Good evening everyone. I'll call the city council to order at 8:00 on Monday evening, June 23rd, 2025. This meeting is being recorded. Please join me in the pledge of allegiance. 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. Thank you. We have 26 items on this evening's agenda and I will ask the clerk to please read agenda
item number one, minutes of the city council meeting for June 9th, 2025. Councelor Brown. Thank you, Mr. President. Move to accept and place on file the minutes. Motion made second to accept and place on file the minutes. Any discussion on the motion? Seeing none, all those in favor? Oppose. The
meeting minutes are filed and the vote is 90. Agenda item number two. Now is the time for the public hearing on the petition of Mass Electric and Verizon, New England to install one joint own pole on Bigalow Street beginning at a point approximately 150 ft northwest of the center line of the intersection of
Robin Hill Street to install one new pole 69-5 order number 25-100 9479. In addition, we have a communication from city engineer Thomas Deersio regarding recommending conditions. Okay. The public hearing will be taken up in four stages. First with the public
speaking favor. Second, questions from the public. Third, public speak in opposition. And finally, fourth, questions from the city council. So, we'll open the first part of the public hearing. The public speaking in favor. Please state your name and address for the record, please.
Michael Frasier, National Grid, 245 South East Main Street, Hopedale. Thanks, Mike. Overview of the project. Uh, yep. So, just looking to install uh two riser poles uh both in front of 339 Boston Post Road East. No, this is the
This is the other one. I don't have another one. I don't have another one. Sorry. We can If you don't have enough information, Mike, I'll ask for a motion to continue this one to our J. This is the one on Robin Hill Road. Yeah, I didn't look at this one,
but it looks to just install a midspan pole on Bigle Street. Anything you want to add to that or I'm not really sure to be honest with you if you want to. I'll entertain a motion to continue the public hearing until the our July 21st meeting. Councelor
Preachello. Thank you, Mr. President. Uh move that we continue the public hearing to our next motion remains second to continue the public hearing till our July 21st meeting. Any discussion on the motion? Seeing none, all those in favor?
Opposed? We'll continue that public hearing till July 21st. Vote carries 90. Uh, agenda item number three. Now is the time for the public hearing on the petition of Massachusetts Electric to install one single own pole 34-25 on Boston Post Road East beginning
to point approximately 160 ft northwest of the center line of the intersection of Village Drive and continuing approximately 500 ft in the northwest direction. New pole to service the buildings at 339 Boston Post Road East or number 25-10089480. Excuse me. Okay. Again, this public
hearing can be taken up in four stages. Public speaking in favor, questions from the public, public speaking in opposition, and questions from the city council. So, we'll open the first part of the public hearing with the public speaking in favor. Starting with the applicant, Mike Frasier, National Grid, 245 Southeast Main Street, Hopedale. Uh,
this one is to install new riser pole 34-25 to service two of the three new buildings at 339 Boston Post Road East. Comments or questions? Any comments or questions? Well, actually,
can you read read the um the communication from the city engineer? Sorry about that. We have a communication from city engineer Thomas Deersio regarding the petition Massachusetts electric to install the joint own and single own but
which one. Sorry. Uh he they're both the same. He said basically they're both the same and he he does not have an issue with the installation of either of the new poles. A permit shall be applied for from the Malbury Department of Public Works Engineering Division for the proposed locations as well as the attached
standard conditions that he has. Any other members of the public speaking in favor? Members of the public speak in favor? Any members of the public speak in favor? Hearing none, I close that portion of the public hearing. Questions from the public? Any questions from the public?
Any questions from the public? Hearing none, I close that portion of the public hearing. Public speaking in opposition. Any members of the public speak in opposition? Any members of the public speak in opposition? Hearing none, I close that portion of the public hearing. Questions from the city
council. Questions from the city council. Fill. Thank you, Mr. President. Um, as we saw in the city engineers um communication to us, uh, these two petitions are are rather similar. So, just wanted to clarify these are two separate projects, two separate petitions that, you know, you'd like to
see both approved tonight. um and just kind of the the scope of that. Obviously, I know there was a small little um hiccup. It references Boston Post Road West when it should be east. So, just a couple clarifying matters, but these are two separate petitions that we're looking at tonight. Correct. The two separate orders in our job, but
it's one big project. Sounds good. Thank you, Mike. Appreciate it. And thank you, Mr. President. Any other questions from the city councils? Councelor Roby. Thank you, Mr. President. So, I know this is more related to the next petition, but why is one a joint petition from both
New Eng? Who doesn't get Verizon and why not? Uh, one of the polls is going to be a midline poll. I believe that's 34-25 and then 35 and a half. We're just kind of tapping off existing pole and then it's so no need to have Verizon on it.
