Good evening everyone. Call the city council to order at 8:00 on Monday, May 18th. Please join me in the pledge of >> allegiance. I pledge allegiance to the flag of the United States of America and to the
republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Similar to last time, uh councilors, a few opening remarks before we get started. Uh this evening's meeting will
be conducted again a little differently than our usual council meeting. Reminder, we're implementing the governor's executive order regarding relief for the open meeting law. This allows the councils to participate remotely. All counselors are present and
we will conduct a roll call shortly to confirm. Councils have been asked to review the agenda items before the meeting and contact the mayor and/or department heads to obtain answers to their questions prior to the meeting so this meeting can be conducted efficiently. All votes will be via roll
call. Uh the mayor is available should he be needed to address any council questions. New for this meeting. This will be our first meeting where the council will be conducting public meet public hearings with the public participating remotely.
We will try to make this as seamless as possible and ask for your cooperation and patience as we all learn this together and I will discuss this further before the start of the public hearings. I will ask the members of the public that are participating to keep their
computers and/or phones on mute until the public meeting portion of the agenda. We have 25 items on this evening's agenda. I will now ask the clerk to call the role to confirm attendance.
Councelor Wagner. [clears throat] >> Councel Wagner is present. >> Councelor Ducet. Councelor Ducet is present. >> Councelor Dumis. >> Councelor Dumis is present.
>> Councelor Tanera. >> Councelor Tanera is present. >> Councelor Irish. >> Councelor Irish is present. >> Councelor Naven. >> Councelor Naven is present.
>> Council Landers. >> Councelor Landis is present. Councelor Oram >> Councelor Oram is present. >> Councelor Oing >> Councelor Oing is present. >> Councelor Pearlman
>> Councelor Pearlman is present. >> And councelor Roby. [clears throat] >> Councelor Roby is present. >> 11 present. Sir, >> the role confirms all 11 councils are present. I will now ask the clerk to read agenda item number one,
>> minutes, city council meeting, May 4th, 2020. >> Mr. President, >> Councelor Tanera, >> a motion to accept and place on file. >> A motion has been made to accept and place on file the minutes from our last
meeting. Is there any discussion on the motion? Hearing none, I'll ask the clerk to call the role to accept and place on file the minutes. >> Council Ducet. >> Councelor Ducet votes yes. >> Council Landers.
>> Councelor Landis votes yes. >> Councelor Tanera. >> Councelor Tanera votes yes. >> Councelor Irish. >> Councelor Irish votes yes. Councelor Oing.
>> Councelor Oing votes yes. Councelor Pearlman [cough and clears throat] >> Councelor Pearlman votes yes. >> Councelor Roby >> Councelor Roby votes yes. >> Councelor Wagner.
>> Councelor Wagner votes yes. >> Councelor Oram. Councelor Oram. Councelor Oram votes yes. >> Councelor Dumis. >> Councelor Dumis votes yes.
>> Councelor Naven >> Councelor Naven votes yes. >> Leer the motion to accept and place on file the minutes is approved unanimously. 110. Agenda item number two. >> Now is the time set for the continued public hearing on the application for an
LED signed special permit from William Kamuso. on behalf of Lincoln 431 LLC, the Shell station at 431 Lincoln Street, order number 20-1007948C. And in addition, we have a communication from AUB Engineering on behalf of
Lincoln 431 LLC, the Shell Station at 431 Lincoln Street for with a request for an extension of time for the public hearing. [snorts] >> Mr. President, councelor Roby. >> Councelor Roby. >> Thank you, Mr. President. I move to
continue the public hearing until June 22nd and to accept and place on file the communication from AUB Engineering. >> A motion has been made and seconded to continue the public hearing until June 22nd and accept and place on file the
communication from AUB Engineering. Is there any discussion on the motion? Hearing none, I'll ask the clerk to call the role, please. >> Council Tanera. Council Tanara votes yes. >> Councelor Roby.
>> Councelor Roby votes yes. >> Council Dumis. >> Councelor Dumis votes yes. >> Councelor Oram. >> Council Orum votes yes. >> Thank you. I'm sorry. Councelor Pearlman.
>> Councelor Pearlman votes yes. Councelor Naven. >> Councelor Naven votes yes. >> Council Landers. >> Council Landis votes yes. >> Councelor Irish >> Council Irish votes yes.
>> Councelor Oing Councelor Oing votes yes. Councelor Ducet. >> Councelor Ducet votes yes. >> And councelor Wagner >> Council Wagner votes yes. 11 years, sir. The motion to continue the public
hearing to June 22nd and accept the AUB engineering extension request uh to accept and place on file. Both are approved by a vote of 11 to zero. Item three. Now is the time for the public hearing on the petition from
Eversource Energy to install 30 ft of 2-in IP gas man as a system improvement on Jefferson Street from the current end of the gas man at 23 Jefferson Street to number 27 Jefferson Street. Order number 20-1007980. In addition, we have a communication
from city engineer Thomas Dersio with recommend recommended conditions for the Eversource petition on Jefferson Street. Okay, councilors, before we get started and for the members of the public that are planning to participate, a few comments. So, as I mentioned earlier,
this is our first meeting where the council will be conducting public hearings with the public participating remotely. Again, we will try to make this as seamless as possible, and we ask for your cooperation and patience as we all learn this together. So, here's some key things to remember as we go through
the public hearing. Please keep your computer and or phone muted when not speaking. Unmute to speak and then mute when finished speaking. And it's star six for the phone. >> Six. Yes, sir. >> Just like if the public was in the chamber. Please be respectful while
waiting for the public hearings to start as the council needs to conduct its business. This is an important one. The system does not work when everyone tries to speak at once. We will do our best to get each individual an opportunity to speak. Please be patient.
Another important reminder, do not watch the meeting on TV. There is a delay. Your remote access capability is real time. >> Should there be technical issues, we will recess and determine if they can be corrected. Our IT department will
monitor the system for issues and we'll remove individuals who are disrupting the meeting. And at the conclusion of all the public meetings, so after agenda item seven, our last public hearing, we will recess and we'll clear participate participants and then allow the council
uh to continue with the remainder of their agenda. There are five public hearings. Uh we'll start with the forever source and then the ordinance change for the contractor yards. So for agenda item number three, open the public hearing. There are four stages to
the public hearing. Public speaking in favor, questions from the public, public speaking in opposition, and questions from the city council. So, at this time, I open the portion of the public hearing for the public speaking
in favor of the petition. >> Thank you, councel. My name is Bonnie Cordmash. I'm a project engineer with gas engineering at Eversource. Now I'm going to give a brief over scope of this particular request. We have an existing
IP intermediate pressure gas man that is already on Jefferson and u we've had a request to extend the service to the next facility down. Um and that requires us to extend the main about 30 ft in
order to put in a service to that particular um location. and we'll be here to answer questions if you have any concerning uh exactly what is going on with this particular petition. >> Thank you, Bonnie. Uh at this point I
would ask the city clerk to read a correspondence uh from our city engineer >> council president Oing and members uh regarding order number 20-1007980 which has been referred to the engineering department which is a
petition from Eversource energy to install a total of 30 ft of 2-in IP gas man in Jefferson Street from number 23 to number 27. I offer the following for your consideration. Jefferson Street was paved by the city in 2015 2016.
As conditions of the approval of this petition, I would request one that Jefferson Street be mil and paved from curb to curb by Eversource from the southernmost limit of their trench all the way to the section that is being mil as part of the multi-unit housing
project that is presently under construction. The milling and final pavement shall be coordinated with the developer so that all trenches ever sources all trenches Eversources and developers will be within one contiguous curb to curb mill and overlay and two
that Eversource complete their ongoing work on Pleasant Street, Bolton Street and Porier Drive prior to mobilizing their forces to this project. Please contact me with any qu questions. Thank you. Thomas Depersio, Junior, city engineer. >> Thank you. [clears throat]
Are there any other public speaking in favor? Are there any other public speaking in favor? Are there any other public speaking in favor? Hearing none, close that part of the
public hearing. Questions from the public. Are there any questions from the public? Any questions from the public? Hearing none, I close that portion of the public hearing.
Public speaking in opposition. Are there any members of the public speaking in opposition? Members of the public speaking in opposition hearing none to close that part of the public hearing.
Questions from the city councilors. >> Mr. President, councelor Roby. >> Councelor Roby. Uh, I guess it's not a question, but maybe just a a statement that if the road will be completely closed closer to
where the construction will take place, can they please make sure that there's a notice put at the Hudson Street end so that cars do not drive all the way down the street and be told that they can't get through? >> Yeah, I believe they can because they'll typically have a detail if they close
the whole street. So yes, sir. >> But we I'm sure this we'll we'll pass that comment along to the city engineer, councelor Roby. I mean that that's a fair request. >> All right. Because they have closed it for other things on this project and they have not closed or at least not put
a notice that the the road was closed. >> We can pass that along to the >> I'll make sure that it's passed along to the engineering and police department. >> Thank you. Thank you, Councelor Roby. Any other questions from the councilors? >> Mr. President, councelor Landers.
>> Councelor Landers. >> I will be talking to the city engineer and I will remind them of the importance of uh putting up uh close or do not enter. Uh couple comments, Mr. President. I I'd like to, you know, uh
mention the city engineer Tom Deersio. what what a wonderful job he's done on all these projects as far as looking at them, talking to the contractors, talking to his department to come up with the conditions that will be
included in this order. You know, it's so important that, you know, when a utility company, you know, finishes their product, uh, they get the road back in their perfect condition. As I mentioned, Jefferson Street was done
over a few years ago and now we have this project there. But I I must say that Tom Deersio, he he does a wonderful job. I had a great discussion with them last Friday. So, uh but there again, uh that's why we have uh some good pe
people in that department. That being the case, Mr. President, uh I'd like to move forward on this. I'd like to vote on this order tonight and make sure it includes the conditions that that Tom put forth. So, I am going to make a motion uh to approve this
order. Mr. President, uh I'll make a motion. I'll second it for the time being to include the conditions as outlined by the city engineer, but let's just make sure we finish with this portion of the public hearing to see if there's any other counselors that have any questions. Are there any other counselors that have
questions? >> Mr. President >> councelor Orum or >> yeah council well there's two of us trying to get in. I'm sorry I didn't mean to overstep someone. Uh just a quick note, it does indicate too from
the developer on Jefferson Street that he will be doing the milling as part of his commitment to this project because he's the one requesting the gas lines, I guess, go into his facility and obviously he's looking to see what the status will be tonight. Uh and I wanted
to thank our city engineer as well. Uh what I would like to know is how do we uh get guarantee that the other work is done and who will control that permit so that permit will uh not be released
until Pleasant Street, Bolton Street and Poria Drive which you will find as conditions in the next few hearings uh that that is done. So I I just don't know if the engineer is available to explain how we will be assured that that work is done before this work commences
and how does it affect the developer as well. I'm not sure if the city engineer is on council or but I did talk to the city engineer with just that question. You know, how do we guarantee those permits and his response was they have a very good working relationship with
Eversource and they dish out the permits and make sure those works are work is done and these would be conditions of the of this particular per petition for the pull the permit. So he was very confident that it was not a problem that the Eversource would adhere to the
conditions that were set up uh [clears throat] by his not only this one but on the subsequent uh public hearings as well. >> Thank you Mr. President. Uh the question was based on to the developer looking for this gas line as well. Uh if
Eversource doesn't complete those other projects, hopefully the developer knows that he's at risk himself. uh if Eversource does not complete the other projects. So I just want to make sure that whatever we decide on I know council Landers did indicate these will
be conditions in the permit that the developer knows that as well so that he can't come back and say why am I waiting so long something like that could happen but thank you Mr. President for indicating your information on >> Thank you.
