City Council

CITY OF MARLBOROUGH OFFICE OF CITY CLERK Steven W. Kerrigan 140 Main St. Marlborough, MA 01752 (508) 460-3775 FAX (508) 460-3723 MAY 20, 2019 Regular meeting of the City Council held on Monday, May 20, 2019 at 8:00 PM in City Council Chambers, City Hall. City Councilors Present: Clancy, Juaire, Oram, Ossing, Robey, Delano, Doucette, Dumais, Tunnera, Irish and Landers. Meeting adjourned at 8:32 PM. ORDERED: That the Minutes of the City Council meeting, MAY 6, 2019 FILE; adopted. ORDERED: That the PUBLIC HEARING On the Petition from TC Systems, Inc., on behalf of AT&T, to install new underground conduits with cable on Forest Street from Pole #24 To Verizon MH #516 for a distance of 65’ within the Public Way, Order No. 19- 1007672, all were heard who wish to be heard, hearing closed at 8:03 PM; adopted. Councilors Present: Delano, Doucette, Dumais, Tunnera, Irish, Clancy, Landers, Juaire, Oram, Ossing & Robey. ORDERED: That the PUBLIC HEARING On the Proposed FY20 Budget Recommendation from Mayor Vigeant, in the amount of $169,023,174.00 which represents a 3.8 % increase over the FY19 appropriation, Order No. 19-1007668, all were heard who wish to be heard, hearing closed at 8:05 PM; adopted. Councilors Present: Delano, Doucette, Dumais, Tunnera, Irish, Clancy, Landers, Juaire, Oram, Ossing & Robey. City Council President Clancy introduced the new City Solicitor, Jason Grossfield. ORDERED: Whereas, Steven W. Kerrigan received eleven (11) votes for the position of City Clerk, and six (6) votes being necessary for election, Steven W. Kerrigan is ELECTED City Clerk of the City of Marlborough effective immediately for a three (3) year term to expire on May 20, 2022; adopted.  IN CITY COUNCIL 2 MAY 20, 2019 ORDERED: That the Transfer Request for the Department of Public Works in the amount of $1,325,300.00 which moves funds from Undesignated to Overtime-Snow & Ice, Snow Removal and Operating Expenses in the amounts of $280,300.00, $395,000.00 & $650,000.00 respectively to fund FY19 deficit, refer to FINANCE COMMITTEE; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: DPW FISCAL YEAR: 2019 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $6,919,461.00 $1,325,300.00 10000 35900 Undesignated Fund $280,300.00 14001203 51390 Overtime-Snow & Ice -$280,292.68 Reason: To fund the snow & ice deficit for FY19 $395,000.00 14001206 52960 Snow Removal -$392,271.23 Reason: $650,000.00 14001206 57040 Operating Expenses -$647,654.04 $1,325,300.00 Total $1,325,300.00 Total  IN CITY COUNCIL 3 MAY 20, 2019 ORDERED: That the Transfer Request in the amount of $388,000.00 which moves funds from Meals Tax Revenue Account to fund FY19 bond payments associated with Parks & Recreation improvements, refer to FINANCE COMMITTEE; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS - DEPT: Comptroller FISCAL YEAR: 2019 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $3,925,755.96 $388,000.00 27000 33086 Fund Bal-Parks & Fields Capital $388,000.00 19910009 49715 Transfer-Meal Local Option $0.00 Reason: Local options meals tax funding FY19 bond payments associated with parks & fields as per the recap $388,000.00 Total $388,000.00 Total  IN CITY COUNCIL 4 MAY 20, 2019 ORDERED: That the Transfer Request for the Department of Public Works in the amount of $58,000.00 which moves funds to and from various accounts within Public Works, to fund park maintenance, consultant fees and roof and masonry repairs at the DPW, refer to FINANCE COMMITTEE; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Department of Public Works/Public Facilities FISCAL YEAR: 19 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $23,343 $15,000.00 14001002 50062 Finance Asst. $23,000.00 14001506 54640 Park Maintenance $49 Reason: Excess due to step increases Byrne and Korean Veterans Field drainage, Irrigation at Women Veterans Park and Station 1 $45,142 $8,000.00 14001101 50710 Junior Civil Engineer Reason: Excess due to step increases $26,254 $11,000.00 60080001 50630 Asst. Comm. Utilities $15,000.00 60081004 53174 Contract Services $888 Reason: Excess due to vacancy Consultant fee for Assistant Commissioner duties $18,041 $4,000.00 60080001 50570 