They're gonna communication is going to go through the other poll. Okay. Thank you. Mhm. Any other questions from the city councilors? Questions from the city councilors? Any questions from the city councilors? Hearing none, I close that portion of the public hearing and the entire public
hearing. Councelor Villo. Thank you, Mr. President. Move to approve the petition with the conditions submitted by the city engineer. Motion's made and seconded to approve the petition with the conditions submitted by the city engineer. Any discussion on the motion? Seeing none, all those in favor?
Opposed? The petition is approved with the conditions by the city engineer and the vote is 90. Agenda item number four. Now it's time for the public hearing on the petition. Mass Electric and Verizon New England to install one joint owned pole 37-5 for the same place at the service at 339
Boston Post Road East or number 25-100 9481. In addition, we have a communication from city engineer Deersio with recommended conditions for approval. Again, this public hearing we take up in four stages. First, the public speak in favor. Second, questions from the public. Third, public speak in
opposition. And finally, four, questions from the city council. We'll open with the first part of the public hearing with public speaking favor. Starting with the applicant, please state your name and address for the record, please. Michael Frasier, 245 Southeast Main Street, Hopeail. Okay, Mike, just for the benefit of the
Yep. Uh viewing audience. Uh installing new pole 37-5 for service to the third of the third building on property of 339 Boston Post Road East. Okay. That it
might Yes. Uh Mr. Clerk, can you read the letter from the city engineer, please? Again, from city engineer Thomas Dersio regarding the the petition. Uh he does not have issue with the installation of either of the poles. A permit should be applied for for the Department of Public Works engineering
for the proposed locations and marked out in the field prior to final installation as well as the attached standard conditions issues. Thank you. Any other members of the public speak in favor? Any other members of the public speaking in favor? Any other members of the public speaking in favor? Hearing
none, I close that portion of the public hearing. Questions from the public? Any questions from the public? Any questions from the public? Hearing none, I close that portion of the public hearing. Public speaking in opposition. Any members of the public speak in
opposition? Members of the public speak in opposition. Hearing none, I close that portion of the public hearing. Questions from the city council. Questions from the city council. Any questions from the city council? Hearing none, I close that portion of
the public hearing and the entire public hearing. Council Pillo. Thank you, Mr. President. Move to approve with the conditions submitted by the city engineer. Motion made seconded to approve the petition with the conditions submitted by the city engineer. Any discussion on the motion? Seeing none,
all those in favor? Opposed? The petition is approved with the conditions by the city engineer and the vote is 90. Thank you, Michael. Thank you. Good. I'm ready. Agenda item five, communication from councilors Aing and Naven regarding municipal aggregation
June 2025 update. Councelor Naven. Thank you, Mr. President. Um, quick update on our aggregation program. Mubble residential electricity users participating in our MUN a program saved over $210,000 in the first quarter of 2025. The city's contract with First
Power, which began in February 24, will run through this November of 2025. The rate um of the um contract is 14 cents per kilowatt hour.14150 um to be specific um which is lower than the national grid basic service rate um
of.16055 per kilowatt hour. So um this is in effect from August of 24 through January of 25. Um and um importantly, this contract provides 100% renewable energy and our rate, which is even more cost- effective when compared to National
Grid's green options. Um looking ahead to the second quarter of 2025, the city rate is lower than the National Grid's summer basic service rate of.14672 um per kilowatt hour, meaning the residents that participate in this program will continue to save money on their utility bills. Um the municipal
aggregation program has saved users over $40 million since the program's inception in 2007. Um and so our residents that are participating will continue to save money in this. I also want to note that um the municipal aggregation committee will be meeting on Wednesday to review the program, learn about um the state of the market as well
as some indicative pricing in the next contract. Um with that said, motion to accept and place on file. Motion made second to accept and place on file and communication. Any discussion on the motion? Seeing none, all those in favor opposed. Communication is filed. The vote is 90. Agenda item number six,
