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City Council

Regular Meeting

Marlborough, MA · February 10, 2020

AgendaMinutes

Minutes

CITY OF MARLBOROUGH OFFICE OF CITY CLERK Steven W. Kerrigan 140 Main St. Marlborough, MA 01752 (508) 460-3775 FAX (508) 460-3723 FEBRUARY 10, 2020 Regular meeting of the City Council held on Monday, January 27, 2020 at 8:00 PM in City Council Chambers, City Hall. City Councilors Present: Ossing, Oram, Perlman, Robey, Wagner, Doucette, Dumais, Tunnera, Irish, Navin and Landers. Meeting adjourned at 8:30 PM. ORDERED: That the Minutes of the City Council meeting, January 27, 2020, FILE; adopted. ORDERED: That the Transfer Request in the amount of $1,331,902.00 from Undesignated Fund (Free Cash) to Undesignated Stabilization pursuant to the financial policies of the City of Marlborough, refer to FINANCE COMMITTEE; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Mayor FISCAL YEAR: 2020 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $13,169,020.00 $1,331,902.00 10000 35900 Undesignated Fund $1,331,902.00 83600 32925 Undesignated Stabilization $13,942,532.76 Reason: To increase undesignated stabilization funds $1,331,902.00 Total $1,331,902.00 Total IN CITY COUNCIL 2 FEBRUARY 10, 2020 ORDERED: That the Transfer Request in the amount of $1,331,902.00 from Undesignated Fund (Free Cash) to OPEB Trust pursuant to the financial policies of the City of Marlborough, refer to FINANCE COMMITTEE; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Mayor FISCAL YEAR: 2020 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $13,169,020.00 $1,331,902.00 10000 35900 Undesignated Fund $1,331,902.00 87500 35900 OPEB Trust $10,373,553.72 Reason: Transfer funds to OPEB trust $1,331,902.00 Total $1,331,902.00 Total IN CITY COUNCIL 3 FEBRUARY 10, 2020 ORDERED: That the Transfer Requests in the amount of $838,902.00 from various departments for FY 20, which moves funds from and to accounts as noted in the attached spreadsheets, refer to FINANCE COMMITTEE; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Various FISCAL YEAR: 2020 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $667,126.75 $77,350.00 11990006 57820 Reserve for Salaries $7,850.00 11210001 50321 Exec Aide to Mayor $19,889.39 Reason: Reason: Funds needed through June 30th $0.00 $11,000.00 11210003 51250 Summer Employment $744.80 Reason: Reason: Funds needed through June 30th $0.00 $500.00 11110002 50401 Council P/T Sr Clerk $9,726.67 Reason: Reason: Funds needed through June 30th $0.00 $44,500.00 12410001 50260 Local Inspector $46,402.57 Reason: Reason: To fund one local inspector not in original budget $0.00 $12,100.00 12410001 50370 Plumbing Inspector $27,903.94 Reason: Reason: To fund vacation payout due to retirement $0.00 $1,400.00 12410003 51920 Bldg-Sick Leave Buy Back $5.68 Reason: Reason: To fund sick leave buy back due to retirement $1,080,000.00 $67,600.00 13860006 59254 Interest on BAN $5,600.00 11940006 51770 Retirement Fund $6.00 Reason: Actual interest rate came in lower than budgeted amount Reason: Supplemental appropriation for military service $0.00 $50,000.00 11930006 57410 Property Liability Insurance $5,725.00 Reason: Reason: Additional insurance costs not budgeted $0.00 $12,000.00 15430006 57710 Veterans Benefits $71,699.23 Reason: Reason: Monthly benefits running higher than expected $144,950.00 Total $144,950.00 Total IN CITY COUNCIL 4 FEBRUARY 10, 2020 CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Building FISCAL YEAR: 2020 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $10,000.00 $4,800.00 12410004 53140 Contract Services $800.00 12410001 50095 Asst Bldg Commissioner $31,253.92 Reason: Available funds Step increase not included in original budget $2,000.00 12410001 50970 Asst Wiring Inspector $1,725.00 Reason: Expected funds needed through June 30th $2,000.00 12410001 50960 Asst Plumbing Inspector $2,100.00 Reason: Expected funds needed through June 30th $4,800.00 Total $4,800.00 Total IN CITY COUNCIL 5 FEBRUARY 10, 2020 CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: City Clerk/Election FISCAL YEAR: 2020 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $30,388.53 $2,800.00 11610002 50290 Assistant City Clerk $5,300.00 11610004 53150 Advertising $1,621.11 Reason: Surplus in account Reason: Additional Funds for remainder of FY20 $22,771.81 $2,500.00 11610002 50770 Senior Clerk Reason: Surplus in account Reason: $40,676.41 $6,000.00 11620002 50520 Principal Clerk $7,500.00 11620004 53932 Election Programming $30.20 Reason: Surplus in account Reason: Programming for Presidential Primary/Early Voting $1,910.00 $1,500.00 11620003 51920 Sick Leave Buy Back Reason: Surplus in account Reason: $12,800.00 Total $12,800.00 Total IN CITY COUNCIL 6 FEBRUARY 10, 2020 CITY OF MARLBOROUGH BUDGET TRANSFERS - DEPT: HEALTH DEPARTMENT FISCAL YEAR: 2020 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $53,455.00 $15,701.00 15120001 50611 Assistant Sanitarian Salary $15,701.00 15120004 53140 Contract Services $8,368.00 Reason: Needed to fund our food inspection program contracted services that has and will be used more this year due to staffing vacancies. $15,701.00 Total $15,701.00 Total $8,368.00 IN CITY COUNCIL 7 FEBRUARY 10, 2020 CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: POLICE FY: 2020 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $667,126.75 $93,550.00 11990006 57820 Reserve for Salaries $11,550.00 12100001 # 50500 Police Captains $78,871.88 Reason: Contractual % increase not included in FY20 budget Contractual % increase to contract $27,000.00 12100001 50510 Police Lieutenants $180,203.79 Reason: Contractual % increase to contract $55,000.00 12100001 50820 Police Sergeants $319,162.72 Reason: Contractual % increase to contract $65,880.73 $10,000.00 12100003 51450 Night Shift Differential $10,000.00 12100005 54220 Office Supplies $9,951.99 Reason: Surplus due to open officer positions Deficit due to increase in classes & Kennel transfers $56,727.36 $11,500.00 12100003 51342 Longevity $8,000.00 12100006 52560 Vehicle Repair & Maintenance $6,456.36 Reason: Surplus due to open officer positions Deficit due to higher increased number of cruisers, needed repairs, maintenanc $3,500.00 12100006 51975 Initial Equipment $7,787.10 Deficit due to candidates academy attendance in May 2020 $115,050.00 Total $115,050.00 Total IN CITY COUNCIL 8 FEBRUARY 10, 2020 CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Department of Public Works/Public Facilities FISCAL YEAR: 2020 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $393,893 $250,000.00 60086006 52935 Solid Waste Disposal $50,000.00 60080004 53110 Legal Services $0.00 Reason: Excess due to end of WeCare Contract Northborough and closeout of WeCare $200,000.00 14003006 52920 Rubbish Collection $112,000.00 Reason: Transfer three months of municipal solid waste $60,500 $60,500.00 14003006 53142 Protection Services $60,500.00 61090003 51240 Temporary Part-Time $1,674.00 Reason: Excess due to cancelled contract Due to Resident Drop-Off employees $66,750 $37,000.00 13032001 50690 Foreman $37,000.00 11920001 50292 Building Maint. Craftsman $26,620.00 Reason: Excess due to vacancy Due to temporary position $667,127 $76,947.00 11990006 57820 Reserve for Salaries $33,437.00 60081001 50910 Head Trmt Plant Op. $34,810.00 Reason: Salary reserve Due to Retirement - Superannuation $43,510.00 14001303 50740 Equipment Operators $389,881.00 Reason: Due to Retirement - Superannuation $424,447.00 Total $424,447.00 Total IN CITY COUNCIL 9 FEBRUARY 10, 2020 CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Department of Public Works/Public Facilities FISCAL YEAR: 2020 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $667,127 $31,336.00 11990006 57820 Reserve for Salaries $3,550.00 14001101 50108 GIS Administrator $29,283.00 Reason: Salary reserve Due to new Engineering CBA $8,450.00 14001101 50660 Assistant City Engineer $69,621.00 Reason: Due to new Engineering CBA $5,150.00 14001101 50700 Senior Engineering Aide $20,085.00 Reason: Due to