>> Mr. President Council Orlando again. I I did have an extensive conversation last Friday with the city engineer and you're right, Mr. President, they do have that working relationship, but you know, these are ongoing projects. They're
always coming for new ones. They do hold a lot of clout, you know, on these uh utilities, but remember, these utilities are really part of the community, too. and and they realize that if they they do a project they want to end up looking
good. So between you know our department of public works and our engineering department uh I really feel uh that these projects will be done done right and will make the streets look good again. That's all Mr. President.
>> Thank you Council Landers. Are there any other questions from the counselors? >> Yes, President Dawson. It's councelor Ducet. Councelor Ducet. >> Thank you very much, Mr. President. Honestly, Mr. Or president uh councelor Orum actually beat me to the punch as far as making sure that the other
projects are completed in time before this one is started. Um I think that that's an important part of this. Everyone's schedule for, you know, um construction has pretty much been blown out of the bucket because of what's been going on with the pandemic. So, um, you
know, whatever the schedule is going to be, it will be, you know, I don't think there's much we can do about it. But I do think it's important that we finish the projects that are at hand before we move on to the next ones and make sure that um the city engineer Deersio
approves that these have been completed before the next rounds of permit is uh passed on. So, that's all I needed to say. >> Thank you, Councelor Ducet. Are there any other questions from the counselors?
Any other questions from the counselors? Any other questions from the counselors? Hearing none, I close that part of the public hearing in the entire public hearing. There's been a motion that's been made and seconded to approve the petition subject to the conditions by
the city engineer. Any discussion on the motion? Hearing none, I'll ask the clerk to call the role, please. >> Councelor Dumis. >> Councelor Dumis votes yes. >> Council Wagner. >> Councelor Wagner votes yes.
>> Councelor Landers. >> Council Landers votes yes. >> Councelor Irish. >> Councelor Irish votes yes. >> Councelor Naven. >> Councelor Naven votes yes.
Councelor Tanera. >> Councelor Tanera votes yes. >> Councelor Oing Councelor Oing votes yes. Council Oram >> Councelor Oram votes yes.
>> Councelor Pearlman >> Councelor Pearlman votes yes. >> Councelor Ducet >> Councelor Ducet votes yes. >> And councelor Roby >> Councelor Roby votes yes. 11. Sir, the
motion to approve the Eversource petition to install a gas line on Jefferson Street subject to the conditions of the city engineer is approved 110. Agenda item number four. Now is the time for the public hearing on the petition from Eversource Energy to install a
total of 500 ft of 4in IP gas main as a system improvement on Neil and Sedi Street. Uh as outlined in the petition, order number 20-1007981. And in addition, we have a communication from city engineer Tom Depersio with recommended conditions for the Eversource petition on Neil Street and
Zedi Street. Again, this public hearing will be conducted in four stages. Public speaking in favor, questions from the public, public speaking in opposition, and questions from the city councilors. We'll start with public speaking in favor. Is there any public speaking in
favor? >> Yes. Hi, this is Bonnie Cordmash call uh from Eversource Gas project engineer for this particular project. Um just a brief overview of the project.
Um we currently have uh a gas man on Neil Street. It is a low pressure gas line. Uh last year we relayed a new plastic uh gas man there, but we did not connect it in. it's uh in the ground and ready
for activation and that plan for that is to move it from our LP system to our IP system. In order to do that, we need to connect to how street um and Zedi is the street in which we would like to put the new gas vein that goes from how to the
Neil connection and right now there was no gas utility there. So, of course, we're applying to make sure that we can move the gas from the IP system, the intermediate pressure system to make Neil Street a conversion to intermediate pressure.
>> Thank you, Bonnie. Uh, if I could ask the city clerk to read the letter from the uh, city engineer. Council President Oang regarding order number 20-1007981 which has been referred to the engineering department which is a petition from Eversource energy to
install a total of 500 ft of 4in IP gas man in Neil Street and Zumpedi street. I offer the following for your consideration. He has no I have no objection to the installation of gas at this location. Asi as a condition of the approval of this petition, I would request that Eversource Gas complete their ongoing work on Pleasant Street,
Bolton Street, and Porier Drive prior to mobilizing their forces for this new project. Please contact me with any questions. Thomas Depersio Jr., city engineer. >> Thank you. So, continuing the public speaking in favor, are there any other public speaking in favor?
Any other public speaking in favor? Any other public speaking in favor? Hearing none, close that part of the public hearing. Questions from the public. Are there any questions from the public?
Questions from the public? Hearing none, I close that part of the public hearing. Public speaking in opposition. There any public speaking in opposition? Public speaking in opposition.
Hearing none, close that part of the public hearing. >> Questions from the city councilors. Any questions from the city councilors? >> Uh Mr. President, uh Councilman Landers. >> Councelor Landers. I think as uh our
concern before kind of presents itself here the fact that the city engineer mentioned that uh he would uh until they take care of Pleasant Street, Bolton Street and Poria Drive uh that they have to be completed before they can mobilize
their forces to the new project. That sounds like a pretty pretty pretty solid instruction there. So, I'm all set on that, Mr. President. Thank you, Council Landers. Any other questions from the counselors? Questions from the counselors?
Questions from the counselors? Hearing? None. I close that part of the public hearing and the entire public hearing. Council Landers, do you have a motion? >> Yes. I would uh Mr. President, I'd like to make a motion that we approve this order
with all the conditions included. Motion made and seconded to approve the petition for Eversource to restore the gas line on Neil and Z on Petty Streets subject to the conditions from the city engineer. That motion's made and seconded. Any
discussion on the motion? Hearing none, I'll ask the clerk to call the role, please. >> Councelor Wagner. >> Council Landis votes yes. >> Councelor Wagner. Councelor Wagner votes yes. >> Councelor Tanera.
>> Councelor Tanera votes yes. >> Councelor Oing. Councelor Oing votes yes. Councelor Dumis >> Councelor Dumis votes yes. >> Councelor Oram. >> Council Orum votes yes.
>> Councelor Ducet. >> Councelor Ducet votes yes. >> Councelor Pearlman. Councelor Pearlman votes yes. >> Councelor Naven >> Councelor Naven votes yes. >> Councelor Roby
>> Councelor Roby votes yes. >> Councelor Irish >> Councelor Irish votes yes. >> 11. Yes, sir. Thank you. The motion to approve the Eversource petition to install a gas line on Neil and Zedi Street subject to the city engineers
conditions is approved. 110. Agenda item number five. >> Now is the time for the public hearing on the petition from Eversource Energy to install 200 ft of 4in IP gas main as a system improvement on Pleasant Street between Elm Street and Allen Court order
number 20-1007997. And in addition, we have a communication from city engineer Thomas Dersio with recommended conditions for the Eversource petition on Pleasant Street. >> Thank you. Again, this public hearing will be conducted in four stages. Public speaking in favor, questions from the
public, public speaking in opposition, and questions from the city councilors. We'll start the public hearing with the public speaking in favor. Any public speaking in favor? >> Yes, councelor. This is Bonnie Quartermos with Eversource Gas Project
Engineering uh talking in favor of this project. There is a small gap um in the IP main between Elm Street and Allen Court. We'd like to close that gap to improve the pressure system in that area. And um that's why
we're presenting tonight. As you know, we're working on Pleasant Street. We've been relaying very old pipe there with brand new gas man. And this would make a complete uh gas mane actually up the entire distance there from um from
Lincoln Street all the way north uh and make a nice complete complete uh project. So I just wanted to make sure that this is a little bit different than the last few. This is closing a gap between two existing systems. >> Thank you, Bonnie. If I could ask the
city clerk to read the letter from the city engineer, please. Council President Osing regarding order number 20-1007997 which has been referred to the engineering department which is petitioned from Eversource Energy to install a total of 200 ft of 4in IP gas man on Pleasant Street from Elm Street
to Allen Court. I offer the following for your consideration. I have no objection to the installation of gas at this location. Eversource is currently replacing their mains on Pleasant Street and this is a small section that presently does not have a gas man. I would note that the city presently has a roadway reconstruction project ongoing
on Pleasant Street and it is important that Eversource complete its work as soon as possible so as not to delay our project. I would request that if the council is inclined to approve this petition that they do it at the May 18th meeting if possible. Please contact me with any questions. Thank you. Thomas Derscio, city engineer.
>> Thank you. Any other public speaking in favor? Is there any other public speaking in favor? Any other public speaking in favor? Hearing none, close that portion of the public hearing. Questions from the
public. Are there any questions from the public? Questions from the public? Hearing none, I close that portion of the public hearing. Public speaking in opposition. There any members of the public speaking
in opposition? Any members of the public speaking in opposition? Hearing none, close that portion of the public hearing. Questions from the city councilors.
Any questions from the city councilors? Questions from the city councilors? Hearing none, close that part of the public hearing and the entire public hearing. Councelor Landers, you have a motion. >> Yes, I do, Mr. President. uh honoring
the uh city engineers request uh we will I hope approve this petition tonight because uh he he mentioned that in his memo that they're trying to wrap this up. So my motion is to approve this order with the conditions involved.
>> Motion made and seconded to approve the order subject to the conditions of the city engineer which is to basically finish Pleasant Street. [laughter] Right. Any any discussion on the motion? Hearing none, I'll ask the clerk to call the
role, please. >> Councelor Oing. >> Councelor Oing votes yes. >> Councelor Irish. >> Councelor Irish votes yes. >> Councelor Wagner. >> Councelor Wagner votes yes.
>> Councelor Tanera. >> Councelor Tanera votes yes. >> Councelor Oram >> Councelor Oram votes yes. Councelor Roby. >> Councelor Roby votes yes. >> Councelor Ducet.