communication from councelor at large Shawn Naven as required in Mass General law chapter 39 section 23D regarding the application for a wireless special permit from Jerry Squires on behalf of Dish Wireless to install, operate and maintain a wireless communication facility consisting of nine antennas, 12 RUS, 12 fiber cables and ground
equipment within 100T lease area on and next to the water tank at 115 Anamog Street. Order number 25-100 9432A. Councel. Thank you, Mr. President. Um, as you will all remember, um, last meeting was quite busy. Um, and I had the, uh, distinct displeasure of not
being in attendance for it. Um, I had to be out of town, um, for a work conference and so I was unable to be here. Um, and so the next four items, um, are required so that I can continue to participate in them. I assure you all that I watched them in a very dreary hotel room in Detroit. Um, so I was
right there with you uh, thanks to the people at WMCTV um, that made live streaming available. So, um, these are all the same. Um, and so I would, um, ask, uh, I would move to approve items number 6, 7, 8, and 9. Motion made and second to accept and
place on file items 6, 7, 8, and 9, which are council neighbors Mullen rules showing that he watched the four special permit public hearings. Any discussion on the motion? Seeing none, all those in favor? Oppose. Those four items 6, 7, 8,
and 9 are filed and the vote is 90. Agenda item 10. Thank you, council. Uh, communication from the mayor regarding the reappointment of R. John Scarren to the conservation commission for a three-year term to expire in March 10th, 2028. Council Naven. Thank you, Mr. President. Um, as this is a reappoint, I
would move to approve the reappoint. Motion made and seconded to approve. Any discussion on the motion? Seeing none, all those in favor? Opposed? Uh, the uh reappointment is approved and the vote is 90. Agenda item number 11, communication from the mayor regarding
the reappointment of Brendan J. Downey to the historical commission for a three-year term to expire February 29th, 2028. Council Naven. Thank you, Mr. President. Um, this is a reappoint as well, and I would move to approve. Motion made second to approve the reappoint. Any discussion on the motion? Seeing none, all those in favor?
Opposed? The reappointment is approved. The vote is 90. Agenda item number 12. Communication from the mayor regarding the appointment of Peter B. Welsh to the historical commission for a three-year term to expire on June 19th, 2028. Council Naven. Thank you, Mr. President move to refer to personnel. Motion made second. Refer the appointment to the
personnel committee. Any discussion on the motion? Seeing none, what's that? All those in favor? Opposed. The appointment is referred to personnel and the vote is 90. Agenda item number 13. Communication from the mayor regarding
the appointment of Deborah. I'm not saying that one. Russ to the library board of trustees for a three-year term to expire in March on February 1st, 2028. Council Naven. Thank you, Mr. President. Move to refer to personnel. Motion remains second to refer the appointment to personnel. Any discussion on the motion? Seeing none, all those in
favor opposed. The appointment the appointment is being referred to personnel and the vote is 90. Agenda item 14. Communication from the mayor regarding grant acceptance in the amount of $1,900 from the Sudbury Aset conquered rivers cooperative invasive species management area awarded to the
conservation commission to support local efforts to manage and reduce invasive plant species within the community. Councelor Irish. Thank you, Mr. President. Motion to approve the grant, please. Motion's made and seconded to approve the grant. Any discussion on the motion? Seeing none, all those in favor?
Opposed. The grant is approved. The vote is 90. Agenda item 15. Communication from the mayor regarding bond request in the amount of $800,000 for the repair of the Bigalow school roof. Additionally, in order to authorize a lease amendment for the agreement with the Asabet Valley Collaborative. Councelor Iris. Thank
you, Mr. President. Motion to refer to the finance committee and to advertise the bond. Please. Motion's made and seconded to refer to the finance committee and to advertise the bond. Any discussion on the motion? Seeing none, all those in favor opposed. The bond will be sent to finance and advertise
and the vote is 90. Agenda item 16. Communication from the mayor regarding the Richard Elementary School feasibility study update. Councelor Roi. Thank you, Mr. President. I know that there's a lot of information within the uh what was provided to the council. So,
you'll have plenty of time to read it. I'm going to move to refer this to urban affairs and as the building committee does some more review, then we can set up a time to take this up. Thank you. Motion made second. Refer this item to the urban affairs committee. Any discussion on the motion? Seeing none, all those in favor?