new Engineering CBA $12,500.00 14001101 50710 Junior Civil Engineer $128,905.00 Reason: Due to new Engineering CBA $460.00 14001103 51430 Longevity $0.00 Reason: Due to new Engineering CBA $1,226.00 14001103 51920 Sick Leave Buyback $0.00 Reason: Due to new Engineering CBA $31,336.00 Total $31,336.00 Total IN CITY COUNCIL 10 FEBRUARY 10, 2020 CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Department of Public Works/Public Facilities FISCAL YEAR: 2020 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $667,127 $6,656.00 11990006 57820 Reserve for Salaries $1,600.00 14001103 51940 Clothing Allowance $346.00 Reason: Salary reserve Due to new Engineering CBA $4,250.00 14001301 50660 General Foreman $34,913.00 Reason: Due to new Engineering CBA $135.00 14001303 51430 Longevity $459.00 Reason: Due to new Engineering CBA $310.00 14001303 51470 Interim Foreman $10,035.00 Reason: Due to new Engineering CBA $161.00 14001303 51920 Sick Leave Buyback $2,287.00 Reason: Due to new Engineering CBA $200.00 14001303 51940 Clothing Allowance $250.00 Reason: Due to new Engineering CBA $6,656.00 Total $6,656.00 Total IN CITY COUNCIL 11 FEBRUARY 10, 2020 CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Department of Public Works/Public Facilities FISCAL YEAR: 2020 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $667,127 $5,325.00 11990006 57820 Reserve for Salaries $4,250.00 14001401 50692 Supt. Auto Maintenance $34,808.00 Reason: Salary reserve Due to new Engineering CBA $230.00 14001403 51430 Longevity $0.00 Reason: Due to new Engineering CBA $230.00 14001403 51440 Education Incentive $0.00 Reason: Due to new Engineering CBA $245.00 14001403 51470 Interim Foreman $276.00 Reason: Due to new Engineering CBA $170.00 14001403 51920 Sick Leave Buyback $1,988.00 Reason: Due to new Engineering CBA $200.00 14001403 51940 Clothing Allowance $0.00 Reason: Due to new Engineering CBA $5,325.00 Total $5,325.00 Total IN CITY COUNCIL 12 FEBRUARY 10, 2020 CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Department of Public Works/Public Facilities FISCAL YEAR: 2020 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $667,127 $5,230.00 11990006 57820 Reserve for Salaries $4,250.00 14001501 50680 General Foreman $34,810.00 Reason: Salary reserve Due to new Engineering CBA $230.00 14001503 51430 Longevity $1,643.00 Reason: Due to new Engineering CBA $75.00 14001503 51440 Education $8,065.00 Reason: Due to new Engineering CBA $300.00 14001503 51470 Interim Foreman $609.00 Reason: Due to new Engineering CBA $175.00 14001503 51920 Sick Leave Buyback $3,841.00 Reason: Due to new Engineering CBA $200.00 14001503 51940 Clothing Allowance $0.00 Reason: Due to new Engineering CBA $5,230.00 Total $5,230.00 Total IN CITY COUNCIL 13 FEBRUARY 10, 2020 CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Department of Public Works/Public Facilities FISCAL YEAR: 2020 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $667,127 $7,734.00 11990006 57820 Reserve for Salaries $4,500.00 60080001 50570 Chemist $29,658.00 Reason: Salary reserve Due to new Engineering CBA $2,650.00 60080001 50580 Assistant Chemist $21,560.00 Reason: Due to new Engineering CBA $100.00 60080003 51430 Longevity $0.00 Reason: Due to new Engineering CBA $84.00 60080003 51470 Interim Foreman $348.00 Reason: Due to new Engineering CBA $400.00 60080003 51940 Clothing Allowance $0.00 Reason: Due to new Engineering CBA $7,734.00 Total $7,734.00 Total IN CITY COUNCIL 14 FEBRUARY 10, 2020 CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Department of Public Works/Public Facilities FISCAL YEAR: 2020 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $667,127 $31,563.00 11990006 57820 Reserve for Salaries $21,450.00 60081001 50850 Sewage Trmt Plant Op $150,046.00 Reason: Salary reserve Due to new Engineering CBA $7,300.00 60081001 50910 Chief Trmt Plant Op $34,810.00 Reason: Due to new Engineering CBA $900.00 60081003 51430 Longevity $0.00 Reason: Due to new Engineering CBA $98.00 60081003 51470 Interim Foreman $2,845.00 