Chemist Reason: Excess due to maternity leave $34,649 $20,000.00 13032001 50292 Craftsman $20,000.00 11920006 53999 Other Services $14 Reason: Excess due to vacancy Roof and masonry repairs at DPW $58,000.00 Total $58,000.00 Total  IN CITY COUNCIL 5 MAY 20, 2019 ORDERED: That the Transfer Request for the Fire Department in the amount of $15,000.00 which moves funds from 2018 Multi-Purpose Bond to Fire Equipment to fund the purchase of a new command vehicle, refer to FINANCE COMMITTEE; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS - DEPT: Fire FISCAL YEAR: 2019 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $1,054,000.00 $15,000.00 17110006 59968 2018 Multi Purpose Bond $15,000.00 19300006 58512 Fire Dept Equipment $128,631.40 Reason: Excess due to favorable interest rates Replace vehicle totaled in accident $15,000.00 Total $15,000.00 Total  IN CITY COUNCIL 6 MAY 20, 2019 ORDERED: That the Transfer Request for the Human Resources Department in the amount of $16,900.00 from Reserved for Salaries to Sick Leave Buy Back and Human Resources Director to fund the retirement benefit for David Brumby who will be retiring effective July 1, 2019, refer to FINANCE COMMITTEE; adopted. FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $660,632.65 $16,900.00 11990006 57820 Reserve for Salaries $11,900.00 11520001 50530 HR Director $13,851.56 Reason: To fund sick leave buy back & vacation due to a retirement $5,000.00 11520003 51920 Sick Leave Buy Back $0.00 $16,900.00 Total $16,900.00 Total  IN CITY COUNCIL 7 MAY 20, 2019 ORDERED: That the Transfer Request in the amount of $4,500.00 which moves funds from Undesignated to Stabilization-Open Space from wireless antenna payments received in FY18, refer to FINANCE COMMITTEE; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS - DEPT: Mayor FISCAL YEAR: 2019 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $6,919,461.00 $4,500.00 10000 35900 Undesignated Fund $4,500.00 83600 32918 Stabilization-Open Space $522,426.13 Reason: To transfer annual wireless antennae payments received by the City in fiscal year 2018 to Open Space Stabilization $4,500.00 Total $4,500.00 Total ORDERED: That no more than seventy-five thousand dollars ($75,000.00) shall be expended from the Public Safety Revolving Fund during fiscal year 2020, unless otherwise authorized by City Council and Mayor, refer to FINANCE COMMITTEE; adopted. ORDERED: That no more than three hundred fifty thousand dollars ($350,000.00) shall be expended from the Parks and Recreation Revolving Fund during fiscal year 2020, unless otherwise authorized by City Council and Mayor, refer to FINANCE COMMITTEE; adopted. ORDERED: That no more than seventy thousand dollars ($70,000.00) shall be expended from the Council on Aging Revolving Fund during fiscal year 2020, unless otherwise authorized by City Council and Mayor, refer to FINANCE COMMITTEE; adopted. IN CITY COUNCIL 8 MAY 20, 2019 ORDERED: That the Communication from City Solicitor, Donald Rider, re: Proposed Zoning Amendment to Chapter 650 which will create the Executive Residential Overlay District in the Simarano Drive and Cedar Hill Road area, in proper legal form, MOVED TO ITEM 25; adopted. ORDERED: That the Communication from City Solicitor, Donald Rider, re: Proposed Conservation Restriction and Proposed Regulatory Agreement, Avalon Orchards, 91 Boston Post Road East, refer to LEGISLATIVE AND LEGAL AFFAIRS COMMITTEE; adopted. ORDERED: That the Communication from the Retirement Board re: Consideration of a cost of living increase (COLA) pursuant to MGL Chapter 32, §103(j), refer to FINANCE COMMITTEE; adopted. ORDERED: That the Communication from the Planning Board, re: Favorable Recommendation on the Proposed Zoning Map Amendment, relative to land off Williams Street identified as Map 113, Parcels 5 & 6, FILE; adopted. ORDERED: That there being no objection thereto set MONDAY JUNE 3, 2019 as the DATE FOR PUBLIC HEARING on the Petition from Massachusetts Electric and Verizon New England, to relocate Pole and anchor #6 to the opposite side of Boudreau Avenue to accommodate a city road widening project, refer to PUBLIC SERVICES COMMITTEE; adopted. ORDERED: That