Opposed? This item's going to urban affairs and the vote is 90. Agenda item 17. Communication from city solicitor Jason Gfield regarding the application for a special permit from attorney Brian Faulk on behalf of Malbor Hospital and New Mass Memorial Realy Inc. to allow for a proposed 8,000 foot expansion of the emergency department, a new
multid-disciplinary clinic and a proton therapy center in proper legal form order number 25-100 9418C. Council Roi, thank you. Please recuse note I'm recusing. Let the record reflect that council Roby will not be participating in agenda item 17. Council Naven. Thank
you very much, Mr. President. Move to accept and place on file the communication and to refer this item to number uh 26 on the agenda. Motion made a second to accept and place on file the communication. Move this item down to agenda item number 26. Any discussion on the motion? Seeing none, all those in
favor? Opposed. This item is going to be accepted and placed on file. Move to agenda item number 26. The vote is eight in favor with one abstension. Agenda item 18. Communication from assistance. City solicitor Jeremy Mcmanis regarding notice of constructive
approval filed by attorney Brian Faulk on behalf of GR Development LLC DBA Car Wash pursuant to Mass General Law Chapter 48 section 9 order number 25-100 9369C. Councelor Roby. Thank you Mr. President. I don't do I need to accept and place on
file the communication also or just um can and then and then just read a motion move to authorize the legal department to draft and file a court complaint on behalf of the city council to appeal the constructive approval. Motion's made and seconded to authorize the legal
department to draft a complaint uh to appeal the constructive approval. Any discussion on the motion? Council Ducat. Thank you very much, Mr. President. Um, just so I understand the process as well as the people watching this. So, we're going to be Is the letter going to come
back to the council before it gets sent out? Is this just going to go straight out? So, with a constructive approval, the city council, any interested uh participant has 20 days to appeal the
process. The letter was filed by attorney Faulk on July June 12th. the 20-day period is up July 3rd. So the So it will not come back to the council. So So what we're doing is we're telling the solicitor if the tenant want
the vote goes to say go ahead and appeal the decision. It won't come back. I mean you'll you'll see the letter but it won't come back until it gets filed cuz he has to file it by June 3rd. Our next meeting is not till July 21st 1st. So, we won't see we'll see it, but it won't
be in front of the body like this until July 21st. But the vote if approved will authorize the legal department to uh submit of the constructive approval. Okay. Thank you for the clarification. Appreciate it.
Any other comments or questions on the motion to authorize the legal department to do a con appeal the constructive approval? Any further discussion? All those in favor? Opposed?
One. The approve. The constructive approval request to the legal department to appeal is approved by a vote of eight in favor, one opposed. [Music] Agenda item 19, communication from attorney Anne Soilleski on behalf of
McDonald's USA LLC regarding request for approval of a master sign plan for various signs pursuant to chapter 650 section 37i1A of the code for the restaurant to be located at 735 Boston Post Road East within the Wayside District. Mr. President,
I need to recuse myself from this. Well, please let the record reflect that council ducet will abstain. Council Roi. Thank you, Mr. President. Move to refer this to urban affairs. Motion remains. Second to refer this item to the Urban Affairs Committee. Any discussion on the motion?
Seeing none, all those in favor? Opposed? This item's going to urban affairs. And the vote is eight in favor with one abstension. Agenda item number 20, application for modification of a special permit from Raphael Anarov on behalf of Green Gold Group, Inc. to amend the hours of operation at the
marijuana retail establishment located at 910 Boston Post Road East within the Wayside District. Councelor Roby. Thank you, Mr. President. Move to refer this to Urban Affairs to set a public hearing for July 21st and to advertise. Motion made second. Refer this item to the Urban
Affairs Committee. We'll set a public hearing for July 21st and we'll advertise. Any discussion on the motion? Council Det. Thank you very much, Mr. President. Um, we've been talking about the hours of marijuana establishments
since this has been legal and we're now into a, let's just call it a contest as far as um, you know, who can stay up later, who can open earlier. And, you know, Green Gold group, which I have respect for, says, "Hey, we're not open as long as the these guys are, but we
want to open earlier." So, like we need to come up with a consistent time for marijuana establishments to be open so that no one is getting complaining about one's open more than the other. That's we need to get that straightened out. But thank you. Thank you, Council Ducet.
Council Roby, thank you. Not to belittle the point, but we tried it and it failed. So, we are where we are today. And you will remember when they came to do a change to allow medical marijuana, we asked them, "Do you want to change your hours?" And they said, "No, we're
okay." So they must have rethought their decision and we will deal it with it. Thank you, Council Robian. It will not be the last one. Um, on the motion to refer to urban affairs, we'll set a public hearing for July 21st and to
advertise. Any further discussion? Seeing none, all those in favor? Opposed. This is going to urban affairs with a public hearing July 21st and advertise and a vote is 90. Agenda number 21 minutes of boards, commissions, and committees. Mr.