Reason: Due to new Engineering CBA $615.00 60081003 51920 Sick Leave Buyback $0.00 Reason: Due to new Engineering CBA $1,200.00 60081003 51940 Clothing Allowance $0.00 Reason: Due to new Engineering CBA $31,563.00 Total $31,563.00 Total IN CITY COUNCIL 15 FEBRUARY 10, 2020 CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Department of Public Works/Public Facilities FISCAL YEAR: 2020 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $667,127 $28,115.00 11990006 57820 Reserve for Salaries $19,000.00 60085001 50850 Sewage Trmt Plant Op $99,698.00 Reason: Salary reserve Due to new Engineering CBA $7,300.00 60085001 50910 Chief Trmt Plant Op $36,246.00 Reason: Due to new Engineering CBA $350.00 60085003 51430 Longevity $0.00 Reason: Due to new Engineering CBA $45.00 60085003 51470 Interim Foreman $1,183.00 Reason: Due to new Engineering CBA $420.00 60085003 51920 Sick Leave Buyback $0.00 Reason: Due to new Engineering CBA $1,000.00 60085003 51940 Clothing Allowance $0.00 Reason: Due to new Engineering CBA $28,115.00 Total $28,115.00 Total IN CITY COUNCIL 16 FEBRUARY 10, 2020 CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Department of Public Works/Public Facilities FISCAL YEAR: 2020 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $667,127 $5,195.00 11990006 57820 Reserve for Salaries $4,350.00 61090001 50680 General Foreman $34,888.00 Reason: Salary reserve Due to new Engineering CBA $75.00 61090003 51440 Education Incentives $0.00 Reason: Due to new Engineering CBA $570.00 61090003 51470 Interim Foreman $2,955.00 Reason: Due to new Engineering CBA $200.00 61090003 51940 Clothing Allowance $200.00 Reason: Due to new Engineering CBA $5,195.00 Total $5,195.00 Total IN CITY COUNCIL 17 FEBRUARY 10, 2020 ORDERED: That the Proposed Salary Ordinance as offered by the Mayor relative to Chapter 125 §6 of the Code of the City of Marlborough, refer to FINANCE COMMITTEE; adopted. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARLBOROUGH THAT THE CITY CODE OF THE CITY OF MARLBOROUGH, AS AMENDED, BE FURTHER AMENDED BY AMENDING CHAPTER 125, ENTITLED “PERSONNEL,” AS FOLLOWS: I. By adding to the salary schedule referenced in Section 125-6, the following: Effective Position Date Minimum Step 1 Step 2 Maximum Upon Social Service Coordinator Passage $15.4903 $16.1094 $16.7540 $17.6143 Position Rate $150 Per Planning Board Meeting Planning Board Member Attended Zoning Board of Appeals Member $150 Per Zoning Board of Appeals (including associate member) Meeting Attended Detention Assistant Not to Exceed $18.00 Per Hour Parking Enforcement Officer Not to Exceed $18.00 Per Hour Mail Clerk Not to Exceed $18.00 Per Hour Crossing Guard Not to Exceed $18.00 Per Hour II. By deleting from the salary schedule referenced in Section 125-6: any reference to salary rate for the following positions: Planning Board Member, Zoning Board of Appeals Member (including associate member), Detention Assistant, Parking Enforcement Officer, Mail Clerk and Crossing Guard. ORDERED: That the Reappointments to the Community Development Authority Board (CDA) of Stephanie Ferrecchia and David Morticelli for three-year terms to expire from date of confirmation, Paul Sliney for a two-year term to expire from date of confirmation and Renee Perdicaro for a one-year term to expire from date of confirmation, refer to PERSONNEL COMMITTEE; adopted. ORDERED: That the Communication from City Clerk, Steven Kerrigan, re: Presidential Primary Election Call, FILE; adopted. ORDERED: That the Communication from City Clerk, Steven Kerrigan, re: Early Voting for Presidential Primary, FILE; adopted. ORDERED: That there being no objection thereto set MONDAY FEBRUARY 24, 2020 as the DATE FOR PUBLIC HEARING on the Petition from Massachusetts Electric, to install a new pole and anchor #79-84 on Berlin Road which will enable National Grid to remove the pole to tree guy wire, refer to PUBLIC SERVICES COMMITTEE; adopted. ORDERED: That the Communication from Chris White re: Yearly Operational Plan and Vegetation Management