>> Councelor Ducet. >> I'm sorry. Councelor Ducet. >> Oh, sorry. Councelor Ducet votes yes. >> Thank you. Councelor Landers. >> Council Landis votes yes. >> Councelor Dumis.
>> Councelor Dumis votes yes. Councelor Naven. >> Councelor Naven votes yes. >> And councelor Pearlman. >> Councelor Pearlman votes yes. >> 11. Sir, the motion to approve the Eversource petition to install gas line
on Pleasant Street is approved. Subject to the city engineers recommendation is approved. 11 in favor, none opposed. It is unanimous. Agenda item number six. Now is the time for the public hearing on the petition from Eversource Energy to install 200
feet of 8 in IP gas main as a system improvement on Brimme Street from Short Street to number 65 Brimme Street. Order number 20-1007998. And in addition, we have a communication from city engineer Thomas Dersio regarding recommended conditions for the
Eversource petition of Brimme Street. >> Thank you. Again, this public hearing will be conducted in four stages. Public speaking in favor, questions from the public, public speaking in opposition, and questions from the city councilors. At this time, I'll ask for public
speaking in favor. Any public speaking in favor? >> Council, this is Yes, councelor. This is Bonnie Cordmash with Eversource Energy Gas Engineering Group. Um, talking about the gap closure on Brimme. There is uh gas actually on almost all of Brimsme.
We have intermediate pressure on the eastern portion and low pressure on the western portion. This gap will allow us to complete the upgrade of brimme to all being intermediate pressure. Um and in our larger goal to be a more safe
infrastructure. So this small 200t gap would allow that uh to occur along with the relay of brand new main on Brimme removing some old steel main which is in that street as well. That's all I have. >> Thank you, Bonnie. If I could ask the
city clerk to read the correspondence from the city engineer, please. >> Council President Osing, regarding order number 20-1007998, which has been referred to the engineering department, which is petition of Eversource Energy to install a total of 200 ft of 8 in IP gas main in
Brimme Street from Short Street to number 65. I offer the following for your consideration. The city's the city paved Brimme Street in 2014-15 and although Eversource was aware of this of issues with their main prior to the start of the city's project, they did
not initiate a replacement project in time. They have excavated in Brimme Street at least seven times to repair gas leaks since the road was paved. I am now in receipt of a permit application from them to replace their main in Brimme Street in its entirety, including the section for which this grant of
location applies. As conditions of the approval of this petition, I would request one that Brimsme Street be milled and paved from curb to curb by Eversource throughout the limits of their trenches and two that Eversource complete their ongoing work on Pleasant Street, Bolton Street, and Porier Drive prior to mobilizing their forces on this
project. Please contact me with any questions. Thank you. Thomas Depersio, city engineer. Thank you. Uh continuing, any public speaking in favor? Any public speaking in favor? Any public speaking in favor? Hearing none, I close
that portion of the public hearing. Questions from the public. Are there any questions from the public? Questions from the public hearing? None. Close that portion of the public hearing. Public speaking in opposition.
There any public speaking in opposition? Public speaking in opposition. hearing none. I close that part of the public hearing. Questions from the city councilors. [clears throat] >> Any questions from the city councilors?
>> Mr. President, councelor Landers, I just want to mention again uh what a important great job that Tom did uh in setting down these conditions. I think it's very very important and uh he certainly did his homework. He he
basically uh has told Eversource what needs to be done and again until they uh do these projects they can't [clears throat] mobilize their forces. I think that's a good point. Thank you Mr. President. >> Thank you councel Landers. Any other counselors?
Any questions from the counselors? Questions from the counselors? Any questions from the counselors? Hearing none, I close that portion of the public hearing and the entire public hearing. Council Landers, would you care to make a motion?
>> Council, >> I will make a I make a motion to approve. >> Oh, so with the city engineers recommendations >> one more time, Mr. President, >> with the city engineers recommendations. Oh, absolutely. May a motion to approve
uh including the uh city engineers uh um recommendations and conditions. Yes. >> Motion made and seconded to approve the Eversource petition on Brimme Street with the conditions outlined by the city engineer. Is there any discussion on the motion?
Hearing none, I'll ask the clerk to call the role, please. >> Councelor Irish. Council Irish votes yes. >> Councelor Landers >> Councelor Landis votes yes. >> Councelor Roby
>> Councelor Roby votes yes. >> Councelor Tanera >> Councelor Tanera votes yes. >> Councelor Ducet. >> Councelor Ducet. Hold on. Councelor Ducet votes yes. Yes. My
apologies for technical difficulties. >> Councelor Pearlman. >> Councelor Pearlman votes yes. >> Councelor Dumis. >> Councelor Dumis votes yes. >> Councelor Naven. >> Councelor Naven. Councelor Naven votes
yes. >> Councelor Oram >> Council Oram votes yes. >> Councelor Wagner >> Council Wagner votes yes >> and councelor Oing Councelor Oing votes
yes. 11. Yes, sir. The motion to approve the Eversource petition to install gas line on Brimsme Street subject to the conditions of the city engineer is approved. 110 uh to the Eversource folks. Thank you
very much. Agenda item. >> Thank you, councelor. >> Agenda item number seven. Now is the time for the continued public hearing on the proposed zoning amendment to chapter 650 sections 5,1 17 and 18 relative to contract yards and landscape contract
yards and a proposed reszoning of land located on Farm Road identified as map 85 partial 12 order number 20-1007947D. Again this public hearing will be taken in four stages. Public speaking in favor questions from the public. public
speaking in opposition and questions from the city councils. Again, just to remind the public on this, please state your name and address for the record and we'll bring you on uh as each uh item of the public hearing comes in. So, we'll
start with public speaking in favor and and I guess before we get started, there's a couple of communications. If you could read the communications, um Mr. clerk from uh
>> we have uh two communications. One uh to attorney Gfield as we discussed, please accept this letter that my client from Betta Family Limited Partnership, owner of the property known as 655 Farm Road, Malber, Massachusetts, fully supports the proposed zoning ordinance amendment as recommended. As recommended, excuse
me, and attached here to is exhibit A. If the zoning ordinance amendment is passed, Trometa will file a stipulation of dismissal with prejudice in regard to the above reference matter within 14 days. Please do not hesitate to contact me with questions. Very truly yours, Christopher J. Alfen. And the second
communication is to dear counselors. I am writing on behalf of my client Gina Damatio individually and as a trustee of the 729 farm trust to confirm for the record that she supports the proposed zoning ordinance amendments negotiated with the city including the proposed map change and will file a stipulation of dismissal with prejudice with the Middle
Sex area court for the pending zoning board of appeals case regarding her property within 14 days of the passage of the proposed amendments. Very truly yours Donald J. O'Neal Esquire. >> Thank you. So again, continuing with the first part of the public hearing. So public speaking in favor,
>> Mr. President, >> Mr. Mayor, >> thank you very much for giving me the opportunity. Um, I just want to take a minute of your time. I know a number of you were involved in the planning board meeting just a little while ago. Um,
this is something that, um, obviously has been on the council agenda for over a year now. um it was disposed of. We ended up in a lawsuit with a couple of the people that were uh looking to do
one of these contractor yards. Uh this is very similar to the proposal that was before the council a year ago. Um I know there's a number of new counselors there and I'm sure you've become well aware of the situation. Um, I think this is very
favorable for the city and will give us an opportunity to start enforcing based on this criteria, uh, these yards moving forward and help protect some of the neighborhoods that are out there that have some that just will not fall into the, uh, ordinance that's before you
tonight. Um, this is an all or nothing type proposal. It's been negotiated with the courts and um I believe the people that uh it file suit are both in favor of this proposal and um I think this is
beneficial to everyone involved and also will uh include many of the contractors throughout the city to allow them uh with some guidelines to move forward with their businesses. With that, Mr. President, I'll uh I'll end my
conversation, but be aware uh be available for any any questions you might have. >> Thank you, Mr. Mayor. Are there any other public speaking in favor? >> Mr. President, councelor Roby. >> Councelor Roby.
>> Thank you, Mr. President. Uh for the counselors who are returning counselors from last year, this will be a little bit of history redo. for the new counselors, maybe it will be some new information for you. Um, so back in
December of 2018 was when this all began with a similar order on the council agenda that also had language about home occupation and home office. Uh, public hearing was held by both the city council and the planning board which the
planning board agreed that the city should regulate and they had several recommendations. Due to comments from the planning board and the counselors, however, a revised order was submitted in April of 2019
and then we had a joint public hearing with the planning board. Again, the planning board brought recommendations to the city council. So, this was on our June 3rd agenda with a letter from the solicitor for an
additional amendment to the code, but it was specifically about home offices that was tabled till June, at which time uh nothing ever came. Oh, I'm sorry. It was tabled on June 17th. It was referred
to urban affairs and then we had uh a meeting where that was actually approved. However, nothing ever came back to the council regarding landscape or contractor's yards. On July 8th, Charles Troetta and Gina Deatio were
issued violation orders from the code enforcement for section 65017 table of uses contractor yards not permitted. And they also had two other citations. They appealed this to the ZBA. The ZBA
denied them in September. In October, we were notified that Mr. Trumpetta and M. Demio were appealing to the land court, the ZBA decision, and since that time, the city solicitor and their attorneys
have been in communication. What we have before us, as the mayor said, is the culmination of that work. The mayor is pretty adamant that this be approved as presented or he would not sign off on
it. So I guess we have that warning from him. I do ask the council support. This has been a long process. We need to get this finished. Um the planning board did make a recommendation. They did have some not really conditions but some
comments that I believe will be in a future letter to the city council for acceptance. Thank you, Mr. President. >> Thank you, councelor Roby. Are there any other members of the public speaking in favor?
Members of the public speaking in favor? Members of the public speaking in favor? Hearing none, I close that portion of the public hearing. Questions from the public? Are there any questions
from the public? Questions from the public. Hearing none, close that portion of the public hearing. public speaking in opposition. Are there any members of the public
speaking in opposition? Any members of the public speaking in opposition? Hearing none. Close that part of the public hearing. Questions from the city councilors? Any questions from the city councilors?
>> Uh, councelor Dumis has a question. >> Councelor Dumis. >> So, I I guess the big debate that happened when this came before us was what if it's a pre-existing business that's not in these actual zoned areas? for an example of the South Street
properties that are not zoned for this. What will happen to those businesses? >> Mr. Mayor, do you want to take this or do you want me to try? >> I think he's I'll let him answer. >> Mr. President, if I might.