President, do you motion to accept and place on file the minutes of the boards, commissions, and committees? Motion made second to accept and place on file the minutes. Any discussion on the motion? Seeing none, all those in favor? Opposed? The minutes are filed. The vote is 90. Agenda M22 claims councelor
Brown. Thank you, Mr. President. Move to send the claims to legal department, please. Motion made second to send the claims to the legal department. Any discussion on the motion? Seeing none, all those in favor? Opposed? Claims are going to legal. The vote is 90. Reports
of committees. Who wants to go first? Go ahead. Councelor Fchilla. Thank you, Mr. President. The public services committee met on June 16th, 2025 at 6:30 p.m. We had one item on that evening's agenda. Order number
25-1009478, a communication from the planning board regarding request for mayor and city council to support a home rule petition relating to unaccepted private ways in the city of Malro. The chair opened the meeting by reading into the record a letter from the planning board dated
June 3rd, 2025. City Engineer Tom Depersio gave a brief overview of the home rule petition. He emphasized that this petition is intended to address about 50 unaccepted subdivision roads and would give the city council a procedure to accept these roads. Council Ducet noted that many of the roads will
likely be in poor condition upon acquiring them. Engineer Depersio explained that the DPW already makes repairs on unaccepted private ways that pose a public safety risk. Councelor Irish asked if matching up easements would be an issue for engineering. Engineer Depersio explained that because
these roads already went through the subdivision process, there will be pl uh plans previously approved that show the easements. Uh the chair asked if the city has maintained these unaccepted roads with snow and ice removal, to which engineer Dersio said, "We have." Uh the committee noted that the planning
board sent a communication requesting that the language of the home rule petition um be amended to give the state legislature the ability to make minor changes um without it having to come back before the council. Engineer Depersio expressed that the legal department prefers the city retain a final look at the language. President
Osing encouraged that the committee send the petition to the legal department to be put in proper legal form along with the planning board's comments for review. Council Oram asked what the cost is to the city for maintaining these unaccepted private ways and engineer Deersio responded that these roads were completed by the developer at the time
and that the condition um would be the same regardless of the status um of whether or not the road was accepted. On a motion by councelor Ducet, seconded by the chair, the committee recommends the home rule petition be referred to the city solicitor to be put in proper legal form. The vote carried three to none.
And on a motion by councelor Iris, second by the chair, the meeting adjourned at 700 p.m. And I will be asking for a suspension of the rules this evening. It's been a request for suspension of the rules. All those in favor of suspension opposed. Suspension carries 90. Council Chillo. Thank you,
Mr. President. Please refer order number 25-1009478 to the solicitor's office to be put in proper legal form. Motion made second to send this order to the legal department to be placed in proper form. Any discussion on the motion? Seeing none, all those in favor? Opposed? This item
is going to legally put in proper form and the vote is 90. Who's next? Councelor Irish. Thank you, Mr. President. Uh finance committee met on June 16th, 2025. We had two items on the agenda that evening. Uh meeting
convened at 701 p.m. Our first order was order number 25-1009473. uh communication from the mayor with a transfer request in the amount of $226,882.36 uh which moves funds from reser salaries and free cash to various accounts to
fund the uh recently ratified agreement with the Marro Municipal Association uh MMEA. Uh Chair Irish read the communication from Mayor Dumis on a motion by council or seconded by the chair. Uh the finance committee recommends approval of the transfer of
$130,388.80 from reserve for salaries and $96,49356 from free cash to fund the recently ratified agreement with the Marbor Municipal Employees Assoc Association MMEA. Uh the vote carried 5 to 0. Uh on the next order was order number
25-1009428. uh communication from mayor the mayor with the FY2026 capital bond request totaling 15550,000 as outlined in this year's capital improvement plan. Uh the proposed borrowing uh will fund a range of
facilities, utilities, and street improvement projects undertaken by the Department of Public Works. Chair Irish read the April 24th, 2025 communication from Mayor Dumis, supplemented by the May 30th, 2025 letter uh from the mayor
detailing the request and address the bonds with the DPW Commissioner Scott and city dep and city engineer Dersio. On a motion by council vital, seconded by the chair, the finance committee recommends the approval of the bond uh in the amount of $9,650,000
for the projects listed below. Uh that vote carried 520. On a motion by councelor Fillo, seconded by the chair, uh the fi finance committee recommends approval of the bond in the amount of $3,500,000 as follows in in below. Um that vote
carried uh 5 to zero. Uh on a motion by uh Council Vital, seconded by the chair, the finance committee recommends the approval of the bond in the amount of $1,400,000 for the following sewer and sewage system construction and/or reconstruction projects. That vote
carried 520. Uh on a motion by councelor Brown, seconded by the chair, finance committee recommends approval of the bond in the amount of $1 million for the water main replacement Berlin Road portion. That vote carried 5 to zero. Uh meeting adjourned at 7:41 p.m. Mr.