Plan, FILE; adopted. IN CITY COUNCIL 18 FEBRUARY 10, 2020 ORDERED: That the Minutes of following Boards, Commissions and Committees, FILE; adopted. a) School Committee, January 6, 2020 & January 14, 2020. b) Library Trustees, December 3, 2019. c) Planning Board, January 13, 2020. d) Retirement Board, December 31, 2019. e) Traffic Commission, November 27, 2019. ORDERED: That the following CLAIMS, refer to the LEGAL DEPARTMENT; adopted. a) Joseph Mikula, 211 West Hill Road, residential mailbox claim (2a). Reports of Committees: Councilor Landers reported the following out of the Public Services Committee: Marlborough City Council Public Services Committee Monday, February 3, 2020 In City Council Chambers, 2nd Floor, City Hall, 140 Main Street Members Present: Chairman Landers, Councilors Irish and Perlman Other Councilors: Councilors Doucette, Navin, Ossing, and Robey Also Present: City Engineer DiPersio; Albert Galvin, National Grid Design Engineer The meeting convened at 7:00 PM. 1. Order No. 19-1007863 – Petition from Massachusetts Electric, to install new underground equipment to feed street lights 52 through 57 from existing street light #24 on Donald J. Lynch Boulevard. Albert Galvin, Design Engineer with National Grid, and Thomas DiPersio, City of Marlborough, City Engineer, appeared before the Public Services Committee to review the petition. Mr. DiPersio’s comments per an email dated Friday, January 31, 2020 were as follows, “This new street lighting project is proposed at the City’s request, as part of our ongoing reconstruction project along Donald Lynch Boulevard. In order to coordinate with construction activities by our contractor, some infrastructure, including the conduits at the roadway crossings, was installed at the end of the construction season in 2019. With the Council’s approval the lighting and the electrical connections can be installed in the spring.” Motion by Councilor Irish, seconded by Chair, to approve the Petition, as requested. Vote 3-0. Recommendation of the Public Services Committee is to approve the Petition as requested. 2. Order No. 19-1007877 – Petition from Massachusetts Electric, to install a new pole and anchor #30-84 on Bigelow Street which will enable National Grid to remove the pole to tree guy wire. Albert Galvin, Design Engineer with National Grid, and Thomas DiPersio, City of Marlborough, City Engineer, appeared before the Public Services Committee to review the petition. Mr. DiPersio had no issues or comments on the petition. Motion by Councilor Irish, seconded by Chair, to approve the Petition, as requested. Vote 3-0. Recommendation of the Public Services Committee is to approve the Petition as requested. The meeting adjourned at 7:11 PM. IN CITY COUNCIL 19 FEBRUARY 10, 2020 Reports of Committee Continued: Councilor Irish reported the following out of the Finance Committee: Marlborough City Council Finance Committee Monday, February 3, 2020 In City Council Chambers, 2nd Floor, City Hall, 140 Main Street Members Present: Chairman Irish, Councilors Dumais, Oram, Tunnera, and Perlman Other Councilors: Councilors Doucette, Landers, Navin, Ossing, Robey, and Wagner (arrived 7:20 PM) Also Present: Mayor Vigeant, City Engineer DiPersio, City Auditor Smith; Library Director Cardello and Library Building Committee members and representatives Meeting convened at 7:15 PM. 1. Order No. 19-1007838 -New Library Update: Communication from the Mayor dated October 24, 2019 requesting that representatives of the Marlborough Public Library Building Committee provide an update to the City Council. Representatives of the Building Committee provided a thorough update including a slide presentation. Motion by Councilor Tunnera, seconded by Chair, to accept and file. Vote 5-0 Recommendation of the Finance Committee is to accept and file. 2. Order No. 20-1007916 -Transfer of $3,029,000.00 for Hudson Street Landfill Redevelopment: The Finance Committee reviewed the Mayor’s letter dated January 23, 2020 requesting the transfer of $3,029,000.00 from the Undesignated Fund account for the design and construction of the DEP corrective actions to prepare a portion of the Hudson Street Landfill for active reuse. Motion by Councilor Tunnera, seconded by Councilor Dumais, to approve the Transfer. Vote 3-2 (Oram and Perlman opposed). Recommendation of the Finance Committee is to approve the Transfer as requested by the Mayor. 