the Communication from Attorney Michael Dolan on behalf of New Cingular Wireless PCS, LLC (AT&T), re: Small Cell Antenna Petition, 28 Concord Road, REMOVED from the WIRELESS COMMUNICATIONS COMMITTEE and refer to PUBLIC SERVICES COMMITTEE; adopted. ORDERED: That the Communication from Attorney Brian Falk, on behalf of Vincenza Sambataro, re: Request to Extend Time Limitations on the Application for Special Permit to construct a Mixed-Use Development in the Marlborough Village District consisting of both residential and commercial space, 161-175 Main Street, until 10:00 PM on August 27, 2019, APPROVED; adopted. ORDERED: That the Communication from Attorney Brian Falk on behalf of Post Road Residential, LLC, re: Proposed Zoning Amendment relative to the Executive Residential Overlay District in the Simarano Drive and Cedar Hill Road area, MOVED TO ITEM 25; adopted. ORDERED: That the Communication from Hunter Bjorkman on behalf of ecoATM, re: Information on the Renewal of Junk Dealer/Second Hand Dealer License, 601 Donald J. Lynch Boulevard, and the Email from Police Chief Giorgi, re: Review of CORI and no objection on the renewal of Junk Dealer/Second Hand Dealer License, ecoATM, MOVED TO ITEM 23; adopted. ORDERED: That the Minutes, Council on Aging, March 12, 2019, FILE; adopted. ORDERED: That the Minutes, Planning Board, April 29, 2019, FILE; adopted. ORDERED: That the following CLAIMS, refer to the LEGAL DEPARTMENT; adopted. a) Lynn Formica, 110 Woerd Avenue, Waltham, pothole or other road defect. b) Kelsey Maley, 80 Newton Street, pothole or other road defect. IN CITY COUNCIL 9 MAY 20, 2019 Reports of Committees: Councilor Ossing reported the following out of the Finance Committee: Marlboro City Council Finance Committee Thursday May 9, 2019 In Council Chambers Finance Committee Members Present: Chairman Ossing; Councilors Robey, Oram, Irish and Dumais. Finance Committee Members Absent: None Other Councilors in Attendance: Councilor Clancy, Doucette, Juaire, Tunnera, and Landers. The meeting convened at 6:00 PM. 1. Order No. 19-1007668 – Mayor Fiscal Year 2020 Operating Budget for $169,023,174.00: The Finance Committee reviewed the Mayor’s letter dated May 2, 2019 requesting the approval of the Fiscal Year 2020 (FY20) operating budget for $169,023,174.00. Attachment 1 contains the projected tax implications based on the Mayor’s FY20 budget. The Mayor’s FY20 budget results in a less than 3% estimated increase in the property tax levy or an increase of approximately $156.87 to the average home. It should be noted that this is only an estimate based on the projections. Actual values will be finalized in December 2019. Attachment 2 contains the projections for the state and local revenues for FY20 that were used in developing the tax implications. For the FY20 budget, the City Council approved order 19-1007618 (April 8, 2019) for the abbreviated budget format that approves a salary amount and expenditure amounts for each departments budget. Councilor Oram Abstained from participation in the Parks and Recreation Department budget discussions as well as Early Childhood discussions. The Finance Committee voted 5 – 0 to approved a FY20 budget of $169,023,174.00. This represents a 3.8% increase from the FY19 budget or an increase of $6,189,707.00. The Finance Committee adjourned at 7:42 PM. Marlboro City Council Finance Committee Monday May 13, 2019 In Council Chambers Finance Committee Members Present: Chairman Ossing; Councilors Robey, Oram, Irish and Dumais. Finance Committee Members Absent: None Other Councilors in Attendance: Councilor Clancy. The meeting convened at 7:00 PM. IN CITY COUNCIL 10 MAY 20, 2019 Reports of Committee Continued: 1. Order No. 19-1007644 – Transfer $88,500.00 from the Reserve for Salaries Account to Fund the Police Patrol Officer Contract: The Finance Committee reviewed the Mayor’s letter dated April 24, 2019 requesting the transfer of $88,500.00 from the Reserve for Salaries account to fund the Police Patrol Officer Contract. The new contract covers FY19, 20 and 21. The Finance Committee voted 5 - 0 to approve the transfer request to fund the Police Patrol Officer contract for FY19. 