>> Mr. Mayor, >> uh actually uh the South Street proposal when that was originally included in this um council at Delano had looked to reszone the end of Pleasant Street to make them all conform or allow them all
to conform uh to this ordinance. Um that reszoning is not in here. So the two steps that would have the step that would have to be taken by uh the people um on South Street would be just to ask
for a reasonzoning. The only reasoning that's in this is the one on Farm Road which also was in the original uh proposal or part of a separate proposal at the same time to reszone that. But
Sell Street would be fine if it's reszoned. It currently does not fall into this agreement. >> Thank you. >> Thank you, Mr. Mayor. Thank you, councelor Dumis. Are there any other questions from the counselors?
>> President Osing, that's councelor Ducet. >> Councelor Ducet. >> Thank you very much, Mr. President. Um, this this has been a long drawn out process and I just more make a comment than anything else. Um, I think overall,
um, the second draft of this or the latest draft of this is significantly better than where we were last year, um, as far as addressing other issues that came up that we didn't really have covered in the first uh, the first round. Um, and I appreciate uh having
the area around Tumbettas uh being adjusted as part of this process. And I would definitely be supporting any zoning changes required to get uh prior um pre-existing conditions addressed through reszoning. Thank you.
>> Thank you, Councelor Ducet. Are there any other counselors with any questions? Any councilors with any questions? Any questions from the counselors? Hearing none, I close that portion of the public hearing and the entire public
hearing. And this resides in urban affairs agenda. Uh let's take a two-minute recess to clear out the phone. So councilors, we'll be right back in two minutes. Okay. We are now back in session.
We will continue with agenda item number eight. Sorry, [clears throat] communication from councelor Oing and councelor Tanera regarding municipal aggregation. The spring 2020 update. >> Mr. President, councelor Tunara.
Thank you, Mr. President. Um, I just got a few bullets here for um the council and the public. Uh, we got some great news. So, um, listen in. So, right now, the residents of Malboro participating in our aggregation program saved over
$65,000 on their electric bills in the fourth quarter of 2019. Number two, we anticipate even bigger savings for the fourth quarter, first quarter, excuse me, for 2020.
Um, number three, the two-year contract which runs through November 2021 with our energy supplier Inspire has lower rates than National Grid for the summer period. And uh, council Ducat's going to love
this one. Um all the energy that is supplied from inspire is 100% renewable uh wind rec uh renewable energy credit. So there you go. And the motion is to accept and
place on file. >> Motion is made and seconded to accept and place on file. Is there any discussion on the motion? >> President O. It's councelor Ducet. >> Councelor Ducet. >> Yes indeed. I am really impressed on how
well this is working out for the city in providing green energy for the entire city. Um it is uh you know there there's a lot of national trend that the cost of na uh wind energy is actually becoming
more cost effective than coal and I think uh us seizing that opportunity and providing that as a cost savings to the city has been a wonderful opportunity for uh members of our city and uh
looking forward to uh future uh future future months and with this contract. Thank you. >> Thank you, councelor Ducet. Any other comments from the counselors? >> Mr. President, councelor Oram. >> Councelor Oram. >> And I will say this time that councelor
Ducet took the words out of my mouth, but uh may it may we have more windy days as well because it's great to hear it's all renewable based on the wind. So thanks to both of you uh councelor Tanera, councelor Oing, Mr. President uh
for going forward with this uh solution for renewable energy. Thank you. >> Thank you councelor Orum. Any other comments from the counselors? I will make a note that half of that $65,000 worth of savings in the fourth quarter I
think councelor Lander said came from his household. [laughter] >> You bet. So, but uh on a serious note, the this we were very fortunate to have a real good deal. The first quarter savings I I anticipated be in excess of a million
dollars that will have saved our residents. So, it's really good news. You know, since the beginning of the program in 2006, we've saved over $5 million for our residents. So, it it's working out real well. And so, each of you councilors, you know, take a bow. You did a nice job saving the folks in
Malro uh money on their electric bills. So, hearing no other uh well actually any other comments from the counselors hearing none, I'll ask the clerk to call the role to accept and place on file the communication. >> Councelor Landers >> Council Landers votes yes.
>> Councelor Dumis. >> Councelor Dumis votes yes. >> Councelor Roby. >> Councelor Roby votes yes. >> Councelor Ducet >> Councelor Ducet votes enthusiastically yes.
Councelor Tanera. >> Councelor Tanera votes yes. >> Councelor Pearlman. >> Councelor Pearlman votes yes. >> Councelor Oram >> Council Oram votes yes. >> Councelor Naven.
>> Councelor Naven votes yes. >> Councelor Irish. >> Council Irish votes yes. >> Councelor Oing Councelor Oing votes yes. and councelor Wagner. [snorts] >> Councelor Wagner votes yes.
>> 11. Yes. >> The motion to accept and place on file the communication from the aggregation committee or from the counselors is accepted and place on file by a vote of 110. Agenda item number nine. Communication from the mayor regarding a transfer
request in the amount of $366,493 which moves funds from meals tax revenue account to fund fiscal year 20 bond payments associated with parks and recreation improvements. >> Mr. President, councelor Irish. >> Councelor Irish.
>> Thank you. Um exactly. There is over 4 million in this account to help fund the FY20 bond payments. My motion would be to approve. Motion made and seconded to approve the
transfer from the meal tax account. Comments or question open for discussion from the counselors. >> Mr. President, >> uh I just would like to note too the rundown of the figures shows that we have 4.652 652 million still in this
account if I'm not mistaken. >> You are correct, counselor. >> Thank you. >> Any other discussion from the counselors? Hearing nothing, I'll ask the clerk to call the role to approve the transfer of
$366,493. >> Councelor Dumis. Councelor Dis votes yes. >> Councelor Roby. >> Councelor Roby votes yes. >> Councelor Naven >> Councelor Naven votes yes. >> Council Ducet
>> Councelor Ducet votes yes. >> Councelor Wagner. >> Council Wagner votes yes. >> Councelor Irish >> Council Irish votes yes. Council Oram >> Council Oram votes yes.
>> Councelor Tanera. >> Councelor Tanera votes yes. >> Councelor Pearlman >> Councelor Pearlman votes yes. >> Councelor Landers >> Council Landers votes yes. >> And councelor Oing >> Councelor Oing votes yes. 11.
>> Motion to approve the $366,493 transfer is approved. 110. Agenda item number 10, >> communication from the mayor regarding a transfer request in the amount of $79,500, which moves funds from undesated to open
space stabilization from wireless antenna payments received in fiscal year 20. >> Mr. President, Councelor Irish, >> Council Irish, >> thank you. Uh there is uh well over $6
million in the uh undesated fund. Uh my motion would be to approve the transfer. Motion made and seconded to approve the transfer of $79,500. Any discussion on the motion
hearing? None. I'll ask the clerk to call the role, please. >> Councelor Oing. >> Councelor Oing votes yes. Councelor Wagner. >> Councelor Wagner votes yes. >> Councelor Pearlman. >> Councelor Pearlman votes yes.
>> Councelor Ducet. >> Councelor Ducet votes yes. >> Councelor Naven >> Councelor Naven votes yes. >> Councelor Tanera. >> Councelor Tanera votes yes. >> Councelor Dumis. >> Councelor Dumis votes yes.
>> Council Landers. >> Council Landers votes yes. Councelor Roby. >> Councelor Roby votes yes. >> Councelor Irish >> Council Irish votes yes. And I'd like to correct something. There's over 4
million in that account. Thank you. >> And councelor Oram >> Council Oram votes yes. >> 11. Yes, sir. >> The motion to approve the $79,500 transfer is approved. 110.
Agenda item number 11, >> communication from the mayor regarding a transfer request in the amount of $10,182.60, which moves funds from reserve for salaries to various department accounts to fund provisions of the MMEA collective bargaining agreement.
>> Mr. President, councel Irish. >> Councelor Irish. >> Thank you, Mr. President. Uh, this is a contractual obligation. My motion would be to approve the transfer. >> Motion [clears throat] made and seconded to approve the $10,187
transfer, $87.60 transfer to fund the rest of the MMEA contract and there are sufficient funds in the reserve for salary line item where it is coming from. Is there any discussion on the motion?
Hearing none, I'll ask the clerk to call the role, please. Councelor Irish >> Council Irish vote votes yes. >> Councelor Tanera. >> Councelor Tanera votes yes. >> Councelor Oram
>> Council Oram votes yes. >> Councelor Pearlman >> Councelor Pearlman votes yes. >> Councelor Wagner. >> Councelor Wagner votes yes. >> Councelor Naven >> Councelor Naven votes yes. Councelor
Oing. >> Councelor Oing votes yes. >> Councelor Dumis. >> Councelor Dumis votes yes. >> Councelor Ducet. >> Councelor Ducet votes yes. >> Councelor Landers. >> Council Landis votes yes.
>> And Councelor Roby. >> Councelor Roby votes yes. >> 11. Yes, sir. The motion to approve the transfer of $10,187.60 is approved. 11 in favor, none opposed. Agenda item number 12, >> communication from the mayor regarding
the revolving fund spending limits for the public safety revolving fund, the parks and recreation revolving fund, and the council on aging revolving fund for fiscal year 21. >> Mr. President, council Irish. >> Councelor Irish.
>> Thank you. Uh pursuant to a provision of the city council, my motion would be to approve all three revolving funds for FY21. Uh that would be park, parks, recreation, public safety, and council
on aging. Motion to approve the revolving fund. >> So the motion is to approve the three spending limits for the revolving funds. All three orders. So the spending limits are
>> for parks $350,000 public safety safety $75,000 and council on aging $70,000. >> So just to be clear, council Irish, your motion is to approve the spending limits for the three revolving funds. >> Thank you, Mr. President. The spending
limits, that is correct, Mr. President. >> Okay. Motion has been made and seconded to approve the three orders for the spending limits for the parks and wreck council on aging and public safety. Any discussion on the motion? >> Mr. President, council or
>> council or >> Thank you, Mr. President. Uh just a couple notes. Uh revolving fees u derived from us their use of fees. So this is coming from uh people using services within all these categories and
I presume as well and Mr. President I may ask you or council Irish the uh funding for public safety I presume that is also coming from some of the donations that are from very generous donators within our city.
>> I the the donation and the mayor can correct me but that is a donation from Patriot Ambulance. They've been very generous over the last couple of years donating money uh to the uh public safety account. If there's something else, the mayor can correct me, but I
believe it's all from Patriot Ambulance. >> Thank you, Mr. President. >> That is correct, Mr. President. >> Thank you, Mr. Mayor. Thank you, Council Orum. Any other questions on the motion to approve all three orders? Hearing none, I'll ask the clerk to call
the role, please. Councelor Tanera. >> Council Tanara votes yes. >> Councelor Naven. >> Councelor Naven votes yes. >> Councelor Dumis. >> Councelor Dumis votes yes. >> Councelor Roby. >> Councelor Roby votes yes.