3. Order No. 20-1007917 -Transfer of $400,000.00 from Open Space Stabilization Account for acquisition of 45-47 and 55 Bolton Street, Assessors Map 57-104 and Map 70-296: The Finance Committee reviewed the Mayor’s letter dated January 23, 2020 requesting approval of an Order to purchase two parcels on Bolton Street, including a transfer of $400,000.00 from the Open Space Stabilization account to fund the purchase of these parcels within a short distance to the existing DEC building. The District Education Center currently does not have sufficient parking to meet present or future demands. The acquisition of these parcels across Bolton Street will also provide an additional municipal parking lot. Motion by Councilor Oram, seconded by Councilor Perlman, to approve the transfer. Vote 4-0 (Dumais recused) Recommendation of the Finance Committee is to approve the Transfer as requested by the Mayor. • Chairman Irish will request a suspension of the rules at the February 10, 2020 City Council meeting to vote on the transfer. Meeting adjourned at 8:58 PM. IN CITY COUNCIL 20 FEBRUARY 10, 2020 Reports of Committee Continued: Councilor Dumais reported the following out of the Personnel Committee: Marlborough City Council Personnel Committee Monday, February 3, 2020 In City Council Chambers, 2nd Floor, City Hall, 140 Main Street Members Present: Chairman Dumais, Councilors Doucette and Landers Other Councilors: Councilors Irish, Navin, Ossing, Perlman (arrived 6:50 PM) and Robey The meeting convened at 6:30 PM. 3. Order No. 20-1007919 – The reappointment of Diane Smith as City Auditor for a three- year term from date of confirmation. Diane Smith has worked for the City of Marlborough for the past eighteen years and as City Auditor for the past twelve years. Ms. Smith explained the staffing levels of the Auditor’s Office and the tasks they perform. Motion by Councilor Doucette, seconded by Chair, to approve the reappointment. Vote 3-0. Recommendation of the Personnel Committee is to approve the reappointment of Diane Smith as City Auditor for a three-year term from date of confirmation. 4. Order No. 20-1007920 – The appointment of Nusrath Khan to the Planning Board for a one-year term to expire the first Monday in February 2021. Ms. Khan moved to Marlborough a year ago. Her interest in the Planning Board stemmed from the fact that there was a vacancy she learned about from the City’s social media page. The committee discussed her background in finance and business and how her strengths could benefit the Planning Board. She has been attending meetings and talking with the current members of the board in advance of her appointment. Motion by Councilor Doucette, seconded by Councilor Landers, to approve the appointment. Vote 3-0. Recommendation of the Personnel Committee is to approve the appointment of Nusrath Khan to the Planning Board for a one-year term to expire the first Monday in February 2021. 5. Order No. 20-1007902 – The reappointment of Patricia Carlson to the Commission on Disabilities for a two-year term from date of confirmation. Patricia Carlson has served on the Commission on Disabilities since 2012. She provided some information on what they do in the City such as collecting fines from people who park illegally in the City and use those funds to send children with special needs to camp in the summer or purchase special adaptive equipment for them. Motion by Councilor Doucette, seconded by Councilor Landers, to approve the reappointment. Vote 3-0. Recommendation of the Personnel Committee is to approve the reappointment of Patricia Carlson to the Commission on Disabilities for a two-year term from