2. Order No. 19-1007645 – Transfer $59,300.00 from the Reserve for Salaries Account to Fund the Police Command Officer Contract: The Finance Committee reviewed the Mayor’s letter dated April 24, 2019 requesting the transfer of $59,300.00 from the Reserve for Salaries account to fund the Police Command Officer Contract. The new contract covers FY19, 20 and 21. The Finance Committee voted 5 – 0 to approve the transfer request to fund the Police Command Officer contract for FY19. 3. Order No. 19-1007643 – Transfer $397,000.00 from Various DPW Accounts: The Finance Committee reviewed the Mayor’s letter dated April 25, 2019 requesting a transfer of $397,000.00 from surplus in various DPW accounts to fund ongoing projects, step increases and overtime. The Finance Committee voted 5 - 0 to approve the transfers. 4. Order No. 19-1007647 – Transfer $27,500.00 from Reserve for Salaries to DPW Sick Leave Buy Back: The Finance Committee reviewed the Mayor’s letter dated April 24, 2019 requesting the transfer of $27,500.00 from Reserve for Salaries to the DPW Sick Leave Buy back account to cover the retirement of a DPW employee. The Finance Committee voted 5 - 0 to approve the transfer. The Finance Committee agreed to support suspending the rules at the May 20, 2019 City Council meeting to approve all four transfer request orders. The Finance Committee adjourned at 7:27 PM. Councilor Juaire reported the following out of the Urban Affairs Committee: Meeting Name: City Council Urban Affairs Committee Date: May 9, 2019 Location: City Council Chamber, 2nd Floor, City Hall, 140 Main Street Convened: 5:19 PM – Adjourned: 5:43 PM Present: Chairman Juaire (Acting); Urban Affairs Committee Members Councilors Landers, Doucette, and Tunnera. Councilors Clancy and Robey Absent: Chairman Delano (recused) IN CITY COUNCIL 11 MAY 20, 2019 Reports of Committee Continued: Order No. 19-1007569: Proposed Zoning Map Amendment from Attorney Brian Falk on behalf of St. Mary's Credit Union, regarding Rezoning of land located on John Street. The Committee reviewed the petition on April 30th and May 9th with Attorney Brian Falk. Also, appearing on behalf of St. Mary’s Credit Union: Robert Michaud, P.E. and Daniel Dumais, P.E. of MDM Transportation Consultants, Inc.; Josh Swerling, P.E. and Randy Miron of Bohler Engineering; and Jim Petkewich, Senior Vice President, St. Mary’s Credit Union. The zoning petition seeks to rezone Parcels 112 and 113 on John Street from Residence C to Business. These parcels abut St. Mary’s existing branch location on South Bolton Street. The zoning will incorporate the two parcels into the St. Mary’s site to permit the construction of a new building, including a modern branch location with a coffee shop (Starbucks) and drive through facilities for each. The residential properties at 31 and 35 John Street will be torn down and replaced with the new building. Mr. Falk summarized the discussion from the previous meeting on the review of the concept plan, changes made in response to the public hearing, and an examination of their traffic analysis. Mr. Michaud reviewed updates to their traffic report regarding the intersection of John Street and Route 85 from a safety and design perspective. The crash data obtained from the Marlborough Police Department shows over an extended five-year period there was a total of nine crashes reported which is a crash rate (measures number of crashes against the total entering volume) of 0.23 crashes per million entering vehicles. Comparing that intersection to the State crash rate for like intersections, it is about one-third less than the State’s average and therefore classified as a low crash location. Representatives answered questions regarding the proposed location of the building and difficulties encountered due to required setbacks for a corner lot, 50’ on both front and side. Councilor Landers reported conversations he had with bank representatives that could possibly result in dedicated parking for the John Street playground. By email dated May 3, 2019, Police Chief Giorgi advised there have been few crashes at the intersection and the totals from the period of years 2016 – 2019 range between 