President and I will be asking for two suspensions this evening. Uh on the first expense suspension would be for order number 25-100 9473 motion. The chair has requested a motion to suspend the rules for order 9473
which is to fund the MMEA contract. All those in favor of the suspension opposed. Suspension carries. The vote is 8 900. Councelor Irish. Thank you Mr. President. Approve the recommendation of committee to approve the transfer request in the amount of $226,882.36. Please motion made in second to approve
the transfer request of $226,882.36 to fund the MMEA contract. Any discussion on the motion? Seeing none, are those in favor? Opposed. The transfer to fund the contract is approved and the vote is 90. Council Iris. Thank you, Mr. President. I will be asking for a suspension as well on
order number 25-1009428 please. Motion. The chair has asked for suspension of the rules on order number 9428 which is the capital bonds. All those in favor of the suspension opposed. Suspension carries and the vote is 90. Councelor Irish. Thank you Mr.
President. Move the recommend move to uh motion to advertise the bond in the amount of $15,550,000. Please. Motion made and seconded to advertise the four bonds in the amount of $15,550,000. Any discussion on the motion?
Seeing none, all those in favor? Opposed. The bonds will be advertised and we will take this up at our July 21st meeting. The vote is 90. Council Naven. Thank you very much, Mr. President. Uh no report but I would ask for suspension of the rules um to remove
no order number 25-100 9463 from the personnel committee. The chair personnel has asked for suspension of the rules for order number 9463. All those in favor of suspension opposed suspension carries. The vote is 90. Councelor Naven. Thank you very much Mr.
President. um want to take a minute um to ask folks if they would um consider um approving tonight um the dep the Department of Public Works um assistant commissioner for operations position. Um obviously a very important position that uh Commissioner Scott has worked very
hard um to get um to get through and would like him to be able to fill this position as soon as possible as the season is upon us. So um with that move to approve the job description. Thank you. This motion is made and seconded to approve the job description for the assistant DPW commissioner. Any
discussion on the motion? Council Ducet. Thank you very much, Mr. President. I'm going to be supporting this. I think that uh what is shown in the last couple of uh let's see how long did it take for Ted to get his job
kind of demonstrates the lack of availability, you know, manpower to actually do the work. So, I think this is sorely needed and I'm glad that uh this is finally getting straightened out. So, thank you. Thank you, Council Jet. Any other comments or questions from the counselors on the motion to
approve the job description for the assistant DPW Commissioner for Operations? All those in favor? Opposed? The job desript job description is approved. The vote is 90. Any other reports of committees?
Seeing none, agenda item 23, order number 25-100 9450, proposed ordinance amendment to the city code, chapter 125 personnel section 5, preparation of classification descriptions and chapter 125 personnel section 6 salary schedule
relative to creating the position of deputy chief in the police department. Recommendation of the finance committee is to approve. Councelor Iris. Thank you, Mr. President. This will be two separate votes. Um uh mot uh move the recommendation of committee to approve the salary ordinance. Please motion made
and seconded to approve the salary ordinance. Any discussion on the motion? Seeing none, since this is an ordinance change, it has to go through the four stages. All those in favor of suspending the first reading and approving the second, please signify. That carries 90.
All those in favor of the passage to be enrolled, please signify. That carries 90. All those in favor of the passage to be ordained, please signify. And that carries. Is there any objection to passage in one evening?
Seeing none, that carries. And the salary ordinance for the deputy police chief is approved. 90. Councelor Irish. Thank you, Mr. President. Move the recommendation of committee to approve the job description. Please. Motion's made in second to approve the job description for the deputy police chief.
Any discussion on the motion? Seeing none, all those in favor opposed. The job description is approved and the vote is 90. Agenda item number 24. Order number 25-100 9440. Application for renewal of junk dealer secondhand
dealer license from Roman Kimargo DBA Arthur Suns Shoe Repair 107 Main Street. Recommendation of the public services committee is to approve. House of Aello. Thank you, Mr. President. Move the recommendation of committee to approve uh approve the junk dealer secondhand dealer license. Motion made and seconded
to approve the junk dealers's license for Ather and Sun. Any discussion on the motion? Seeing none, all those in favor? Opposed. The junk dealer license is approved. The vote is 90. Agenda item number 25. Number 25-100 9441. Application for renewal of junk dealer
secondhand dealer license from Gerald Dumis, DBA Dumis Sun, Secondhand Store 65 Mechanic Street. The public services committee makes no recommendation on this matter. Councelor Fill. Thank you, Mr. President. Move to approve the renewal of a junk dealer secondhand dealer license. Motion's made and
seconded to approve the junk dealer's license. Any discussion on the motion? Councelor Irish. Thank you, Mr. President. Um, thank you for council. Um, I cannot support this junk dealer license. I made that clear in the uh public service committee. Uh I have
received numerous calls from abutters that uh that are close to those properties and their concern is that um uh a lot of the stirring of the material um and some of the junk and product there uh could actually start to pile up and could continue and could be a code
enforcement uh violation of the city code. Um and that could potentially be a problem for some of the abutters and neighbors. So at this point I'm in opposition of this special of this license. Thank you, Mr. President. Thank you, councelor Irish. Is there any other discussion? Councelor. Thank you, Mr. President. In listening to the counselor
for the district, the ward, I will be in support of the uh same opinion, which is until this place gets straightened out, I don't think any of us should support this. Thank you. Thank you, councelor. Councelor Ducet.