>> Councelor Irish. >> Council Irish votes yes. >> Councelor Wagner. >> Councelor Wagner votes yes. Council Orum. >> Council Oram votes yes. >> Council Ducet.
>> Councelor Ducet votes yes. >> Council Landers >> Council Landis votes yes. >> Councelor Oing Council Oing votes yes. And councelor Pearlman >> Councelor Pearlman votes yes.
>> 11 sir. The motion to approve all three orders for the spending limits for the revolving funds associated with parks and recreation, public safety, and council on aging is approved. 11 in favor, none opposed. Agenda item number 13, communication
from the mayor regarding a gift acceptance in the amount of $7,500 from Digital Federal Credit Union for the fire department for state-of-the-art incident command training. Mr. President, Councelor Irish. >> Councelor Irish.
>> Thank you. A motion to approve and thank you to Digital Federal Credit Union for their generous gift. >> Motion made and seconded to approve the generous donation from the Digital Federal Credit Union of $7,500 to our fire department. Is there any discussion
on the motion? Hearing none, I'll ask the clerk to call the role. >> Councelor Roby. Councelor Roby votes yes. >> Councelor Ducet. >> Councelor Ducet votes yes. >> Councelor Landers. >> Council Landers votes yes.
>> Councelor Oing >> Council Oing votes yes. >> Councelor Oram >> Council Oram votes yes. >> Councelor Dumis. >> Councelor Dumis votes yes. >> Councelor Wagner
>> Councel Wagner votes yes. Councelor Irish. >> Council Irish votes yes. >> Councelor Tanera. >> Councelor Tanera votes yes. >> Councelor Pearlman >> Councelor Pearlman votes yes.
>> And councelor Naven >> Councel Naven votes yes. >> 11. Yes, sir. The motion to approve the gift of $7,500 from Digital Federal Credit Union to the Malbor Fire Department is approved. 11 in favor, none opposed. Agenda item 14,
>> communication from the mayor regarding gift acceptance in the amount of $5,000 from Cummings Properties for the fire department to purchase self-use fire escape devices. >> Mr. President, council Irish. >> Councelor Irish. >> Thank you. Uh motion to approve and
thank you to to all who made the most generous uh uh gift. Motion made and seconded to approve the $5,000 donation from Cummings Property, which is a nice program. Their employees get $1,000 and donate it to a fund of their choice, and
these five individuals were kind enough to donate it to the Malbor Fire Department. So, motion made and seconded to approve the gift. Any discussion on the motion? Hearing none, I'll ask the clerk to call the role, please. >> Councelor Oram. >> Council Oram votes yes with thanks.
Councelor Oing. Councelor Oing votes yes. Councelor Wagner. >> Council Wagner votes yes. >> Councelor Landers >> Council Landers votes yes. >> Councelor Dumis. >> Councelor Dumis votes yes.
>> Council Roby >> Councelor Roby votes yes. >> Councelor Tanara >> Councelor Tanera votes yes. >> Councelor Naven >> Councelor Naven votes yes. Councelor Pearlman. >> Councelor Pearlman votes yes.
>> Councelor Irish. >> Council Irish votes yes. >> And councelor Ducet. >> Councelor Ducat votes yes. >> 11. Yes, sir. A motion to approve the gift of $5,000 from the Cummings property to the model Fire Department is
approved. 11 in favor, none opposed. Agenda item 15, >> communication from the mayor regarding proposed amendment to chapter 398, licenses and permits to ensure consistency with mass general law as amended by the 2016 municipal modernization act.
>> Mr. President, Council Tara here. >> Councelor Tanera. Uh, Mr. President like to make a motion to advertise and unfortunately we have to postpone until June 22nd.
>> Motion made and seconded to advertise and postpone to June 22nd and councilors just for your information it is a minor change but it is an ordinance change so it does require advertising and with the holiday uh we need a little more time so
it would show up again on our June 22nd agenda. So if you have any comments or questions, please contact the department heads or actually the mayor's office. So on the motion to advertise and postpone to June 22nd. Any discussion from the counselors?
Hearing none, I'll ask the clerk to call the role, please. >> Councelor Naven. >> Councelor Naven votes yes. >> Councelor Tanera. >> Councelor Tanera votes yes. >> Councelor Irish. [snorts] Council Irish votes yes.
>> Council Dumis. >> Council Dumis votes yes. >> Councelor Oing Council Oing votes yes. >> Council Landers >> Council Landers votes yes. >> Council Pearlman. >> Councelor Pearlman votes yes.
>> Council Roby >> Councelor Roby votes yes. >> Council Oram >> Council Oram votes yes. Councelor Ducet. >> Councelor Ducet votes yes. >> And councelor Wagner.
>> Councelor Wagner votes yes. >> 11. Sir, the motion to advertise the ordinance and postpone until our June 26th meeting is approved. 11 in favor, none opposed. Agenda item 16.
Communication from the mayor regarding the reappointment of Kevin J. Breen as fire chief for a 5-year term from July 1, 2020 to June 30th, 2025. >> Mr. President, councelor Dumis would like to speak. >> Councelor Dumis.
>> Thank you, Mr. President. I motion to approve this. I had the opportunity to sit on a committee with Chief Breen. I'm extremely impressed with his ability to evaluate what the fire department needs, um, take action, and we've seen a lot of improvements with the current fire
department. Um, I think he is an excellent candidate to spearhead the new fire station that we've all been long waiting for, and I motion to approve this tonight. Thank you. Well stated, councelor Dumis. I I will add to that that I'm on the phone calls with the
chief that he runs them the emergency calls Monday, Wednesday, and Friday, and does an outstanding job coordinating the city department heads. Motion's been made and seconded to approve the reappoint of Chief Breen. Any discussion on the motion?
>> Mr. President Councel Orum, >> I would also like to compliment him on what was just said, but also he's a community spirited person. He serves in the Rotary Club and is very community orientated as well. So, uh, it's a great
suggestion to vote on it tonight. Thank you. >> Thank you, Council Orum. Any other counselors? >> Mr. President, Councelor Pearlman. >> Councelor Pearlman. >> Thank you, Mr. President. I just want to echo everyone's sentiments. I also am extremely impressed with Chief Breen,
especially as one of the new counselors. He's really been um open to um sharing more about the fire department and I agree that he's very community oriented and I also am excited that we're voting on this tonight. Thank you. >> Thank you, Council Pearlman. Any other counselors?
>> Hearing none. On the motion to approve the reappoint of Chief Green, I'll ask the clerk to call the role, please. >> Councelor Pearlman. Councelor Pearlman votes yes. >> Councelor Dumis. >> Councelor Dumis votes yes.
>> Councelor Ducet. >> Councelor Ducet votes yes. >> Council Oram >> Council Oram votes yes. >> Council Naven >> Councelor Naven votes yes. >> Councelor Irish. >> Council Irish votes yes.
>> Council Roby >> Council Roby gives an enthusiastic yes vote. Councelor Tanera. >> Councelor Tanera votes yes. >> Councelor Oing Councelor Oing votes yes. Councelor Wagner.
>> Councelor Wagner votes yes. >> Council Landers >> Council Landis votes yes. >> 11. Yes, sir. >> The motion to approve the reappoint of Chief Breen is approved. 11 in favor. None opposed. Congratulations to Chief Breen for hopefully another five fine
years, five years with the city. Agenda item 17, an application for renewal of junk dealers secondhand dealer license by Best Buy stores LP number 820 DBA Best Buy at 769 Donald J. Lynch Boulevard.
>> Mr. President, Councelor Landers. Councelor Landers, >> I'd like to make a motion to postpone this uh until June 8th. Uh you know, the store, Mr. President, is still closed out there. They've had a change of
personnel. So, uh we weren't able to get the Corey completed. So, in conversation with the the chief uh and Karen, uh we thought it'd be best to postpone this to June 8th. So that would be my motion.
>> Motion made and seconded to postpone the junk dealer license for Best Buy until June 8th. Is there any discussion on the motion? >> Hearing none, I'll ask the clerk to call the role, please. >> Councelor Wagner
Wagner votes yes. >> Councelor Pearlman. >> Councelor Pearlman votes yes. >> Councelor Naven. >> Councelor Naven votes yes. Councelor Irish. >> Council Irish votes yes.
>> Councelor Tanera. >> Councelor Tanera votes yes. >> Council Ducet. >> Councelor Ducet. >> Council Ducet votes yes. >> Sorry. Sorry. >> That's councelor Landers. >> Council Landers votes yes.
>> Council Oram >> Council Oram votes yes. Council Dumis. >> Councelor Dumis votes yes. >> Councelor Roby. >> Councelor Roby votes yes. >> And councelor Oing. >> Councelor Oing votes yes.
>> 11. Sir, >> a motion to postpone the junk deal license to Best Buy till our June 8th meeting is approved. 11 in favor, none opposed. Item 18, >> application for renewal of a junk dealer secondhand dealer license for Gene
Rebello DBA Post Road used Auto Parts of Malro, 785 Boston Post Road East. >> Mr. President, Council Landers, >> Council Landers, >> I am going to make a motion to approve this tonight. Uh, we have received the
Corey from the chief. Uh, everything's fine there. And over the years, we've had a pretty good relationship with Post Road uh use auto parts. So, as a result, uh I my motion will be to um make make
this uh vote this tonight. >> Very well. A motion's been made and seconded to approve the junk deal license for Post Road Auto. Any discussion on the motion? Hearing none, I'll ask the clerk to call the role, please.
>> Councelor Pearlman. Councelor Pearlman votes yes. >> Councelor Wagner. >> Councelor Wagner votes yes. >> Councelor Oing Councelor Oing votes yes. >> Councelor Dumis >> Councelor Dumis votes yes.
>> Council Roby >> Council Roby votes yes. >> Councelor Irish. >> Council Irish votes yes. >> Councelor Landers >> Council Landers votes yes. Councelor Naven.
>> Councelor Naven votes yes. >> Councelor Ducet. >> Council Ducat votes yes. >> Councelor Oram >> Councelor Oram votes yes. >> And councelor Tanara. >> Councelor Tanera votes yes. >> 11. Yes, sir.
>> The motion to approve the junk deal license for postroad uh auto parts is approved. 11 in favor, none opposed. Agenda item 19, communication from the Department of Conservation and Recreation regarding the 2020 forest management proposals for public review
and comment. >> Mr. President, Councelor Naven, >> Councelor Naven. >> Thank you, Mr. President. Uh, I would just like to note that the Conservation Commission has this plan on their agenda for discussion this coming Thursday, May 21st, and the DCR's proposal can be
viewed. Um if you're a member of the public would like to view it, um it the link is live in the council packet that is online. And with that, I make a motion to accept and place on file. Motion made and seconded to accept and place on file the department of
conservation and Rex 2020 uh forest management plan. So any discussion on the motion? >> Mr. President, I would suggest we approve it as the city of Malboro.
