One nation under God, indivisible, with liberty and justice for all. >> I'd like to recognize um the scouts from troop 41 are here with us this evening. They are doing their citizen in the community badge and their communications
badge. Welcome gentlemen and thanks for joining us. Number one, >> minutes of the city council meeting March 11th, 2013. >> Madam President, >> councelor Rossing. >> Thank you madam president. Motion to accept and place on file. Motion made and seconded to accept and place on
file. Any discussion? All in favor? Opposed? It is approved. That >> Clancy uh I wish to move item agenda item number four to the next item. >> Motion made in sec seconded to move agenda item number four to 1A.
Any discussion? All in favor? Opposed? It is approved. >> Can I have you read the communication? >> Absolutely. Recognition and swearing in of new firefighter recruits. Honorable President Pope and counselors, I wish to ask that the city council swear in and
congratulate the following individuals who will be entering the Massachusetts Fire Academy next month and upon successful completion of their training will serve in the city of Marro Fire Department. Jonathan Aayot, Joshua Clement, Kenneth Hancock, Brian Antonio,
and Jonathan Rice. All five individuals are Massachusetts licensed EMTs. I'm enormously pleased with the caliber of these men and ask that you join me in wishing them as well as they commence their 12week recruit program. Sincerely,
Arthur G. Vigant Mayor. I have been informed by the clerk that unfortunately the firefighters were already sworn in. It is my goal that in the future we will be swearing them in here at the city council as well as the new police officers. I think it's a nice way to recognize our new recruits. But I am
going to ask you to come forward one at a time um so we can congratulate you and the counselors can get to know you. So first we have Jonathan Aayot. Come on out Jonathan. Welcome. >> Thank you. Joshua Clement,
Kenneth Hancock, Ryan De Antonio, Jonathan Rice. This is the first new recruit class counselor that I can tell you that I know every single one of these upstanding individuals and I'm sure they're going to make wonderful firefighters. Thank you so much and good
luck, gentlemen. If there's a graduation ceremony, we want to be invited. >> Absolutely. No problem. Uh 1A request for executive session for the purpose of discussing strategy with respect to litigation as an open meeting
may have a detrimental effect on the litigating position of the city of Malro. There's been a motion for an executive session. I'm going to ask the clerk to read the role. >> Absolutely. Councelor Oing. >> Yes. >> Councelor Tinara.
>> Yes. >> Councelor Landers. Yes. >> Councelor Clancy. >> Yes. >> Councelor Orm. >> Yes. >> Councelor Roby. >> Yes. >> Councelor Seymour. >> Yes. >> Councelor Delano. >> Yes. >> Councelor Pope. >> Yes. >> Councelor Elder. >> Yes. >> And councelor Jackson.
>> Yes. >> 11. Yay. We will go into an executive session and return with the agenda item number two. Thank you. >> Call the city council meeting back to order. Council Clancy. Madame President, I wish to uh place number agenda item number three next.
>> Motion um made to request a move up agenda item three next. Any discussion? All in favor? Opposed? It is approved. Number three. Now is the time to set the public hearing on the application for special permit from Tower 16, Inc. on behalf of
AT&T Wireless LLC to modify an existing telecommunication tower at 75 Donald Lynch Boulevard cross referencing 9697-6754F order number 13-1005342. We'll take this public hearing in the four stages. Public speaking in favor,
questions from the public, public speaking in opposition, and questions from the city council. Public speaking in favor. >> Please say state your name and address for the record. >> Good evening, ladies and gentlemen. My name is Chris Swinarski. I'm an attorney
with Bartlett Hacket Fineberg, PC. My office is located at 155 Federal Street in Boston, Massachusetts. Um, I represent Tower 16, Inc., who is a contractor and agent for AT&T Wireless. Uh, tonight we're here seeking a special
permit modification for the wireless communication facility located at 75 Donald Lynch Boulevard. Um the the nature of our modification is to add structural reinforcements consisting of 1 and a/4 in steel plating
uh on the surface of the tower up to 87 ft and also a modification of the subgrade foundation which will not be visible um at all to the human eye. Um, this tower was constructed in 1997
by a special permit issued by this council and I think it's been subsequently amended several times since then. We are seeking modification to that original special permit. Um, at this time I would open it up to any questions from the council. If there's any specific that anyone would
like to excuse me to know, I'd be happy to answer. >> Anyone else speaking in favor? Anyone else speaking in favor? Anyone else speaking in favor? Seeing none, we close that part of the public hearing. Questions from the public. Any questions from the public? Questions from the public? Seeing none, we close that part
of the public hearing. Public speaking in opposition. Is there anyone speaking in opposition? Public speaking in opposition? Seeing none, we close that part of the public hearing. Questions from the city council. Any questions from the city council? Seeing none, we close that part of the public hearing
and the entire public hearing. >> Wait just a second. >> Oh, I'm sorry. I didn't see you, council. you need to raise your hand. >> Go ahead, Council Roby. >> Um, my understanding is that AT&T owns the tower, but that another carrier, Sprint, has a lease uh for use on the
tower. Um, and a special permit was approved in November to upgrade their equipment. >> Um, has that occurred >> or is this pending for you to do the reinforcement? This is not associated with sprint equipment, but I don't know whether
anything has occurred with respect to >> there's information in here that refers to sprint. So, I didn't know if that was what they were talking about. There were numbers that didn't mean anything to me, but it said sprint. >> Um, which information are you referring to?
>> Um, actual the the tower letter. I guess there there's a lot of information here and I didn't mark specifically where, but >> um I can bring it up when it actually comes to the committee level because I'm sure you'll be at that one. Um
does AT&T plan on upgrading their equipment after this is reinforced? >> Well, this reinforcement is not specifically designed for any anticipated upgrade, but in the future there will certainly be upgrades. >> Okay. Because you get that impression from the letter that's in here, too. Um
my understanding is that the original permit had um a lease with then three 5-year extensions of that lease. >> Yes. >> And doing the math of it, it looks like you have two years left of the final third renewal. >> That sounds right.