Thank you very much, Mr. President. I agree with the counselor of the uh district of the ward. Um there was a comment in the notes that basically he really hasn't been open for about 10 years. So it's not necessarily an active business. So I think that that's an
issue. So I'm not going to vote in for support of it. Thank you councelor Ducet. Is there any other comments or questions? Councelor Fillo. Thank you Mr. President. I uh appreciate councelor's remarks and I do completely understand. I personally feel that if there is an issue, code enforcement
should be on top of it. from my understanding, code enforcement, um, you know, there haven't been any kind of formal investigations happening currently. So, I'd like to see that happen. So, I I wouldn't want to, um, withhold the license, um, over the, you know, kind of the idea that there is an issue. I'd like to see code enforcement
go in there and and try to clean up this property if there is an issue. But I do respect councilors voting against this. And, uh, I will be in support of it tonight. Thank you, Mr. President. Thank you, Council Chill. Councelor Roby. Thank you, Mr. President. I will also be in support of this. I know is this has come up before the council multiple
times. Uh it's always been approved and until this year there's never been an issue brought to uh the council's knowledge I don't think. Um I would agree if there's a code enforcement issue inside the building then code enforcement needs to look at it but it's
not open to the public. So what he does inside there is really up to him. Um, he did state that he isn't open for business, but I think denying him the permit if he does want to open is the wrong message to send to a business
person in the city. So, I will be in support of approving. Thank you, Councelor Ruby. Councelor Brown. Thank you, Mr. President. Um, I will also be um in support of approving um
just because I don't feel that I can base my vote on the the could be. I absolutely respect the position of the um the ward counselor speaking on behalf of his constituents, but um from my perspective, I'll be voting to support
because um based on what's currently there and um I didn't receive any complaint from the code enforcement um office. I will be um supporting to approve. Thank you. Thank you, Council Brown. Anyone else? Any other
counselors? council. I would ask I will motion to table this until we hear back from code enforcement. There's been a motion to table. Second.
I'll second. Motion sec. Motion to tables been made and seconded. All those in favor of tableabling. 1 2 3. All those opposed? 1 2 3 4 5 6. Motion table does not carry.
Any other discussion on the motion? Councelor Irish. Thank you, Mr. President. Just just quickly, I just want to make sure to speak clearly on this. This is uh not storing product that necessarily in the building. This is for storing any product and junk outside the building and on other properties. I just wanted to state that
to make that clear. Thank you, Mr. President. Thank you, Council Irish. Any other discussion? council Obi and I think the petitioner made it clear that the issue is on property that he owns but has nothing to do with his store per
se. It's not his property that's being stored by someone who happens to live on property he owns different than the store itself. Thank you, Council Roi. Anyone else? Hearing none on the motion
to approve the junk dealer's license. All those in favor? 1 2 3 4 5. President makes six. All those opposed. 1 2 3. The junk dealer's license is approved. The vote is 63. Agenda item number
26. Applicate for a special permit from attorney Brian Faulk on behalf of Arbor Hospital and UMass Memorial Realy Inc. to allow for a proposed 8,000 foot expansion of the emergency department, a new multid-disciplinary clinic, and a proton therapy center. The recommendation of the urban affairs
committee is to approve as amended. Councor Robi. Thank you, Mr. President. Please note for the record that I'm recusing myself. Motion's made in motion made in second. We'll let the record reflect that council Robby will not be participating in the vote on the special
permit for Malboro Hospital. Sir, Council Naven. Thank you, Mr. President. Move recommendation of committee. Motion remains seconded to move the recommendation of the committee. Any discussion on the motion? Hearing none, I will ask the clerk to please read the conditions. City council
pursuant to its authority under Massachusetts General Law, Chapter 48 in the zoning ordinance of the city of Marro, hereby grants the applicant a special permit to expand the pre-existing non-conforming hospital use and structures at the site as shown on the site plan filed subject to the following conditions. Which condition shall be binding on the applicant
successors and/or assigns? One, construction in accordance with applicable laws. Construction of all structures on the site is to be in accordance with all with all applicable building codes and zoning regulations in effect in the city of Auburn and the Commonwealth of Massachusetts and shall be built according to the site plan as may be amended during site plan review. Two, site plan review. The issuance of
the special permit is further subject to detailed site plan review by the site plan review committee in accordance with the city of Malro site plan review ordinance prior to the issuance of the building permit. Any additional changes, alterations, modifications or amendments as required during the process of site plan review shall be further conditions attached to the building permit and no final occupancy permit shall be issued