>> City of Mal. >> Understood. Council, >> look at it. It says town of Malboro. >> No. Good. Good catch, councelor. Or we will we'll let we'll let Priscilla know so she can correct them at the
conservation commission, but there's no action the council has to take. Any other discussion on the motion to accept and place on file? Hearing none, I'll ask the clerk to call the role, please. >> Council Wagner. >> Councelor Wagner votes yes.
>> Councelor Naven. >> Councelor Naven votes yes. >> Council Landers. >> Council Landis votes yes. >> Councelor Roby. >> Councelor Roby votes yes. >> Councelor Irish. >> Council Irish votes yes.
>> Council Oram. >> Council Oram votes yes. Councelor Pearlman. >> Councelor Pearlman votes yes. >> Councelor Ducet. >> Councelor Ducet votes yes. >> Councelor Dumis >> Councelor Dumis votes yes.
>> Councelor Oing Councelor Oing votes yes. >> And councelor Tanera. >> Councelor Tanera votes yes. >> Lebanon Le >> motion to accept. Sorry. The motion to accept and place on file the communication from the department of conserv conservation act for the city of
Malro is approved. 11 in favor none opposed. Agenda item number 20. >> Communication from national grid regarding the 2020 yearly operational plan and yearly manage and vegetation management plan. Excuse me.
>> Mr. President, councelor Naven. >> Councelor Naven. >> Thank you, Mr. President. I make a motion to accept and place on file. Motion is made and seconded to accept and place on file. Any discussion on the motion? Hearing? None. I'll ask the clerk to call the role, please.
>> Councelor Dumis. >> Councelor Dumis votes yes. >> Councelor Irish. >> Council Irish votes yes. >> Councelor Pearlman. >> Councelor Pearlman votes yes. >> Councelor Tanera.
>> Councelor Tanera votes yes. Council Ducet. >> Councelor Ducet votes yes. >> Councelor Wagner. >> Council Wagner votes yes. >> Council Roby >> Council Roby votes yes.
>> Council Oram >> Council Oram votes yes. >> Council Landers >> Council Landis votes yes. >> Councelor Oing Councelor Oing votes yes. Councelor Naven. >> Councelor Naven votes yes.
>> 11 in favor, sir. A motion to accept and place on file the communication from National Grid for the yearly operational plan is approved. 11 in favor, none opposed. Agenda item number 21. Communications from various residents listed regarding
opposition to an application for a special permit by WP Malro Mass Owner LLC to build a multif family residential project in the business district to be known as Olaris Malro consisting of 188 units and four buildings at 339 Boston
Post Road East, order number 20-1007995. >> Mr. President, Councelor Roby. >> Councelor Roby. >> Thank you, Mr. President. I move to accept and place on file the three communications from the residents. I would also like to point out to anyone who sent a communication to the city
council who does not see your name on here. The difference is you sent it to the city council where we did receive it. You did not send it to the city clerk where it would then be put onto our agenda. So you don't need to send
another communication. We have many of them. Thank you. Motion made and seconded to accept and place on file the communications from the residents in opposition to the uh special permit at McGee Farm. >> Any comments >> President?
>> Um it council Pearlman. >> Thank you. Sorry I did not mean to cut you off. Thank you, Mr. President. I just wanted to remind anyone who's watching that there will be a public hearing on this scheduled for June 8th. So, if you didn't have an opportunity to already share your comments with the counselors, there'll be another
opportunity and we'll have the public access the way that it was tonight. Um, unless anything changes. So, please be on the lookout for that as well. Thank you. >> No, that excellent point, Councelor Pearlman. Thank you very much. Any other discussion from the counselors? Hearing nothing or hearing none on the
motion to accept and place on file. I'll ask the clerk to call the role. >> Councelor Oing. Council Aing votes yes. Councelor Pearlman. >> Councelor Pearlman votes yes. >> Councelor Irish. >> Council Irish votes yes.
>> Councelor Wagner. >> Councelor Wagner votes yes. >> Council Ducet. >> Council Ducet votes yes. >> Council Oram. >> Council Orum votes yes. >> Council Tanera. >> Councelor Tanera votes yes. Council
Naven >> Councelor Naven votes yes. >> Council Roby >> Council Roby votes yes. >> Councelor Landers >> Council Landis votes yes. >> And councelor Dumis. >> Councelor Dumis votes yes. [clears throat and cough] >> 11. Yes, sir.
>> On the motion to accept and place on file the various correspondents. It is approved. 11 in favor, none opposed. >> Agenda item 22, >> minutes, boards, commissions, and committees. President Oi, >> Councelor Ducet.
>> Thank you very much, Mr. President. I'd like to have item 22, minutes of the boards, commissions, and committees accepted and placed on file. >> Motion made and seconded to accept and place on file the minutes in agenda item 22. Is there any discussion on the
motion? Hearing none, I'll ask the clerk to call the role, please. Councelor Landers. >> Council Landers votes yes. >> Councelor Wagner. >> Council Wagner votes yes. >> Councelor Oing >> Council Oing votes yes. >> Council Tanera.
>> Council Tanera votes yes. >> Council Roby Roby votes yes. >> Council Pearlman. >> Councelor Pearlman votes yes. >> Council Ducet. >> Council Ducet votes yes. >> Councelor Naven.
Councelor Naven votes yes. >> Council Dumis >> Councelor Dumis votes yes. Council >> Orum >> Council Oram votes yes. >> Council Irish >> Council Irish votes yes. >> 11 in favor, sir.
>> Motion made and seconded to accept and place on file. The minutes is approved. 11 in favor, none opposed. Agenda item 23, claims. Sorry. Sorry, >> President Austin. That's councelor
Ducet. >> Councelor Ducet. >> Like to take item 23 claims and forward it to legal. >> Motion made and seconded to send the claims to the legal department. Is there any discussion on the motion?
Hearing none, I'll ask the clerk to call the role. >> Councelor Naven. >> Councelor Naven votes yes. >> Council Landers. Council Landis votes yes. >> Council Roby >> Council Roby votes yes. >> Council Ducet
>> Council Ducet votes yes. >> Councelor Using >> Council Using votes yes. >> Councelor Wagner >> Council Wagner votes yes. >> Council Oram >> Council Oram votes yes. >> Council Dumis.
>> Councelor Dumis votes yes. >> Councelor Tanera >> Council Tanera votes yes. Councelor Irish. >> Councelor Irish votes yes. >> Councelor Pearlman. >> Councelor Pearlman votes yes.
>> 11 in favor. Sir, the motion to send the claims to the legal department is approved. 11 in favor, none opposed. Reports of committees. Are there any reports of committees?
Hearing none. Agenda item 24, >> order number 20-1007929D, proposed salary ordinance amendment relative to chapter 125, section six of the city code. The recommendation of the finance committee is to approve the
proposed salary ordinance and to advertise and the legal ad was published on Monday, May 4th, 2020, and the advertising requirement has been met. >> Mr. President, Council Irish. Councelor Irish. >> Thank you. Recommendation of committee
is to approve. >> The motion's been made and seconded to approve the ordinance change. It has been properly advertised. And counselors, this is an ordinance change. So, we'll have to pass the four stages. So, there any discussions before we get
into the uh dis u the passage of the ordinance hearing? None. I'll go through this four stages. All those in favor of suspending the first reading and approving the second reading, I will ask the clerk to call the role.
>> Councelor Ducet, >> Council Ducet votes yes. >> Council Oram, >> Council Oram votes yes. >> Council Dumis, >> Councelor Dumis votes yes. >> Council Naven >> Councelor Naven votes yes.
>> Councelor Landers. Council Orlando votes yes. >> Councelor Roby. >> Councelor Roby [clears throat] votes yes. >> Councelor Wagner. >> Council Wagner votes yes. >> Councelor Oing Council Oing votes yes. >> Councilor Tanera.
>> Councelor Tanera votes yes. >> Councelor Irish. >> Council Irish votes yes. >> Councelor Pearlman. >> Councelor Pearlman votes yes. >> 11 in favor. Understand that first part passes 110. Second
portion. All those in favor of the passage to be enrolled. I'll ask the clerk to call the role, please. >> Councelor Wagner. >> Councelor Wagner votes yes. >> Councelor Tanera. >> Councelor Tanera votes yes.
>> Councelor Pearlman. >> Councelor Pearlman votes yes. >> Councelor Oing Councelor Oing votes yes. Council Ducet. >> Councelor Ducet votes yes. >> Councelor Irish. >> Council Irish votes yes.
>> Council Oram >> Councelor Oram votes yes. >> Council Roby >> Councelor Roby votes yes. >> Council Dumis >> Councelor Dumis votes yes. >> Council Landers >> Council Landis votes yes.
>> And councelor Naven >> Councelor Naven votes yes. >> 11. Yes, sir. >> That portion is approved. 110. All those in favor of the passage to be ordained, I'll ask the clerk to call the role, please.
>> Councelor Pearlman. >> Councelor Pearlman votes yes. >> Councelor Dumis. >> Councelor Dumis votes yes. >> Councelor Ducat. >> Councelor Ducat votes yes. >> Councelor Irish.
>> Council Irish votes yes. Councelor Oram. >> Council Oram votes yes. >> Councelor Naven. >> Councelor Naven votes yes. >> Councelor Oing Council Oing votes yes. >> Councilor Roby >> Councelor Roby votes yes.
>> Council Landers >> Council Landis votes yes. >> Coun Council Wagner. >> Councelor Wagner votes yes. >> And councelor Tanera. >> Councelor Tanera votes yes. >> 11 fake sir. And that portion it passes
110. Is there any objection to passage in one evening? This does not require a vote. I just need to know if anyone has any objections to passing in one evening. Hearing none, the ordinance is approved.
Agenda item number 25. Order number 20-1007915 C. proposed zoning amendment to chapter 650 sections 17 and 18 relative to livestock farms and the recommendation of the urban affairs committee is to approve the proposed amendment and this
matter was postponed to the May 18th 2020 city council meeting >> Mr. President Councel Roby >> Councelor Roby >> Thank you Mr. President, before we get into this order, I would like to thank the numerous residents who emailed the
council supporting our original order. I also want to discuss the letter from the planning board. Zoning amendments are required by Mass General Law section 4A or chapter 4A section 5 to go to the planning board for their recommendation.