>> That's correct. So you only have two years left in the life of this lease. >> An extension is in the works right now. >> Okay. Thank you. >> You're welcome. >> Any other questions from the council? Any other questions from the council? Seeing none, we close that part of the public hearing and the entire public
hearing. This is in wireless communication devices. Thank you. >> Thank you. >> Number three. Number two. >> Now is the time to set the public hearing on the application for fuel storage license partners healthc care
system inc of Forest Street. Order number 13-100 5343. >> We'll take this public hearing in the four stages. Public speaking in favor. Questions from the public. Public speaking in opposition. And questions from the city council. Public speaking
in favor. Madame chair, members of the city council, my name is Arthur Bersron. I'm hiding uh because I have such a small part to play in this public hearing. I'm here representing uh partners healthcare. Uh this is regarding the application for a permit for a site
permit regarding the fuel storage which will be necessary on this site. Uh the fuel that will be for the generators for the data center that partners plans to build at this site. Uh we've asked um and we realize that the that the council has a very long agenda. We we're going
to be try we'll try to be as succinct as possible. Um we had received a comment from one of the neighbors who had some concerns about this site. um they they own the the neighboring they have a business at the neighboring site. After corresponding with us, the the president of the company had indicated that he had
no objections and wasn't going to be coming this evening. Um I'd like to introduce Dante Andreluchcci uh who who Andreuchcci, excuse me, who who has been the person who has managed this development for uh partners to describe the reason why the uh the generators and
therefore the fuel storage is necessary. Uh then we're going to ask John Reese who is an expert in in the design and construction of these fuel storage tanks to talk about the tanks themselves and the safety features involved in them. Uh then we're asking Rob Nagi from VHB, the
engineer on this project, to speak to the issue of the safety of the trucks entering and leaving the site so that you can feel comfortable not only that the tanks are are secure and and and will not be subject to leaks, but also that any trucks making any deliveries to
this site will be entering and exit exiting in a safe way. Mr. Andalouchi, >> good evening. Um as Mr. Burgger stated, my name is Dante Angeluchcci. I'm a real estate development consultant to our partners healthcare and the data center. Um I'm just going to give you kind of a
brief overview of the site as well as uh the purpose for the generators. Uh this facility will be utilized uh to maintain all the u medical records on behalf of partners healthcare. So all their hospitals are supported through this data center. Uh as you can imagine the importance of that is uh is paramount to
their activities in terms of operation. If you have a loved one that goes to the hospital and they need to um obtain their medical records uh for whether it be utilizing um imaging for an operation or just having medical records available, this this particular facility
bey um retaining all those records electronically. So it's very very important for their operations and the fuel storage in particular is very important in case there is a power outage. they have to have a certain amount of fuel on hand to keep the operation um functioning and utilizing
the data center in that regard. So uh generally speaking the data center um has five generators uh that have belly tanks and we have a a centralized uh deliveries tank as well which I'll let John Reese uh from Cisco Hennessy explain the the technical details or
aspects of the project but again the uh the need for this is is really something that's uh integral to the to the data center and the operations of the data center. Thank you. >> Bye. >> Okay. >> Can you see castle?
>> Very good. Okay. All right. Hi, I'm I'm John Reese from Cisco Tennessee. as I was introduced to mechanical engineer working in fuel oil systems for very many years, couple decades now. And um this is the site plan here which and the generators these five boxes right back
here 1 2 3 4 5 and each generator has a base tank or belly tank also known as or subbase tank which sits right under the generator. This other rectangle in the corner here is a is an acceptance tank or receiving tank. It also is for fuel oil. When we make deliveries it'll it'll
come in right here. and I'll change uh pictures. Can >> you do that just for a second? >> Yes. >> One second. Just >> just to orient the council, this is Forest Street. >> This is the entrance to the campus right across the street. So, if you're you know, looking to see the site, that's where it is.
>> Okay. So, I'll uh show it any you can stop me along the way if anybody has any questions. I'll just show some uh sort of a typical um detail of this type of tank that's going to be on site with many of the features that it has. That's it's known as a fire guard style tank. It's above ground storage tank. It's
atmospheric. There's no pressure in it. The fire guard the labeling is a is a trade name, but basically it means that there's it's a double wall tank. There's a inside tank. There's an inside tank and an outside tank separated by about three or four inches. The space between it is filled with this material here
shown in gray. Says here lightweight porous insulation. It's like a cementist type insulation material. The cement is uh is like acts as a a barrier against uh impact. Also against ballistics if it's shot at with a bullet. There's a bullet test. It's
referred to here. Ballistic test. It actually has to be shot like five times to pass this test from 100 ft away. So it's not just one random shot that would could even pierce it because it might pierce the outer skin, but it wouldn't go through the outer skin and the concrete and pierce the inner skin. That's the the basics of the test. Um,
then the material that's in there, it's not solid concrete in the sense that it's very dense. It's porous material. So, if there were to be a leak on the inside tank, which actually holds the fuel oil, it would it would run right through this this cement, this material, and it would find its way to the bottom
where there's a leak detector right at the bottom here. And then this leak detector of course is is sent out to a control panel which is also remotely annunciated through the BMS system and to everybody operators in control of the plant. Um there's several other
emergency vents, uh regular vents, leak sensors, level sensors. There's a lot of instrumentation on on each tank and again like any questions just ask. Um it's also a impact test too. if it's made for like a a 12,000lb vehicle could
actually hit this at 10 miles an hour and it wouldn't make it to the inside tank. Just the outside tank would be damaged. And this is a piping and leak detection plan of of the u the yard which is down here in the uh which is this area right
here in at the back of the building. It's a fenced in fenced in yard. It's an industrial type space. Um each one of these generators sitting here is sitting on top of the tank which is sitting on top of a concrete pad around each one and um the fuel is all
delivered at one spot right here and and it's piped over to each tank and nobody's dragging hoses from one tank to another across the yard or anything. So they come here, it's a locked space, a locked box where the fuel is connected. There's a um a gauge on there constantly
as it's filling. It's monitoring, telling you exactly how many gallons are going in. If if the guy is not paying attention and and it reaches it'll 90% full, it'll have an alarm, a loud um audible and and visual light. If he
doesn't stop it, then then there'll be another alarm at 95% which actually have a different sound and it'll also just shut the valve. It can't go in anymore. So, there's safety in the delivery of it. Um each um each panel is actually has dual power supplies too. So So if the power
is out on one circuit breaker for whatever reason, there's a second automatic feed to power these control panels. There's there's a lot of safety features built in. Also the uh the piping that runs from here to each tank is double wall steel pipe. It's all pitched back to a certain point so that
if there was a leak in the inside pipe, it would be caught by the second pipe. And it's pitched so that the fuel oil would leak to run to a spot where it could be picked up, you know. So each one of these pipes is individually leak detected. Each one of these little things here is a leak detector. There's
where that goes into the generator. There's leak detectors. There's 23 leak detectors in in this in this yard. And every one of them goes back to the panel and is is read remotely. Okay. Questions? Okay.
