. Anyone else?
Council Brown. Thank you, Mr. President. Um, I was also fully prepared to vote tonight and I do understand um the applicant um and their attorney is very passionate about um
amending this further and further, but um I have my list of reasons why um why I wouldn't be supporting it and I'm ready to take it to vote and I truly don't feel that there are any additional
accommodations that could be made. Um, if the council chooses to do the extension, so be it. But I am ready to vote. Thank you. Thank you, Council Brown. Anyone else? Council Idol. Thank you, Mr. President. You know, I'd like to think that this body does some
negotiating, brings up some issues that we have concerns with, and then the parties can decide whether or not they want to work with us or not work with us. In urban affairs, we talked about, you know, an operation going 24/7 and so forth. and they came back with some s suggestions that address those issues.
I'm fearful that if they're working for us and we vote this down, they will appeal it. it will go to court and they will win because they are they are addressing the issues that we brought up in committee and we're still saying well
we still don't like the project and that though that might be passionate it's not going to fly in a court of law. Thank you Mr. President. Thank you councelor Vital. Councelor Brown. Thank you Mr. President. Um, I
understand um, counselor Vital's perspective because that seems to be the way that um, business has been done a few times since I've been on the council where um, if an applicant doesn't like the decision, then they'll take us to
land court. But I feel like with this particular one, um, would an applicant be able to just keep bringing us amendment after amendment after extension and almost putting us in a corner saying that, well, we keep making
these accommodations to the concerns that you're bringing up. And for me, it's just nothing. the types of concerns I have, they're they're not they're not going to disappear because all of the different things that are being
proposed, like it wouldn't it wouldn't put back that huge swath of land. And people on our site plan um on our site plan committee, they still have lingering concerns. Yes, they work with the applicant, but I just I personally
cannot feel good about supporting this project, especially with that type of tr truck traffic going back and forth on Elm Street. Thank you. Thank you, Council Brown. Council Orm. Thank you, Mr. President. I mentioned this before. I dealt with something like
this when I worked as a public health official in another town. We cannot control what the Department of Transportation allows. There's no controls on that. So, in the middle of the night, you're going to get noise. And I would ask a judge to
consider that since I know of a case that we couldn't control. You got the backup alarms required by the Department of Transportation. The sounds of those trucks, they have to make noise. Department of Transportation allows it. So for us to try to fight noise
pollution in the middle of the night would be impossible with those laws. Thank you, Mr. President. Thank you, Council Orum. Councelor Roby. Thank you, Mr. President. Um, I could ask for a copy of Councelor Naven's script that he just gave for his objections to why uh we keep doing
special permits and then having them go to land court for having them overturned. I don't like to be threatened. Just because we deny this does not mean they'll win in land court. We have valid reasons to deny it. We have people in
the area that didn't run it. They keep bringing us changes. They could have negotiated the changes when we had this in urban affairs. But they wanted 24 hours, 7 days a week. They were not going to budge. yet now at the last
hour. Oh, let's budge. And now let's budge some more so that we can then extend this to the 22nd. So, I'm sorry. I do not agree with this kind of
tactic by the petitioner and I will not vote in favor of this tonight or the 22nd. Thank you, councelor Roi. Councelor Ducet. Thank you very much, Mr. President. This this is there's a lot of issues involved
in this uh as far as um you know, it's it's basically a depot station for transportation logistics. Um this is I can't think of another situation where we was asked to do a delay based upon changes that were done
to you know special permit this late in the game. So that we're already in exceptional space to say this is more than unique. So, uh, for us to say, "Hey, we gave them an extra time for them to go around," I think helps our case if it ever does go to court. Like,
oh yeah, we bent over backwards for these guys and they still didn't give up, you know. So, I I think that it is definitely worth giving them, you know, another meeting for them to get their act together to say however this, you know, uh, this body votes, um, to show
that we gave the best effort that we can. And I think that's important however this ends up that that ends up uh being part of the equation discussion. Thank you. Thank you councelor Ducet. Any other counselors? Any other counselors on the motion to extend the special permit
decision to September 22nd? All those in favor, please raise your hand so I can count them. One 2 3 four five. President makes six. The motion carries. Two-minute recess. solicitor put it in proper format with
the new amended conditions that the council just approved tonight. Does anybody have any objection so it shows up in its proper form on our next meeting? Everybody's good? Okay. Hey, I've got um it was pointed out to me by a
solicitor uh made a little mistake on the zoning change for Ames Village. As indicated in the solicitor's letter, it only takes six votes and the vote was 73. So, that's my bad. I should have known that. So, I'm going to go back. We're going to
start item 20 all over again. Read item 20 again. Order number 25, excuse me, 25-100 9458C proposed zoning ordinance amendment to chapter 650 zoning to add a new section to create the Ames Village Oval 8 district. Recommendation of the urban
affairs committee is to approve. Any discussion? Motions made in Well, Council Roby, I got to jump in the gun there. I know I have to correct you on your move the recommendation of committee, which is to approve. Motion made and seconded to move the recommendation of
committee to approve and this is a six vote requirement as indicated in the solicitor's letter. Any discussion on the motion? Seeing none, it's an ordinance change. So, we'll do it all over again. So, my apologies. All those in favor of suspending the first reading and
approving the second reading. All those in favor, please signify. 1 2 3 4 5 6 7. All those opposed? 1 2 3. So that portion passes and the vote is 7 to three unlike the last time I said it.
All those in favor the passage should be enrolled. All those in favor please raise your hands. One two three four five six. All those opposed 1 2 3 4.
What? I don't know. What? But why? All those in favor of the passage to be ordained. All those in favor? 1 2 3 4 5 make six.
Any objection to passage? What's that? Oppose. Sorry. Post. Sorry guys. I assume the four. One 2 3 four. Four opposed. So vote 64. Any objection to passage in one evening? There are objections to passage one evening. So
therefore, this is day 90. The item does not pass. So I had it right pretty much. Wrong way to get there. Okay. Uh we've now got to go back to agenda item number four. Uh you got to yeah read the agenda item.
So then the sorry uh communication from the mayor, excuse me, regarding a request for executive session and consider the purchase of purchase or value of real property. Council Irish. Thank you, Mr. President. Uh I'd like to make a motion to move that the Marbor City Council meet in executive session
under the proposed six of the open meeting law. Mass General Law uh chapter 30A section 21A6 to consider the purchase, exchange, lease or value of real property as the chair hereby declares that this that the discussion is in open session and may
have a detrimental effect on the city and the city council's negotiating negotiating position and I would like to mention that the city council will not reconvene. Thank you, Mr. President. Motion's made and seconded to go into executive session and we will not
reconvene. All those in favor roll call any discussion first hearing none. Roll call. Mr. Clark. Council Presiato. Yes. Council Orum. Yes. Councelor Irish. Yes. Councilor Rosing. Yes.
Council Det. Yes. Council Brown. Yes. Councilor Vital. Yes. Councilor Roby. Yes. Councilor Pillo. Yes. Councilor Naven. Yes. 10 years, sir. The motion to go into executive session carries with a vote of 10 in favor, none opposed. We will go into executive
session. We will not reconvene. We'll take a two-minute recess to clear the chamber and uh take care of the audio visual portion of the program. Thank you everyone.