until the applicant is complied with all the conditions provided however that subsequent to the issuance of the special permit and the site plan approval. The site plan review committee may authorize the phasing of site and building work depending upon weather conditions and other factors. Subsequent site plan review shall be consistent with the conditions of the special
permit and the site plan submitted, reviewed, and approved by the city council as a special permit granting authority. Three, modification of plans not withstanding conditions one and above, the city council or the site plan review committee may approve engineering changes to the site plans so long as changes do not change the use as
approved herein or materially increase the impervious area of the use, reduce the green area, alter traffic flow or increase the size of the building as shown in the site plan. for incorporation of submissions. All plans, photo rendering, site evaluations, briefs, and other documentation provided by the applicant as part of the application as amended or revised during
the application hearing process before the city council and or city council's urban affairs committee are here and incorporated into and become part of the special permit and become conditions and requirements of the same unless otherwise altered by the city council. Five, storm water and erosion control management. The applicant shall ensure that site superintendent during construction of the project is competent
in storm water and erosion control management. This individual's credential shall be acceptable to the engineering division of the city's department of public works and the city's conservation commission. This individual shall be responsible for checking the site before, during, and after storm events, including weekends and evenings when storms are predicted. This individual
shall ensure that no untreated storm water leaves the site consistent with the states and city's storm water regulations. This individual shall ensure compliance with the approved sequence of construction plan and the approved erosion control plan. The applicant shall grant this individual complete authority of the site as it relates to storm water and erosion control. Six, lighting. Exterior
lighting at the site shall be downward facing and shielded to minimize impacts on neighboring properties with a lighting plan for the site to be reviewed in further condition during the site plan review process. Exterior lighting at the site shall be shut off outside of operating hours except for lighting necessary for security and emergency access. Seven, landscaping. As
part of the formal site plan review, the applicant shall provide detailed landscaping plan showing additional landscaping to improve the cooling of the parking areas and the grass area at the site. Eight, gravel parking area. As part of formal site plan review, the applicant shall evaluate options for the gravel parking area near the main
entrance of the site. Nine, compliance with applicable laws. The applicant shall the applicant agrees to comply with all municipal, state, and federal rules, regulations, and ordinances as may be as may apply to the construction, maintenance, and operation of the use. and 10, recording of decision in accordance with the provisions of
Massachusetts general law, chapter 48, section 11, the applicant at its expense shall record this special permit in the Middle Sex South Registry of Deeds after the city clerk has certified that the 20-day period for appealing the special permit is elapsed with no appeal having been filed and before the applicant is applied to the building commissioner for a building permit. Upon recording, the applicant shall forthwidth provide a
copy of the recorded special permit to the city council office, the building department, and the city solicitor's office. Okay, councils, you heard the conditions. Is there any other discussion on the motion to approve the special permit from Malber Hospital? Seeing none, I will ask the clerk to
please read the role and affirmative vote is to approve the special permit. Council Ducat, yes. Council Oram, yes. Councelor Brown, yes. Councelor Oing, yes. Council Fill, yes. Council Roby is
abstaining. Councelor Naven, yes. Councelor Irish, yes. Councelor Presiato is absent and councelor Vital. Yes. Eight. Eight. Yay. One abstension, one absent. The motion to approve the special permit from Malboro Hospital is
approved by a vote of eight in favor, one absent, and one abstain. Congratulations, Council Nan. Thank you, Mr. President. Um before we depart for the evening, um not exactly breaking news, but it is hotter than Hades outside and they say it's going to
be even worse tomorrow. So, um anyone who is watching this tonight, I'd just like to remind people the city has opened a cooling center at the Mubar Public Library will be open from 9:00 a.m. to 8:00 p.m. Um heat is a little different. Most people look outside and they see it sunny and they're not really concerned. It's not like a hurricane,
but um do encourage all people to check on their neighbors or any um anyone with some health concerns that may be impacted. And with that, move to approve. Move to adjurnn. Motion's made. Second to adjurnn. All those in favor of adjourning opposed. We are adjourned at 8:45.
Thank you everyone. Have a wonderful evening. Stay cool.