date of confirmation. IN CITY COUNCIL 21 FEBRUARY 10, 2020 Reports of Committee Continued: 6. Order No. 20-1007903 – The reappointments to the Zoning Board of Appeals of Paul Giunta and Robert Levine for three-year terms from date of confirmation, in addition to Thomas Golden and Ralph Loftin for two-year terms from date of confirmation. Paul Giunta, Robert Levine, Thomas Golden, and Ralph Loftin discussed their history with the Zoning Board of Appeals and of the board itself. Their board would have full membership with these reappointments, but they would appreciate having alternate members in case of illness or other unforeseen circumstances. Motion by Councilor Doucette, seconded by Chair, to approve the reappointments. Vote 3-0. Recommendation of the Personnel Committee is to approve the reappointments of Paul Giunta and Robert Levine for three-year terms from date of confirmation, in addition to Thomas Golden and Ralph Loftin for two-year terms from date of confirmation. 7. Order No. 20-1007904 – The appointment of Paul Gould to the Fort Meadow Commission for a three-year term from date of confirmation who will be replacing Commissioner Delgenio. Paul Gould had previously been on the Fort Meadow Commission since about 2000. Mr. Gould explained their meeting structure, April or May through September or October, once a month, and their responsibilities as part of the of Fort Meadow Commission including their coordination with the Town of Hudson. Motion by Councilor Doucette, seconded by Councilor Landers, to approve the appointment. Vote 3-0. Recommendation of the Personnel Committee is to approve the appointment of Paul Gould to the Fort Meadow Commission for a three-year term from date of confirmation replacing former Commissioner Delgenio. The meeting adjourned at 6:58 PM. IN CITY COUNCIL 22 FEBRUARY 10, 2020 Suspension of the Rules requested – granted. ORDERED: Pursuant to MGL c. 30B, § 16(e)(2), the City Council determines that advertising for the proposed purchase of the following two (2) parcels of land will not benefit the City's interest because of the unique qualities and location of the properties: A parcel identified on the Assessors Map of the City of Marlborough as Map 57 Parcel 104 containing 0.26 acres, more or less, located at 55 Bolton Street, Marlborough, MA, and further identified in a deed recorded in the Middlesex South District Registry of Deeds at Book 64292, Page 100. The person(s) having a beneficial interest in this parcel is 55 Bolton Street LLC; A parcel identified on the Assessors Map of the City of Marlborough as Map 70 Parcel 296 containing 0.27 acres, more or less, located at 45-47 Bolton Street, Marlborough, MA, and further identified in a deed recorded in the Middlesex South District Registry of Deeds at Book 64292, Page 080. The person(s) having a beneficial interest in this parcel is Bolton- Goodale LLC. The above-identified parcels satisfy the requirements of said MGL c. 30B, § 16(e)(2), because: the land is uniquely located within a short walking distance in close proximity to the existing DEC (District Education Center) building across Bolton Street which can be utilized to increase off-street parking as DEC currently does not have enough parking to meet present or future demands. And further, that the Mayor is authorized to negotiate and enter into a purchase and sales agreement to acquire said parcels, for a total combined purchase price of $400,000.00, subject to the following conditions: (i) that, in accordance with MGL c. 43, § 30, the purchase price of any parcel shall not be more than 25% higher than the average assessed value of the parcel during the previous three years; and (ii) that the City’s performance under any purchase and sales agreement will be contingent upon a favorable vote of the City Council authorizing the appropriation of sufficient funds for the purchase of the parcel. The Mayor is authorized to accept a deed pursuant to MGL c. 40, § 3 for each parcel. Pursuant to MGL c. 43, § 30 and c. 40, § 5B, the