2-6 total crashes for the intersection. By email dated May 9, 2019, City Solicitor Rider advised removing the language that extended the rezoning to the centerline of John Street, pointing out that zoning does not extend into the public way even though the GIS indicates it does. IN CITY COUNCIL 12 MAY 20, 2019 Reports of Committee Continued: By letter dated April 30, 2019, the Planning Board voted to send a generally favorable recommendation with the following comments: • Reposition of property dumpsters to reduce potential impact on abutting neighbors; • Reposition the proposed structure(s) closer to the Maple Street Business District to lessen impact on surrounding residential neighborhood; • Analyze traffic impacts to ensure safety at the John Street park and consider mitigating designs to facilitate left hand turns at the John Street and South Bolton Street intersection. Motion by Councilor Landers, seconded by Chair, to approve the rezoning of Map 82, Parcels 112 and 113 on John Street from Residence C to Business, as amended per Solicitor. Motion carried 4-0. Motion made and seconded to adjourn. Motion carried 4-0. Meeting adjourned at 5:43 PM.  IN CITY COUNCIL 13 MAY 20, 2019 Suspension of the Rules requested – granted. ORDERED: That the FY20 Budget in the amount of $ 169,023,174.00 in which this spending plan reflects an increase of 3.8% over the approved Fiscal Year 2019 Budget, APPROVED; adopted. Suspension of the Rules requested – granted. ORDERED: That the Transfer Request for the Police Department in the amount of $88,500.00 which moves funds from Reserved for Salaries to various accounts within the Police Department to fund the recently ratified 3-year contract with the Police Patrol Officers Association (MPPOA) through FY2021, APPROVED; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Comptroller FISCAL YEAR: 2019 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $660,632.65 $88,500.00 11990006 57820 Reserve for Salaries $63,000.00 12100001 50420 Police Officers $753,091.08 Reason: Budgeted for contracts Reason: Contract $0.00 $4,000.00 12100003 51360 Overtime - Training $8,905.21 Reason: Reason: Contract $0.00 $2,000.00 12100003 51310 Overtime - Regular $57,318.52 Reason: Reason: Contract $0.00 $6,000.00 12100003 51320 Overtime - Court $50,896.31 Reason: Reason: Contract $0.00 $3,000.00 12100003 51319 Overtime - Cell watch $1,259.66 Reason: Reason: Contract IN CITY COUNCIL 14 MAY 20, 2019 CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Comptroller FISCAL YEAR: 2019 FROM ACCOUNT: TO ACCOUNT: $0.00 $500.00 12100003 51329 On-Call Pay $3,279.74 Reason: Reason: Contract $0.00 $500.00 12100003 51920 Sick Leaave Buy Back $7,314.95 Reason: Reason: Contract $0.00 $1,000.00 12100003 51490 Holiday $67,566.67 Reason: Reason: Contract $0.00 $4,000.00 12100003 51450 Night Shift Differential $28,114.55 Reason: Reason: Contract $0.00 $2,000.00 12100003 51440 Education Incentive $108,743.22 Reason: Reason: Contract $0.00 $1,500.00 12100003 51410 First Responder $13,888.89 Reason: Reason: Contract $0.00 $1,000.00 12100001 50435 Police Specialists $10,801.88 Reason: Reason: Contract $88,500.00 Total $88,500.00 Total  IN CITY COUNCIL 15 MAY 20, 2019 Suspension of the Rules requested – granted. ORDERED: That the Transfer Request for the Police Department in the amount of $59,300.00 which moves funds from Reserved for Salaries to various accounts within the Police Department to fund the recently ratified 3-year contract with the Police Command Officers Association (MPCOA) through FY2021, APPROVED; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Comptroller FISCAL YEAR: 2019 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $660,632.65 $59,300.00 11990006 57820 Reserve for Salaries $34,000.00 12100001 50500 Police Captains $36,368.77 Reason: Budgeted for contracts Reason: Contract $0.00 $8,500.00 12100003 51440 Educational Incentive $108,743.22 Reason: Reason: Contract $0.00 $500.00 12100001 50510 Police Lieutenants $63,584.51 Reason: Reason: Contract $0.00 $500.00 12100001 50820 Sergeants $128,608.15 Reason: Reason: Contract $0.00 $4,500.00 12100003 51920 Sick Leave Buy Back $7,314.95 Reason: Reason: Contract IN CITY COUNCIL 16 MAY 20, 2019 CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Comptroller FISCAL YEAR: 2019 FROM ACCOUNT: TO ACCOUNT: $0.00 $200.00 12100003 51360 Overtime - Training $8,905.21 Reason: Reason: Contract $0.00 $5,500.00 12100003 51310 Overtime - Regular $57,318.52 Reason: Reason: Contract $0.00 $700.00 12100003 51320 Overtime - Court Time $50,896.31 Reason: Reason: Contract $0.00 $100.00 12100003 51319 Overtime - Cell Watch $1,259.66 Reason: Reason: Contract $0.00 $2,200.00 12100003 51490 Holiday $67,566.67 Reason: Reason: Contract $0.00 $1,800.00 12100003 51342 Longevity $30,726.90 Reason: Reason: Contract $0.00 $700.00 12100003 51450 Night Shift Differential $28,114.55 Reason: Reason: Contract $0.00 $100.00 12100003 51410 First Responder $13,888.89 $59,300.00 Total $59,300.00 Total  IN CITY COUNCIL 17 MAY 20, 2019 Suspension of the Rules requested – granted. ORDERED: That the Transfer Request for the Department of Public Works in the amount of $397,000.00 which moves funds from and to various accounts within Public Works to fund ongoing projects, step increases and overtime, APPROVED; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Department of Public Works/Public Facilities FISCAL YEAR: 2019 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $295,449 $59,300.00 61090001 50740 Equipment Operator $2,300.00 60085001 50850 Treat. Plant Op. $45,868 Reason: Excess due to vacancy Due to step increase $7,000.00 60085001 50910 Chief Treat. Plant Op. $8,686 Reason: Due to step increase $3,000.00 60085003 51310 Overtime $0 Reason: Due to increased flow $40,000.00 60085006 55980 West Waste Water Tr. $29,782 Reason: Due to new permit from DEP / increased flow $7,000.00 14001303 51310 Overtime $3,112 Reason: Due to vacancy $59,300.00 Total $59,300.00 Total  IN CITY COUNCIL 18 MAY 20, 2019 CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Department of Public Works/Public Facilities FISCAL YEAR: 2019 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $295,449 $35,000.00 61090001 50740 Equipment Operator $50,000.00 60081006 55950 East Waste Water Tr. $9,522 Reason: Excess due to vacancy Due to new permit from DEP / increased flow $78,150 $15,000.00 60081001 50850 Treatment Plant Op. Reason: Excess due to vacancy $41,747 $17,700.00 13032001 50690 Foreman $15,000.00 11920003 51300 Additional Gross-OT $0 Reason: Excess due to vacancy Due to vacancies $2,700.00 14001403 51470 Interim Foreman $0 Reason: Due to medical leave $295,449 $45,000.00 61090001 50740 Equipment Operator $105,000.00 61090006 55710 Water Maintenance $37,899 Reason: Excess due to vacancy Ongoing projects $101,211 $60,000.00 61090001 50690 Foreman Reason: Excess due to vacancy $172,700.00 Total $172,700.00 Total  IN CITY COUNCIL 19 MAY 20, 2019 CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Department of Public Works/Public Facilities FISCAL YEAR: 2019 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $41,747 $24,000.00 13032001 50690 Foreman $75,000.00 11920006 53999 Other Services $0 Reason: Excess due to vacancy Ongoing projects $40,079 $20,000.00 13032001 50386 HVAC Reason: Excess due to vacancy $43,082 $16,000.00 13032001 50385 Electrician Reason: Excess due to medical leave $26,564 $15,000.00 60080001 50630 Asst. Comm. Utilities Reason: Excess due to vacancy $221,032 $50,000.00 14001503 50740 Equipment Operator $90,000.00 14001504 53140 Contract Services $473 Reason: Excess due to vacancy Ongoing projects $295,449 $40,000.00 61090001 50740 Equipment Operator Reason: Excess due to vacancy $165,000.00 Total $165,000.00 Total  IN CITY COUNCIL 20 MAY 20, 2019 Suspension of the Rules requested – granted. ORDERED: That the Transfer Request for the Department of Public Works in the amount of $27,250.00 which moves funds from Reserved for Salaries to Sick Leave Buy Back to fund the retirement benefit of a recently retired member of DPW, APPROVED; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: DPW FISCAL YEAR: 2019 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $660,632.65 $27,250.00 11990006 57820 Reserve for Salaries $27,250.00 14001503 51920 DPW-Sick Leave Buy Back $3.08 Reason: To fund sick