So we'll uh introduce Robert Ngi to >> if you want to mention something else. The only other issue that that we want we want to speak to as a safety issue was the delivery. Uh these are 10,000 gallon tanks. It is anticipated that the that the generators will run an hour a
month. When they run for an hour they will use approximately 100 gallons. About 100 gallons will come out of each one of these tanks. So these are 10,000 gallon tanks. So 1% will be used. Is that right? Yes. >> Yeah. 1% every month. So theoretically
uh you would need a delivery for a hundred months. They are anticipating though that there would be a delivery once every quarter or maybe once every half a year. So the question is when they're delivering how safe is the delivery truck? And so we've asked Rob Ni from from uh um from VHB to talk to
the safe sight distances along Forest Street. Rob, >> thank you very Thank you very much. Uh, attorney Berseron, Rob Ni with Vaness and Breastland 101 Walnut Street in Watertown, Massachusetts. Um, as the attorney mentioned, one of the things that we wanted to make sure of and one
of the things that was brought up as part of the outreach to our neighbors was how safe is this driveway as it relates to both vehicular access and more importantly fuel delivery uh, uh, operations. The uh, the types of trucks that we're going to be bringing fuel to the site are not the big tractor
trailers that you see fueling gas stations. They're more the size of the home delivery fuel oil delivery trucks that that come uh to and from these facilities or come to a residential facility if you will, a home if you will. Um the driveway itself is designed uh so that it's lined up opposite the
driveway, Martinelo Drive, which is the driveway to the campus, the former threecom site. Um and it's it's arranged in a four-way intersection. That's, you know, very appropriate for for an intersection like this and a driveway like this. Uh more importantly, one of the concerns that we had when we looked at this was the available sight distance
as you're on the inside corner of the uh the roadway here. So what we've done is we looked at the posted speed limit out here, which is 35 mph uh and considered that most drivers drive a little bit faster than the posted speed limit, particularly on this stretch of roadway here, and designed the site distance for
a 40 mph type design uh uh consideration. So when a truck comes into the site, it would enter via the the driveway, come in, stop, fuel, as was discussed earlier, and as it departs the site, it would come around and would probably go either left to try to circle
back to wherever its origination point was, uh, or go right uh, and and travel to another site further on down the road. In each case, we wanted to make sure that there was at least 445 ft of available sight distance, start to see oncoming vehicles. So, what you can see here on this plan, and I believe in some
of the handouts that you have in front of you, is a line that goes 445 ft in this direction, 445 ft in that direction, and anything inside of that line towards the towards the roadway needs to be uh 2 feet or lower in in height. So, if there's any vegetation or
any uh uh landscaping that's planned in that area, we want to make sure that that's uh part of the case. The other thing that we wanted to make sure was there was no objects, physical objects, signage or anything like that that's in that that would block a driver's view in either direction. And we can assure you that as part of this layout, this design that the site has been laid out in that
in that manner. Um it's been done at this driveway. It's also we made sure that the the site distance measurements were were accordingly uh accommodated at the at the other entrance there. So with that um if there's any questions at the end of this, I'd be more than happy to answer them. >> Yep.
>> Madam President, that's our presentation. Thank you very much. >> Thank you. Can I ask for one of the handouts uh for the perk for the file, please? Thank you. Is there anybody else speaking in favor? Anybody else speaking in favor? Anyone else speaking in favor? Seeing none, we close that part of the
public hearing. Questions from the public. Is there any questions from the public? Questions from the public. Seeing none, we close that part of the public hearing. Public speaking in opposition. Is there anyone speaking in opposition? Public speaking in opposition. Seeing none, we close that
part of the public hearing. Questions from the city council. Council Orum. >> Thank you, Madam President. In the presentation, you mentioned these are going to be running off uh conventional fuel. Is it diesel fuel, kerosene? >> It's diesel fuel.