While the council prefers to receive a favorable recommendation, it does sometimes receive an unfavorable recommendation. The vote of the urban affairs was to recommend approval pending the planning board's recommendation. Once that is received, the council
simply files the communication and then may adopt, reject, or amend and adopt any such proposed ordinance or bylaw. So, the planning board did give us an unfavorable recommendation. However, I do want people to know that
the council did not file the recommendation that I'm sorry that we did file the recommendation, but it wasn't simply filed away with no thought to their input. And I do want to thank the members of the planning board for the time they put into this matter and for
their suggested amendments. I want to offer comments on them if you'll bear with me. I send an email with questions about their recommendations to Mr. Garside, the director of public health, Mr. Cook, the building commissioner, and Mr.
Gfield, the city solicitor. When the urban affairs committee met to take up this order, we discussed in detail the board of health regulations versus the council's role in zoning. No one had an issue with the proposed zoning for where chickens would be allowed or the number
of chickens allowed. I personally do not agree with the planning board recommendation number one to change the zones or number two to change the numbers allowed and am proposing no action. If another counselor does agree, they could recommend an amendment.
Section 6517 of the code is a table of uses. This column table includes a column listing various types of uses some noted with numbers by them. The zoning amendment deals with those numbers which are a specific part of the
zoning code chapter 18 conditions for uses. Its purpose is to define the use of each number in 167. The planning board's recommendation number three deals with the minimum lot size. And I don't believe this specific
amendment to the code is the way for dealing with lot size. I also disagree with need to add a minimum lot size. So I won't be acting on this. Recommendation number four is that the board of health be the permitting
authority. Mr. Garide confirmed that the board of health regulations show that they are already the permitting authority. He stated that no permit would be issued until the applicant received the sign off from the zoning office that it is a permitted use in the
district and it meets all setback. The board of health uses the department of agriculture guidance and uses animal control officer to conduct inspections on an annual basis and there's also a broad nuisance statute that gives the board of health authority to regulate
and enforce against nuisance conditions. I don't believe recommendation 4 needs any action. Mr. Garside has the planning board's letter and if he feels there is a need to amendments to the regulations, he can make that recommendation.
Recommendation number six deals with the accessory structures and a limit on how close a coupe can be to a dwelling. Mr. confirmed that chicken coupoops already fall under the accessory use rules in the code for one and two family
dwellings. If the coupe is under 200 square ft, it would be exempt from the building permit. It's important to note that regardless of whether the coupe needs a building permit or not, it must meet the requirements in the code for
accessory structures. These regulations would not allow the coupe to be closer than 10 ft to the principal structure, which would most likely be the house, or closer than 5t to any side or rear lot line. I don't believe recommendation six
needs any action. Based on comments we received from residents and my own personal opinion, I don't see the need to amend for chickens to be allowed only for single family owner occupied properties as suggested in number eight. So that
leaves two comments. Number five, prohibiting the sale of eggs and number seven, keeping chickens in the front yard of the property. And after consulting with Mr. Cook and Mr. Gfield. I will be proposing two amendments related to those planning board
recommendations. Mr. Gfield has stated it is his opinion that my proposed amendment is not sufficient to cause a new public hearing and Mr. Cook has offered specific language for the chickens related to the
front of the property. So with that said, I move to approve the recommendation of the committee, which is to approve the zoning change to chapter 650 section 18 with the following amendment to section 1B.
To insert after the fourth sentence the following, the selling of eggs is prohibited and no chicken coupe shall be located between the street frontage and the primary structure front building line. Thank you, Mr. President.
>> Thank you, Councelor Roby. A motion has been made and seconded to approve the livestock ordinance change as amended. Is there any discussion from the counselors? And then this would be an ordinance change. So again, it will go through the four stages. So councilors,
any discussion on the amended ordinance? >> Mr. President, councelor Naven. >> Councelor Naven. >> Thank you, Mr. President. Um, I'd like to thank councelor Roby uh for that explanation and all the work that you have put into this ordinance change. Uh, this is definitely one of those issues
that at first uh to me seems simple uh but gets a little bit more complicated as you start to peel back the layer. So, I appreciate your diligent work and your openness to explain this thoughtful approach uh especially to some of us newer counselors. So, I'd also like to thank Chair Fenby and the planning board
for their time and energy that they put into reviewing this proposal, especially Mr. Russ who constructed the letter explaining the board's concerns and recommendations. There were several valid points raised in this letter and I believe that the recommendations and the work that councelor Roby has put into addressing them um has provided the city
with a stronger proposal by confirming that recommendations four and six will already be addressed by the existing regulations and proposing the amendment before us uh to address recommendations number two and number five. Uh, I believe this ordinance will provide residents who wish to keep chickens on
their property, uh, with the legal right to do so to ensure that they're doing so correctly and safely uh, while protecting their neighbors and their neighborhoods from potential negative impacts. Uh, and so with that, I am happy to vote in favor of this ordinance as amended tonight. >> Thank you, Mr. President.
>> Thank you, Council Naven. Any other counselors? >> Mr. President Councel Orum >> Councel Orum >> and I will share the same thanks about the work that has gone into this. Uh I work in the field of public health and I
respect what Mr. Garside has said, but I have also dealt with the nuisance issues that are created sometimes by the improper keeping of chickens and at the same time I do understand it's a food source and especially in these days it
can be concerning. But I am very much in favor of what the planning board noted in respect to the minimum lot size and living in a neighborhood with small lots, 5,000 square ft. If say 10 neighbors decided to have chickens in
that area, every other neighbor with 5,000 ft lots, it could be troublesome uh with nuisance odors as well as well noise isn't the major issue. It's the nuisance odors and I've had to deal with that in my work. So, I cannot support
this tonight even though all the hard work went into it and I appreciate that. But I would like to see it go back on the table to review what was mentioned by the planning board and find a resolution so that we can provide some
resources to our residents who would like to have chickens and at the same time prevent future nuisances. Thank you, Mr. President. >> Thank you, Council Orum. There any other discussion from the counselors? >> Mr. President, council >> Tara.
>> Yes. Uh I wholeheartedly support Mark Orum. Um councelor uh they are a nuisance. I don't want chickens. I don't want my neighbors to have chickens. I have a um a small lot up here as well. Um I don't even eat chicken. So So
[laughter] I will be voting against this this evening. Thank you, Mr. President. Thank you, Council Tanera. Are there any other comments from the counselors? >> Mr. President, councelor Pearlman. >> Councelor Pearlman.
>> Thank you, Mr. President. I also want to express uh my support for this amendment and I um this ordinance and the amendments that were made. I think that council Roby did a really thorough job and there was a recommendation um to approve from the urban affairs committee and really do want to extend my thanks
to the planning board and chair Fenby as well. I think a lot of time was put into the recommendations and many have been incorporated directly here whether it's that the board of health is already the permitting authority um as well as prohibiting the sale of eggs and making sure that the chicken coupe shall be
located um shall not be yes no coup shall be located between the street frontage and the primary structure front building um and would really uh look to all of the support we got from uh residents as well and their interest in keeping chickens especially during this time more so than I would have thought
myself as a new counselor. So, similar to councelor Naven, didn't realize how complex this issue would be. Um, and so I'm expressing my support for this um tonight and I I hope it moves forward. >> Are there any other councils that wish to speak on the amended motion to
approve the livestock ordinance? >> Mr. President, >> councelor Roi, >> not hearing any. If I may just add a couple of comments. Um, this does need to pass this evening or it will go back to the council. So, I hope that it does. And I just want to let people know that
if it does pass, uh, currently there are no regulations. So, technically, if you have a chicken coupe in your yard or chickens in your yard, they are there violating city code. And the code enforcement has been
pretty lenient in waiting to see what will happen, especially with this proposed amendment. um if this is approved they will be moving forward. It may not be tomorrow. It may not be in six months but action will start happening. So I do want
people to be aware that they need to understand that there are steps that they will need to take. Um and I do hope this is approved. Thank you. >> Thank you councelor Roby. Are there any other comments from the counselors? I will add councils as we go through the
votes if we if it depending on what the votes are if there aren't enough that you think that are going to make your case that means we'd have to advertise it again go through the whole thing and probably be in the same spot. So I just ask your counselors to consider that as
we go through the four stages. Are there any other comments or questions from the counselors? >> A point of order. Uh President O. It's councelor Ducet. Council Ducette. >> So the last stage is passing it in one night. Correct. >> That is correct.
>> So what happens if it doesn't pass tonight? >> That means we have to readvertise, have to have a new public hearing for the city council, a new public hearing for the planning board, which is all fine. We can do all that. We pay for the expense of advertising. That's part of
the process. I just ask yourself based on how you see the votes, do you see the votes changing at all? is what you got to ask yourself. And if you you answer if you can sit and say no, the votes aren't going to change, probably worth approving this and working your way to
amend it going forward with a a change that might work. But that that's each council makes that decision. >> Thank you very much, President. >> You're welcome. Council Ducet, any other comments or questions from the counselors?
>> Mr. President, I would uh >> council or >> offer to make an M Mr. President, Council Orum, I would offer to make an amendment to the lot size to be 8,000 square ft or greater. >> There's been a motion made and seconded
to amend the lot size to 8,000 square ft. Council Roby. >> Uh Mr. president. Um I there is no mention of lot size anywhere in this. So if he has a specific amendment and where he wants it placed, that would be
helpful. >> Councelor Orum, >> I would ask it be placed within the ordinance as proposed. It can be added like at the bottom as the other red highlighted areas were added. Thank you, Mr. President.
>> Councelor Roby. If you're looking for a second from me, you're not going to get one. So, >> I'm going to ask for a two-minute recess, please. >> Two minute. City council is back in session.