leave buy back due to a retirement $27,250.00 Total $27,250.00 Total ORDERED: That the Communication from Hunter Bjorkman on behalf of ecoATM, re: Information on the Renewal of Junk Dealer/Second Hand Dealer License, 601 Donald J. Lynch Boulevard, and the Email from Police Chief Giorgi, re: Review of CORI and no objection on the renewal of Junk Dealer/Second Hand Dealer License, ecoATM, FILE; adopted. ORDERED: That the Application for Renewal of Junk Dealer’s/Second Hand Dealer’s License, ecoATM, LLC, 601 Donald J. Lynch Boulevard, APPROVED; adopted. ORDERED: That the Application for Renewal of Junk Dealers/Second Hand License, TVI, Inc. d/b/a Savers, 222A East Main Street, be and is herewith APPROVED WITH THE FOLLOWING CONDITIONS AND WAIVERS; adopted. Conditions 1. The license shall not be transferred without prior review and approval of the City Council. 2. The license hereby granted is issued to TVI, Inc. d/b/a Savers only and is applicable only to the 222A East Main Street location. 3. There will be no exterior storage, display or sales of merchandise, other than a recycle trailer, a cloth delivery trailer with items waiting to be processed, and a local trailer from one of Savers' charitable partners delivering merchandise to the store. No more than three such trailers and trucks shall be parked at the loading dock area in the rear of the building at any one time, and no such trailers or trucks shall be parked on any other side of the building at any time. IN CITY COUNCIL 21 MAY 20, 2019 4. Donations shall take place only during the hours of operation which shall be 9:00 A.M to 9:30 P.M. Monday through Saturday and 10:00 A.M. to 7:00 P.M. on Sundays, and during the month of October from 9:00 A.M. to 10:00 P.M. Monday through Saturday and 10:00 A.M. to 10:00 P.M. on Sundays. 5. No Savers' donation boxes shall be permitted outside of the building. 6. No scrolling or rotating message signs shall be permitted as part of Savers' signage plans. 7. Glue boards shall be installed at locations within the business premises satisfactory to the Marlborough Board of Health and Savers, and a monthly monitoring program shall be implemented consisting of a log book for said glue boards satisfactory to the Board of Health. 8. This license shall be subject to revocation or suspension for noncompliance of the above conditions or other applicable local ordinances or state laws. 9. The waivers granted as part of this license shall no longer be applicable should Savers commence paying the general public for merchandise delivered without first obtaining the review and approval of the City Council. Waivers 1. The waiver of Section 377-4 of the Ordinance as requested by Savers is not granted because Section 377-4 is not applicable to Savers' operations. 2. The waiver of Section 377-5 of the Ordinance is granted with respect to the last sentence thereof requiring the City Clerk to keep a list of persons employed by Savers. All other provisions of Section 377-5, other than the duty of the City Clerk to keep a record of the name and residence of each dealer, are not applicable to Savers. 3. The provisions of Sections 377-6, 377-7 and 377-9 of the Ordinance are waived in their entirety ORDERED: That the Communication from City Solicitor, Donald Rider, re: Proposed Zoning Amendment to Chapter 650 which will create the Executive Residential Overlay District in the Simarano Drive and Cedar Hill Road area, in proper legal form, FILE; adopted. ORDERED: That the Communication from Attorney Brian Falk on behalf of Post Road Residential, LLC, re: Proposed Zoning Amendment relative to the Executive Residential Overlay District in the Simarano Drive and Cedar Hill Road area, FILE; adopted. ORDERED: That the Proposed Zoning Amendment, to add to Chapter 650 a new section §36, which will create an Executive Residential Overlay District (EROD) in the Simarano Drive and Cedar Hill Road Area as amended by the Urban Affairs Committee, and placed in proper form by the Legal Department, refer back to URBAN AFFAIRS COMMITTEE; adopted. ORDERED: There being no further business, the regular meeting of the City Council is herewith adjourned at 8:32 PM; adopted.