>> Diesel fuel. Okay. And has there been any consideration, and I don't know if you have the gas line down there, to have gas brought into this site, natural gas. >> You have natural gas generators. >> I think I can answer that. I'm sorry. >> Um, we did actually evaluate the natural
gas option. Um, part of a hardened site when you're doing tier tiered facilities for a data center like this, having an independent fuel source other than a gas source that could actually get interrupted was the rationale for having the diesel fuel. It actually it's almost kind of a standalone system. So, if there was an earthquake or something along those lines that would disrupt uh
gas lines, this is a way of having that be a supplemental program that would work. So, that was that was the rationale behind it. We did think about that but as I said there's national standards by which uh most of these data centers are designed and that's what we're following. >> And last but thank you that question. Last but not least is the question on
you're going to have what 60,000 gallons of diesel fuel on site here. >> Yeah. Six six different tanks 10,000 gallons and a tank. One tank under each each one of the generators and then a backup. >> So about 60,000. Won't that fuel get old and be needing to be refreshed? How are
you going to handle your maintenance of this fuel sitting so long? >> Yeah, that's that's a big question. There's a um fuel polishing or fuel filtering system that I didn't point out, but it's uh right here. There's a there's a a skid
also has a containment sump underneath it with pumps and and filters. takes out the water, takes out takes out impurities, and there'll be a schedule to to be able to cycle the fuel oil from under tank underneath the uh generator through the filter and back. >> Thank you. Thank you, Madam President.
>> Any other questions from the council? Any other questions from the council? >> Seeing none, we councelor Landis, >> just a quick one, Madam President. Uh are these tanks visible from forestry? You can you see that? And if if they
are, why couldn't have this all been put around um back, you know, back of the building? Most generations that I've seen at the high school and different places are always around back. >> Sorry, Justin Mos. I'm a civil engineer with VHB as well. Uh there actually is a
uh a screen wall on this side of the generator yard. So the east side. So, if you're looking at it from Forest Street, theoretically, it's it's set back quite a ways from Forest Street. And there's a wall. Um, not sure the exact height, but it's it's fairly tall. I think it's probably somewhere in the order. >> What's the material of the screen on the wall?
>> Um, it's that I believe is is a solid wall there. I'm not sure exactly what the architectural material is, but it's solid. After you get around the corner, it turns into a wire fence, but it's it's solid for screening at that point. >> So, it probably complement the the building itself. >> Yeah, that's the idea. >> Actually, can I can I add one thing on
that if I could? Um, with regard to the location of the generators, you asked the question about why it wasn't out back the building that this um, entire topography slopes down and what we do in a lot of data centers, you actually put all the electrical components kind of upstream and you put your air handling
components downstream. So, as a result, this is actually the most logical place for it to be kind of most stable. Um, so we just did one very similar to this and it was the same type. >> It's quite a hill there. It took a ride out there today. Yeah, it's a very big hill, but that's the reason why we didn't put them out back because we're really trying to take advantage of the topography. >> Makes sense.
>> Thanks. >> Any other questions from the council? >> Council or >> Thank you. Thank you, Madam President. Pardon me. I just had one additional question. Came to light with this much fuel on site. uh down the road when this goes to committee, maybe there could be
a consideration for a memorandum of understanding. If there's a natural man-made disaster in this city and it happens to be affecting the city department versus your facility, uh such as an earthquake, that's what made me think of it. Whoever said the
earthquake, if we could look into that, that would be a good public private partnership where it would be a memorandum of understanding only if you don't need it. Obviously, you know, where you have this much fuel sitting there and something happens to say the DPW or the fire department, we may not
have fuel. So, it would be nice to have that partnership >> and council and council, we'd be we'd be glad to consider that in committee. We just want to mention though, I think as was mentioned, you know, in an earlier presentation here, th this is probably more than any of the individual
hospitals in Boston, this has to keep going. Understand? >> Any of the hospitals can blow up and the rest of the system will still work. If this goes and no one knows the medical records of any of the patients, we've got a real problem. So we we want to make sure partners has kind of an obligation to make sure that this thing
keeps going even at the expense perhap of the public works trucks. You know that this is really really important. >> No, understandable. >> But we'll be glad to bring that up and glad to discuss that in committee. >> Great. Thank you. It's I understand that too. Thank you. >> Any other questions from the council? Any other questions from the council?
Seeing none, we close that part of the public hearing and the entire public hearing. and this is currently in public services. >> Thank you, Madam President. Thank you, members of the council. Number five, communication from the mayor regarding public service internship program
transfer request in the amount of 25,000 which moves funds from loan origination fee to summer employment initiative which will allow the city to hire a maximum of 20 college interns from the remainder of FY13 and will allow
advertising well in advance of summer breaks. >> Madam President, >> councelor Rosing. >> Thank you, Madam President. Motion to send to the finance committee. >> Motion made and sent seconded to send to the finance committee. Any discussion? All in favor? Opposed? It is approved. Number six, communication from the mayor
regarding controllers transfer request in the amount of $6,176 which moves funds from bond issue expense to widows pensions. >> Madam President, Counc. >> Thank you, Madam President. Motion to send to the finance committee. >> Motion made and seconded to send to the
finance committee. Any discussion? All in favor? opposed. It is approved. Number seven, >> communication from the mayor regarding snow and ice deficit spending authorization cross referencing order number 13-1005334. >> Madam President,
>> thank you, Madam President. So, just to call to your attention, so this is an increase from the 1.35 million we had previously authorized to 1.85 million. So, it's a $500,000 increase that's above the $500,000 that we have in the current budget. So, just to put in place
undesated fund balance right now is about $3 million. We're going to use about 1.8 and winter's not over yet. Uh to uh transfer from that undesated funds to cover this. So, motion to approve the increase to $1.85 million.
>> Motion made and seconded to approve the increase. Councelor Aing. If we don't approve it, does that mean it stops snowing? >> I wish I had that power. >> Any further discussion? >> All in favor? opposed. It is approved.
Number eight, communication from the mayor regarding final regional veterans district intermunicipal agreement IMA. >> Council Jenkins. >> Thank you, Madam President. I'd like to move this to the reports of committee. >> Motion made second to move down to reports of committee. Any discussion?