So, there's been a motion made and seconded to increase the lot size for chickens to 8,000 square ft. >> Discussion on the motion. >> Uh, Council Wagner President would like to add
>> um I'm [clears throat] not sure if I'm putting this the proper. So, on the motion 8,000 feels like an arbitrary number pulled out of thin air. I'm not sure what the logic and rationale behind it is. And we did receive letters from constituents that talked with when
something like that was proposed. It feels very discriminatory. 8,000 square feet is a pretty large area. Again, I don't know what that basis is. Some some ratio chicken to land that feels very arbitrary and it's going to discriminate against people that could easily have
chickens and keep take care of them without it being a nuisance. And um I have I'm cons I would oppose the idea of this amendment. >> Uh Council Orum, would you like to add
anything as to where the 8,000 square ft came from? >> I believe they probably jumped above the 5,000 square foot lots that you see out there that I mentioned earlier. um I would have to have them interviewed and that's why I said this is a a work
in session and they did ask that it be re-reed with the planning board and unfortunately if we vote on it tonight there won't be that opportunity to sit down maybe and try to get through it all and find out not just the reasoning for the 8,000 square feet but for some of
the other areas as well. Um, I I believe too that 8,000 it seems to be over the 5,000, the smaller lots in town, and it's almost like the happy middle between a 5,000t lot and typically a 10,000. But you're that is correct. It's
arbitrary. And um maybe we can find out where they may have gotten that from. But I do see in my field of work, nuisance issues usually happen with odors and from chickens especially. Uh when you have tiny lots next to each
other, that's when you start having a very demanding type situation because you end up allowing it and then you can have problem. It's problematic when they're small lots, but could it be 6,500? Could it be 7,000? I think it's
that after 5,000 foot lot that you see, and you do see some of those in some of the smaller neighborhoods. >> Mr. President, councelor Roby, >> can I just do a quick point of order? Was there a second on his
>> Yes, the president seconded the motor the the motion. >> All right. Thank you. I I wasn't paying attention when you came back so I missed that point. And can I just offer comments to um council or I guess I want
to make sure what he is saying. What the planning board recommended was that the minimum lot size be 8,000 square ft. Is that his motion? Because that's not what you restated. I don't think. >> And that could be correctly stated that
way. Indeed. I would like to go with the actual verbiage that the planning board offered to all of us. Thank you. Yeah, that is correct. >> And then if I could also comment, I attended the planning board meeting this evening. Although I did not expect it,
they did ask me some questions about this specifically. I don't think it was ever their intent for this to go back to the planning board. I think they in their typical wisdom for any recommendation they can either recommend
yes no they can recommend with suggestions. They were offering suggestions. They understood from my point of view that I accepted some of them. I did not accept others. And they although were some of them seemed uh to
have some concerns still understood that that was where this lay at the moment not going back to the planning board although if this is not approved tonight it would go back to the planning board. Um so I personally hope that doesn't
have to happen. Uh, is there any other discussion on the amendment to add the minimum lot size of 8,000 square ft? >> Mr. President, councelor Naven. >> Councelor Naven.
>> Thank you, Mr. President. Um, if I could just ask a um a qualifying question um to councelor Roby um as in your conversations with Mr. Garside is they will be um overseeing the regulation u promulgation during this. Um would they
be allowed to um and would they likely put in regulations that require people to follow and meet certain standards no matter their lot size for cleanliness and the way that the coups are kept. Um so that that could then be enforced. So that we would not be discriminating
against people with smaller lot sizes but against the people who um you know may not be living up to their end of the bargain for what they committed to when they had the chickens and may that be a better way to approach this as opposed to picking one lot size versus the other
and that we put it into an enforcement case. >> Mr. President, if I may through you answer Mr. N councelor Naven. Yes. Uh I did cite the comments that Mr.
Garcia had made where he specifically cited Mass General Law stating that he can enforce nuisance and he would be able to enforce this. You could have a huge yard and if you have
enough chickens, you could still be a nuisance to your neighbors. So, I don't think the yard size is really the issue. I think it's the how the chickens are kept by their owner. Um, so the nuisance
ordinance that he has already in his ability to deal with this, I think would handle everything. >> Thank you, >> President O. That's councelor Ducet. >> Councelor Ducet. So, I understand the concern as far as
the size of the lot and the number of chickens. And if we're going to be limiting the lot size, it might make more sense to actually limit the number of chickens for smaller lots and then with larger lots support more chickens.
If we went down that path, we'd have to, you know, it we can't pass what we have today because that that would be a significant change to put in at the last minute. [laughter] Um, so I'm not sure if that makes sense to actually include it at this point, but maybe that could
be something that could be addressed as an amendment at a future date. I'm just tossing that out to councelor Orum and the others as far as um how we can move forward to this and then possibly amend it later. >> Thank you, Council Ducet. Any other
discussion? >> Mr. President, Councelor Dumis would like to speak. >> Council Dumis, >> thank you. I feel like this is going to be a slippery slope. We can go back and hashtag every single or um discuss every
point during this change. However, this isn't our pay. It's above my pay grade. If we just approve this without the amendment, let the director of public health figure out if it's a nuisance or not, that's their responsibility. They
can set their own rules and regulations. Just like I have a salon here, I'm allowed to open up a salon. The licensing board comes in and spects to see if I'm doing a good job. It doesn't matter if my salon is 10,000 ft². It doesn't matter if it's 300 square ft.
I'm providing a service. The residents of Malra want this. There's already chickens out there. What does it matter? Let the board of health figure out if it's a nuisance or not. I don't want to make sure that my neighbor is a nuisance or not. is I know who to contact. I can
contact my city councelor. I can talk to the board of health. I can contact Pam Wilder. I can do what I need to do to make sure that they're doing their due diligence and not me. Thank you. >> Thank you, Council Dumis. Any other discussion from the counselors?
>> Councelor Pearlman. Mr. President. >> Councelor Pearlman. >> Thank you, Mr. President. I just want to echo um councelor Dumis' u remarks and definitely um from what councelor Roby indicated before there was nothing in place to begin with. So we didn't really have anywhere to start. So it's
important to put something on the books um and then be able to make further amendments if needed. But I agree that we shouldn't be limiting I think it would be discriminatory to put a lot size at this time. Um and we really should be monitoring um the enforcement of nuisance or not. And I think the board of health and the director um are
well positioned to do so. So I think we should move forward on this tonight. Thank you, Council Pearlman. Any other discussion? So, hearing none, I will add that I think it would be in the council's better interest to approve the
order as amended by councelor Roby. the items that are forwarded by councelor Oram I think would lead better to a subsequent amendment or subsequent submitt or zoning change if that if you know if we see problems exist but you
know I feel it's important that we have something on the books now where we have nothing and I'd hate to see this stop because it seems pretty clear where all the votes are and I don't see it changing right now without any history so with that on the motion
to set to add a minimum lot size of 8,000 square ft. We'll vote on that to see if we want that to be amended to the current ordinance. Again, it takes six votes to pass that amendment.
Is there any other discussion before I ask the clerk to call the role on that amendment for an 8,000 square foot minimum lot size? Hearing none, I'll ask the clerk to call the role. >> Councelor Roby.
>> Councelor Roby votes no. >> Councelor Irish. >> Council Irish votes yes. >> Councelor Ducet. >> Councelor Ducet votes no. >> Councelor Naven.
>> Councelor Naven votes no. >> Councelor Landers. >> Councelor Landers votes no. Councelor Oing >> Councelor Oing votes no. >> Councelor Oram >> Council Oram votes yes.
>> Councelor Tanera >> Councelor Tanera votes yes. >> Councelor Wagner >> Council Wagner votes no. >> Councelor Pearlman >> Councelor Pearlman votes no. >> Councelor Dumis.
>> Councelor Dumis votes no. >> Three in favor. Eight opposed. Sir 83. >> The the the motion uh to amend the ordinance to add a minimum lot size of 8,000 square ft does not pass with eight
counselors voting to oppose and three counselors voting in favor. So now we're back to the amendment the livestock ordinance as amended by councelor Roby. Is there any discussion on that motion
that has been made and seconded? Hearing none, I'll ask the clerk to call the role. We'll go through the four stages of ordinance approval. All those in favor of suspending the first reading and approving the second
reading, please call the role. >> Councelor Irish. Council Irish votes yes. >> Councelor Roby. >> Councelor Roby votes yes. >> Councelor Wagner >> Council Wagner votes yes.
>> Councelor Oing >> Councelor Oing votes yes. >> Councelor Dumis >> Councelor Dumis votes yes. >> Council Landers >> Council Landers votes yes. >> Councelor Oram >> Council Oram votes no.
>> Councelor Naven >> Councelor Naven votes yes. Councelor Tanera. >> Councelor Tanera votes no. >> Councelor Pearlman. >> Councelor Pearlman votes yes. >> And councelor Ducet.
>> Councelor Ducet votes yes. >> Nine in favor to oppose. Sir, >> what about Irish? Okay. Yep. Nope. It's 92. All right. So, that first part passes 9 to2. All those in favor of the passage to be enrolled. I'll ask the clerk to call the role.
>> Councelor Tanera. Council Tinera votes no. >> Councelor Irish. >> Council Irish votes yes. >> Council Landers >> Council Landers votes yes. >> Councelor Oram >> Council Oram votes no.
>> Councelor Naven >> Councelor Naven votes yes. >> Councelor Pearlman >> Councelor Pearlman votes yes. >> Councelor Dumis >> Councelor Dumis votes yes. Councelor Wagner. >> Councelor Wagner votes yes.
>> Councelor Ducet. >> Councelor Ducet votes yes. >> Councelor Roby >> Councelor Roby votes yes. >> And councelor Oing >> Councelor Oing votes yes. >> Nine in favor to opposer.
>> Second portion is approved. 92. >> All those in favor of the passage to be ordained. I'll ask the clerk to call the role. Please. >> Councelor Dumis. >> Councelor Dumis votes yes. >> Councelor Tanera. >> Councelor Tanera votes no.
>> Councelor Irish. >> Council Irish votes yes. >> Councelor Naven. >> Councelor Naven votes yes. >> Councelor Landers. >> Council Landers votes yes. >> Councelor Oram.
>> Council Oram votes no. >> Council Oing. >> Councelor Oing votes yes. Councelor Pearlman. >> Councelor Pearlman votes yes. >> Councelor Roby. >> Councelor Roby votes yes.
>> Councelor Wagner. >> Councelor Wagner votes yes. >> Councelor Ducet Council Ducet votes yes. >> In [snorts] favor, two opposed. >> That is approved. Nine in favor, two oppo. Two opposed. And is there any
objection to the passage in one evening? Hearing none, the ordinance is approved. >> Thank you, councilors. Councelor Tanera. >> Mr. President, motion to adjurnn. >> Motion is made and seconded to adjurnn. I will ask the clerk to call the role,
please. >> Councelor Roby. >> Councelor Roby votes yes. >> Councelor Pearlman. >> Councelor Pearlman votes yes. >> Councelor Oing Council Oing votes yes. >> Council Oram
>> Council Oram votes yes. >> Council Landers >> Council Landers votes yes. >> Councelor Naven >> Councelor Naven votes yes. Councelor Irish. >> Council Irish votes yes.
>> Council Tanera. >> Council Tanera votes yes. >> Council Dumis. >> Councelor Dumis votes yes. Please. >> Councelor Ducet. >> Council Ducet votes yes. >> Councelor Wagner.
>> Council Wagner votes yes. >> 11. Yes, sir. The motion to adjurnn is approved. 110. I do want to thank the counselors. You did an outstanding job this evening. Thank you very much for all the work you put into it. We are adjourned at 10:07.