All in favor? Opposed? It is approved. Number nine, communication from the mayor regarding reappoint of police chief Leonard for a term of four years to expire on the date of confirmation by city council. >> Council Tara. >> Thank you, Madam President. Refer to personnel, please. >> Motion made second to refer the
personnel committee. Any discussion? All in favor? Opposed? It is approved. Number 10. >> Communication from city solicitor Ryder regarding medical marijuana treatment centers proposed moratorum. >> Councelor Seymour. Thank you, Madam
President. As folks will uh recall some time ago, uh the Commonwealth passed a law allowing for the dispensing of medical marijuana. Um and as we know, our colleagues, uh Council Pope, Council Elder had proposed
language to restrict or basically where would um such a dispensary be allowed within the city. It's been in committee and I left it in committee knowing that the attorney general has been looking at this matter because several other municipalities acted very quickly. Some
went for um a moratorum and other um municipalities what they tried to do is um um I guess disallow any dispensary within the city limits if folks are paying attention the last couple weeks. So the the attorney general's office has
issued a couple rulings. One of which is you can't disallow it um in the the entire city limits or town limits. It's just it's not allowable. It's something that um passed under um general law. However, what they did allow for and um
I know it's a case in Burlington. They did allow for a moratorum um of a year that basically allows the city of town to put a moratorum in place so that uh a dispensary couldn't be um couldn't be established. The issue that we have here in the in the city today is we don't
have any protections in place. Um and instead of acting on what's been submitted in uh committee, I think it makes more sense for us to move forward a moratorum which basically g basically buys us some time. The other thing that weighs in on this is the department of
public health was tasked with issuing regulations within 120 days. Um I believe next month um the proposed regulations are going to be presented to the um the public health commission. Um and at that point they'll be discussed. They could be adopted, they may not. But
as far as I'm concerned, and I I think uh councelor Pope would agree, uh President Pope is we want to get something in place to offer some protection to the city. That as far as I'm concerned, that's the most important thing. So with that, I'm going to make a motion. Uh the motion would be to
advertise the proposed change to the zoning um and as well to refer to the planning board. Thank you, Madam President. >> Thank you, Council Seymour. Is there any further discussion? Council Orum. >> Thank you, Madam President. Um on the uh issue at hand, uh councelor Seymour
pretty much went over the u information I was planning to discuss, but one of the items uh that I saw today on the department of public health's website was that they're hoping to have regulations according to the public
health council by May 24th of this year. I know it seems aggressive, but they're pretty much ready to go in April for the public discussion and public hearings and then have the regulations adopted. Uh, knowing the pressure they're under, I expect that may happen. Councelor
Seymour may have more insight to that than I do being involved with the Department of Public Health, but that's the most recent information on their website. With that said, I think to set a moratorum another year and a half well year and two months is a little bit
extensive in my view. I think if we extend it to December 31st of this year, we would be more or less giving oursel the time we need for that 6 months. But I don't see us needing a whole year to be doing this type of review. I think we
should expedite this as fast as the voters wanted this to be done. Uh this was a vote of 63% of the voters in favor of this. It's a humanitarian act and I know we all are concerned in that respect. With that said, I think going
to June 2014 is too far of an extension and would ask that it be modified to say December 31st, 2013. Thank you, >> Council Seymour. >> Thank you, Madam President. Uh with due respect, I don't see that there's any
rush. Perhaps Malber might not have a dispensary. Maybe Hudson will have one. Maybe Framingham will have one. Just because we're putting this off for a year, doesn't somehow preclude somebody from getting um uh the medical attention they might need for marijuana. I don't
think I I can tell you from having sat through some of the meetings, I can't discuss too many spec specifics, but this is like a whole new ball game. Um, and the fact that they're talking about trying to create regulations around almost like an entire um, a brand new
medical field within a matter of 120 days is really quite um, it's really quite amazing. Frankly, I don't see why we need to be the guinea pigs to try to force ourselves out there quickly. Plenty of other cities and towns want to do that. Um, I I don't see what the need
is to have a dispensary so quickly here in Malboro. I mean, and in fairness, uh, I work in the field, but as far as I'm concerned, there's no reason to write. I'd rather give ourselves plenty of time. If within 6 months the regulations come out, other cities and towns do it,
we can vote to change this. You know, we we could we could undo this if we had to, but to me, I'd rather give ourselves plenty of time. We all know what happens when the clock starts running on things. Um, you know, we might uh lose track of it. I'd rather give ourselves more than enough time to act. Thank you, Madam
President. >> Any further discussion? Seeing none on the motion, motion's been made and seconded to refer to the planning board and to advertise. Any further discussion? Seeing none, all in favor? >> Opposed? It is approved. >> Madame President, please note that I'm
opposed to the um order as presented. Thank you. >> Thank you, councel. Number 11, communication from um I'm sorry, communication from city solicitor Ryder regarding Boston Scientific's proposed
zoning ordinance amendment in proper legal form order number 13-1005306B. >> Madam President, >> councelor Alder. >> Thank you, Madam President. A motion to move to reports of committees. >> Motion made seconded to move down to reports of committees. Any discussion? All in favor? Opposed? It is approved.
Number 12, communication from city solicitor Ryder regarding Cumberland Farm special permit 412 and 418 Maple Street in proper legal form order number 12-13-100522B. Councelor Alder. >> Thank you, Madam President. Motion to move to reports of committees, please.
>> Motion made second to move to reports of committees or down to number 25. I'm >> sorry, down 25. >> Motion made and seconded to refer down to number 25. Any discussion? All in favor? Opposed? It is approved. >> Madam President, I'm sorry, just a point of order. I think it it might have been
the same issue on um item 11. I think we wanted to refer that to item 24. >> I believe you're correct, Council Elder. >> Yes. >> Item 11 is going to 24. Anybody? Everybody approve the move. How do I say
that? Okay. 24. It is number 13. Communication from the planning board regarding acceptance of due frame drivers public way order number 12-13-1005153B. >> Madam President, uh, accept the communications from the planning board.
By the way, they did vote to approve it, but refer it to public services. >> Motion made second to refer the communication to public services. Any discussion? All in favor? Opposed? It is approved. Number 14. Communication from Logical Partners LLC to extend time
limitations for construction of three townhouse condominium units at 126 Pleasant Street to May 15, 2013 until 5:00 p.m. Order number 12-13-1005151D. >> Councelor Ta. >> Thank you, Madam President. I need to recuse myself from this matter.
>> Thank you, councelor. >> Madam President, >> Councelor Elder. >> Thank you, Madam President. A motion to accept and place in file, please. >> Motion made and seconded to approve the extension. Any discussion? All in favor? Opposed? Is approved. Number 15, application for junk
dealers's license. Michael Palabosi, DPA, RSA Art Gallery, 305 Lincoln Street. >> Madam President, please refer it to public services. >> Motion made second to refer to public services. Any discussion? All in favor? Opposed? It is approved. 16.
>> Minutes of the planning board February 25th, 2013. >> Council Jenkins. Thank you, Madam President. I'd like to move uh accept and place on file items number 16, 17, and 18. >> Motion made seconded to accept and place on file minutes of the planning board,
recreation commission, and board of assessors. Any discussion? All in favor? It is approved. 19. Communication from Liberty Mutual Insurance on behalf of H. Teresa D'Angelo, 18 Airport Road, North Grafton.
>> Councelor Jenkins. Madam President, please uh send to the legal department. >> Motion made second to refer the communication legal department. Any discussion? All in favor? Opposed? It is approved. 20 claims. >> Jacob. >> Thank you, Madam President. Please refer
to the legal department. >> Motion made second to refer to the legal department. Any discussion? All in favor? Opposed? It is approved. Reports of committees. Councilor Rosing. >> Thank you, Madam President. The finance committee will meet next Monday, April 1st, at 700 p.m. We'll take up the two
orders on tonight's agenda and the two orders on uh the agenda from two weeks ago. So, four items and I'll get that information to Miss Boule uh tomorrow. >> Thank you. Any other reports? Committee Council Jenkins. >> Thank you, Madam President. Uh the U
Marorrow Veterans Affairs Committee met on Tuesday, March 12th. We took up order number 13-10005349. communication from the mayor proposed intermunicipal agreement and it would create a Marboro Sudbury regional veterans district with the Marboro Veterans Agent serving as director of
the veteran service for this district. Uh the Veterans Affairs Committee reviewed the mayor's letter dated 22113 requested to enter into this agreement. It's a one-year agreement and um we reviewed uh the ad. There's also going to be an admin position that would be
funded and by the town of Sudbury uh to help the veterans agent as well as a stipen that uh town of Sudbury would pay Marboro towards u the director's position. U after several language changes, we made the recommendations to
number one send to the city solicitor to place in proper legal form. vote on that was three to zero and also recommendation to approve the agreement to the full council with a vote of three to three to zero. >> Thank you councelor. Any other reports of committee? Councelor Delano. >> Thank you, Madam President. The
operations and oversight committee will be meeting tomorrow at 6:00 p.m. We're going to take up the exciting issue of the OPED trust fund. Um we have $2 million set aside now and shortly I expect to have another $2 million to pay for our long-term liabilities. Uh the
trust document is rather extensive uh um and detailed but it is is a very important document. It's going to once we put the money into the trust we may not take it out for other purposes and we have to decide who is going to manage those funds what individuals will be on
the board and there are many other uh um properties and powers that we have to decide as a council. So, it's going to take us a few meetings, but we'll start that tonight. Tomorrow, as well as a couple of uh smaller items for the assessor's office. Thank you, Madam President.
>> Thank you, councelor. Any other reports of committee? Any other reports of committee? >> Councelor Elder. >> Sorry, Madam President. Uh fresh off the uh presses as everybody got. I'd like to make a motion to suspend the rules to read a communication uh from the planning board on a vote they took
tonight. Motion made and seconded to for request for a suspension of the rules to allow a late communication from the planning board. Any discussion on the suspension? All in favor? Opposed? It is approved. >> Would you please read that for us? >> Absolutely.
>> Dear city council, at its regular meeting on March 25th, 2013, planning board took the following action. On a motion by Mr. Fay, seconded by Mr. McCarthy. It was duly voted to favor favorably recommend to the city council
changes to the city of Marabo zoning ordinance by amending section 650-40F 48 C1 and 47F in accordance with city council order number 13-1005306. The motion carried unanimously. Should
you need any additional information, please do not hesitate to contact me. Sincerely, Barbara L. Femi chairperson. >> Thank you. And I think motion go ahead counc I have another report of the committee >> for you but go ahead. >> I'm going to refer that down to number
24. Correct. >> Yes. And I do have another report of the committee. Madam >> councelor Alder. >> Thank you madam president. Uh the uh urban affairs committee met on March 12th to take up order number 12-1005236 uh which is the application for the
special permit by Hancock Associates on behalf of Construction Materials Incorporated CMS for construction of a new 2400 foot office building of non-conforming property at 379 South Street. Uh the chair thanked the petitioner for forwarding the rendering and floor plans of the building uh and
specific and general specifications uh attached here with to report. Uh councelor Clancy questioned the petitioner regarding the foundation and the second floor. Uh the chair read the proposed conditions including the draft decision submitted by the petitioner. Uh the solicitor noted minor changes he would include during his legal review.
Motion made by councelor Clancy, seconded by the chair to recommend approval of the special permit with proposed conditions as discussed. Uh the chair will ask for a suspension of the rules tonight to forward the decision to the solicitor uh to be placed in proper proper form on the uh April 8th uh 2013
agenda. >> Thank you councelor. Is there any other reports of committee? Any other reports of committee? Councelor Delano. >> Thank you madam chair. Uh madam president I'm sorry. Uh my good friend councelor Landers reminds me operations and oversight is actually at 5:00 pm tomorrow. >> Thank you councelor.
>> Thank you councelor Urban Affairs has requested a suspension of the the rules. Any all in favor of the dis suspension of the rules? I'm sorry. Any discussion on this? All in favor? Opposed? It is approved. >> Motion to send to the solicitor.
>> Motion made seconded to send to the solicitor in proper form the CMS document. Any discussion? All in favor? It is approved. Thank you. Number 21. Order number 13-1005318. transfer $124,328
for DPW midyear transfers. Finance committee reviewed the mayor's letter dated February 7th, 2013 requesting DPW transfers to fund line items associated with employee promotions, interim temporary promotions due to absences and
vacancies and police overtime associated with water and sewer maintenance and repairs totaling 12 $124,328. Finance Committee voted 50-0 to approve the transfers. >> Madam President, >> Austin Rosing. >> Thank you, Madam President. Motion to approve the finance committee's
recommendation of $124,328 transfer. >> Motion made and seconded to approve the recommendation of the finance committee. Any discussion? All in favor? Opposed? Is approved. Number 22. >> Order number 13-1005333.
Transfer $30,000 internal to the assessor's office. Finance Committee reviewed the mayor's letter dated February 21, 2013 requesting two transfers totaling $30,000 to fund contracted appraisal services for the fourth quarter of FY13. Finance
committee voted 50-0 to approve the transfers. >> Madam President, >> Councing. >> Thank you, Madam President. Motion to move the $30,000 transfer in the assessor's office. >> Motion made and seconded to move the recommendation of the finance committee. Any discussion? All in favor? Opposed? It is approved. 23. Order number
12-1005204 transfer 2 million from undesated funds to OPE stabilization account. Finance committee reviewed the mayor's letter dated November 1, 2012 requesting the transfer of 2 million from undesated funds to other postemployment benefit
stabilization account to continue the city's financial plan to meet these unfunded responsibilities. Finance committee voted 50-0 to approve the transfers. Madam President, >> Councelor Austin. >> Thank you, Madam President. Move the recommendation of the finance committee to transfer $2 million to the OPEB
stabilization account. >> Motion made seconded to approve the recommendation of the finance committee. Any discussion? All in favor? Opposed? It is approved. 23 24 >> Order number 13-1005306B.
Communication from attorney author Bersong requesting changes to the city of Marro zoning ordinance on behalf of Boston Scientific who recently announced plans to build large new office building at its existing campus here in Marro and to relocate the headquarters here.
Proposed zoning ordinance will allow for the development of this project. Attorney Berseron outlined the proposed changes which would take part throughout the city but is specifically sought to permit Boston Scientific to add a new building on their campus. Building
commissioner Mendoza stated that three changes will not have any real impact throughout other parcels in the city and the commissioner had no concern about the proposed amendment. Motion made by councelor Clancy seconded by the chair to approve the first three changes in
three separate motions. The chairman requested that the committee table further discussion on the fourth proposed change regarding building height. Vote 50 to recommend approval of the proposed amendment deleting all reference to building height. Recommendation of the urban affairs
committee is to suspend the rules and refer to the city solicitor placed in proper legal form for March 25th, 2013. >> Present. >> Councelor Alder. >> Thank you, Madam President. Motion to move the recommendation of the committee. Motion made and seconded to move the recommendation of the urban
affairs committee. This is an ordinance change and we're going to take it in the four stages. Is there any discussion? Council Roby. Madame President, um it's minor, but in what we were given by uh I believe our
clerk with the wording in committee, we did change so that section two's opening matches section three where it would read in all limited industrial districts and that's not on this document.
I just received madam madam president I just received this today this new amended one from the city solicitor today so it may not have been reflected in the agenda packet because I just received this today
>> did everybody receive the updated um packet okay can I ask you to read it so that there is no um concern >> absolutely madame president ordered that pursuant to subsection 5 of chapter 4A of the general laws. The city council of
the city of Marro hereby ordains that the zoning ordinance of the city of Marro as amended be further amended by adding thereto as follows. that section 65040F be amended by adding there to the following new subsection 11 11 bridges,
walkways or pathways no long assuming that should be no longer than 200 ft in length enclosed or otherwise connecting buildings located on different lots in a limited industrial district shall not thereby violate any lot setback
provision of any building or buildings connected by said structures. Number two, that said section 650-48C1 be amended by hearing thereto at the end thereof the following sentence. In a limited industrial district,
the parking shall be provided within 500 feet of the building or structure to be served in the parking lot on any lot under the same ownership or on any lot subject to an easement to the owner of said building to be served which in the opinion of the building commissioner
causes said parking to be available for the purposes of this section. And then number three, that section 65047F be amended by here by adding there to the following subsection five. Five. In all limited industrial districts, the
sideyard landscaping requirement shall not apply to the sideyard or rear yard lines that biseect parking lots. If both lots are in common ownership or if there are parking easements that in the opinion of the building commissioner
adequately allow for the parking in one lot by persons using the other lot. >> Any discussion? Councelor Roby. >> So as I stated I believe in committee we changed the language of number two to
read in all limited industrial districts. So motion would be in order to refer this back to the solicitor to amend the language. >> Councelor Clancy, >> I think when you're looking at it, I don't I think it's a matter of semantics in a limited district or all limited
districts. You know, I think it's the same it says the same thing. I don't know what the uh what the problem with it is. >> Councelor Elder, >> Madam President, I don't think we need to delay this by sending it back to the solicitor, coming back in two weeks. Uh you know, Boston Scientific has been working with us and we're really trying to do our best to move this forward. So,
I mean, I I'm not, you know, it was a couple meetings ago. We've had a couple things in the meantime. So, we may have made that change at the committee. I don't remember off the top of my head, but personally, I'm comfortable with the language in a limited industrial district. Um, I I I now that I'm looking
at this, I actually did we we did say something like this because the first sentence in number two is in a lim industrial district and number three it said in all limb industrial districts. And I'm thinking about that. We did say that and we did say we should make that change so everything's consistent, but I don't think that we are drastically
changing anything by keeping it in a industrial district. Uh so personally as the chair I'm comfortable with it as is and if people want to send it back that's how they vote. But as the chair I think we should just move forward with this. Thank you madam president. >> Any further discussion?
Okay. Um I'm guess I just to make sure where we're doing an ordinance change here. I'd like to request a suspension of the rules to allow the solicitor to address the council. All in favor of the suspension. Thank you. Mr. Solicitor, could you come up for a second?
>> Does the wording difference in your opinion, Mr. Solicitor, have any effect? Madam Chairman, as I understand what's being proposed is either a limited industrial district or all limited industrial districts. I mean, there's one limited industrial district as a matter of the zoning ordinance. So, um,
not having been present at the urban affairs meeting, don't know the context of how this issue arose. Um, my sense is that we're all right with the way it's been drafted, even though it doesn't incorporate the change that was voted in on in the urban affairs uh, committee.
>> Thank you, Mr. Solicer. >> Any questions? >> Any questions for the solicitor? >> Thank you, sir. >> Thank you. So on the motion by the urban affairs committee to approve this is an ordinance change so there are four stages. It would be appropriate to
suspend the first reading. All in favor of suspending the first reading is approved. Adopt the second reading. All in favor of adopting the second reading. It is approved. Passage to be enrolled. All in favor of passage to be enrolled. Passage to be ordained. All in favor of
passage to be ordained. It is approved. Is there any objection to passing of the four stages in one evening? Seeing none, it is approved. Number 25, order number 12-13-1005220, cross referencing order number
12-1005081, application for special permit from Cland Farms, Inc. 412 and 418 Maple Street and Walker Street to construct a convenience store toward gasoline seals on subject parcels and to operate new facility from 5:00 a.m. to midnight. The
hours of operation have been amended from the 24-hour operation sought under its prior submission referred to urban affair as the public hearing was December 17, 2012. Chia read the changes to the proposed conditions discussed at the previous meetings with other input
from the city solicitor and attorney Lombado. Attorney Lombardo resisted the committee's language regarding the city signed ordinance and the language the city has implemented and various special permits. Councelor Jenkins informed the committee that he would not be supporting the project as the ward
representative and urged other members of the committee to join him in opposition. Motion made by councelor Clancy to recommend approval with the chair given a courtesy second to the motion. Vote three in favor to opposed elder and landers. Recommendation of the
urban committee is to suspend the rules and refer to the city solicitor placed in proper legal form for March 25th, 2013. >> Councelor Elder. >> Thank you, Madam President. Uh there's no action for the city council to take on this item tonight because a special permit application is deemed to have
been constructively granted by operation of law under MGL chapter 4A section 9. Uh the fuel storage license is still pending before Urban. Thank you. >> Thank you, councelor. Number 26, >> order number 12-1005262,
communication of mayor for submitting uh for city council endorsement the MADC master plan titled building the new Marro economy, a hard copy and digital files have been filed with the city council office. Master plan provides a roadmap that identifies goals for future
growth and economic development for the foreseeable future. Having a fully endorsed master plan will provide a vital tool that can guide the city's growth for years to come. Referred to operations and oversight committee discussed the MEDC master plan, including the executive summary, which
are both very comprehensive lengthy documents. Chairman Dana recommended adding a city council preamble as a way to put the body stamp of approval on the document. Council Alder agreed, adding that the preamble sets a good tone of what we'd like to focus on as a city.
Council Landers also expressed support for the MEDC plan and the proposed preamble. Committee discussed the preamble making minor changes to the chairman's draft. Motion made by council elder, seconded by the chair to recommend approval of the master plan preamble as amended.
>> Council Delana. >> Thank you, Madam President. Uh we had quite a few meetings uh in the operations and oversight committee um regarding the MEDC uh uh master plan or economic development plan and uh we had
great turnout from counselors. I thank them uh because we sat through quite a few meetings and it was a lot of information to take in. counselors were very helpful in uh helping us to craft a language and helpful in getting me to bring it down to fewer and fewer words
and we ended up with a much better document that was done collaboratively. All of the councils have had uh copies of the last draft which in which only a couple words were changed a few words were changed and so I would move the recommendation of the committee which is to approve.
>> Motion made and seconded to move the recommendation of committee. Any discussion? All in favor? Opposed? is approved. Number 27, order number 13-1005286, communication from John Brezoff,
president of JBS Development LLC, requesting acceptance as public way of Graves Lane together with required easements in the subdivision entitled the residence at Gold Crest. Solicitor Panagor Griffin submitted all the
required documents and certified that the documents are in proper legal form for acceptance by the city council by February 12th, 2013 letter to the city council. Chairman Barbara Fenby for forwarded the planning board recommendation and vote taken on
December 3rd, 2012 to endorse the November 5th, 2012 plan of acceptance of Graves Lane and municipal easements. On a motion made by Council Clancy, seconded by the chair, public services committee recommends the acceptance as a public way of Graves Lane together with
the required easements in the subdivision entitled the residents of Oak Crest. Vote 20. >> Madame President, motion to approve. >> Motion made and seconded to approve. Any discussion? All in favor? Opposed? It is approved. Councelor Rosing.
>> Motion to adjurnn. >> Motion made and seconded to adjurnn. Any discussion? All in favor? We are adjourned. Thank you everyone.