City Council, by a two-thirds vote of all its members, hereby authorizes an appropriation from Stabilization – Open Space (account # 83600-32918) in the amount of $400,000.00 as sufficient funds to pay for the purchase of said parcels. APPROVED; adopted. Councilor Dumas Recused IN CITY COUNCIL 23 FEBRUARY 10, 2020 Suspension of the Rules requested – granted. ORDERED: That the Transfer Request in the amount of $400,000.00 from Stabilization-Open Space to Open Space Acquisition to fund the proposed acquisition of 45-47 and 55 Bolton Street (Map 57 Parcel 104 and Map 70 Parcel 296), APPROVED; adopted. Councilor Dumas Recused CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Mayor FISCAL YEAR: 2020 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $539,397.80 $400,000.00 83600 32918 Stabilization-Open Space $400,000.00 19300006 58170 Open Space Acquisition $0.00 Reason: For purchase of Bolton Street property $400,000.00 Total $400,000.00 Total Suspension of the Rules requested – granted. ORDERED: That the Communication from the Mayor, re: Transfer Request in the amount of $160,000.00 from Undesignated Fund for the proposed acquisition of 59-A Bolton Street (Map 57 Parcel 105) and Order to authorize the Mayor to enter into a purchase and sale agreement, FILE; adopted. Councilor Dumas Recused IN CITY COUNCIL 24 FEBRUARY 10, 2020 Suspension of the Rules requested – granted. ORDERED: Pursuant to MGL c. 30B, § 16(e)(2), the City Council determines that advertising for the proposed purchase of the following parcel of land will not benefit the City's interest because of the unique qualities and location of the property: A parcel identified on the Assessors Map of the City of Marlborough as Map 57 Parcel 105 containing 0.14 acres, more or less, located at 59-A Bolton Street, Marlborough, MA, and further identified in a deed recorded in the Middlesex South District Registry of Deeds at Book 11747, Page 600. The person(s) having a beneficial interest in this parcel is Cecilia A. Lynch; The above-identified parcel satisfies the requirements of said MGL c. 30B, § 16(e)(2), because: the land is uniquely located within a short walking distance in close proximity to the existing DEC (District Education Center) building across Bolton Street which can be utilized to increase off-street parking as DEC currently does not have enough parking to meet present or future demands, and is adjacent to two parcels on Bolton Street under consideration for acquisition to enhance parking in this area, which is close to downtown Marlborough. And further, that the Mayor is authorized to negotiate and enter into a purchase and sales agreement to acquire said parcel, for a total purchase price of $160,000.00, subject to the following conditions: (i) that, in accordance with MGL c. 43, § 30, the purchase price of the parcel shall not be more than 25% higher than the average assessed value of the parcel during the previous three years; and (ii) that the City’s performance under any purchase and sales agreement will be contingent upon a favorable vote of the City Council authorizing the appropriation of sufficient funds for the purchase of the parcel. The Mayor is authorized to accept a deed pursuant to MGL c. 40, § 3 for the parcel. Pursuant to MGL c. 43, § 30, the City Council hereby authorizes an appropriation from Free Cash in the amount of $160,000.00 as sufficient funds to pay for the purchase of said parcel. APPROVED; adopted. Councilor Dumas Recused IN CITY COUNCIL 25 FEBRUARY 10, 2020 Suspension of the Rules requested – granted. ORDERED: That the Transfer Request in the amount of $160,000.00 from Undesignated Fund for the proposed acquisition of 59-A Bolton Street (Map 57 Parcel 105), APPROVED; adopted. Councilor Dumas Recused CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Mayor FISCAL YEAR: 2020 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $13,169,020.00 $160,000.00 10000 35900 Undesignated Fund $160,000.00 19300006 58170 Open Space Acquisition $0.00 Reason: For purchase of Bolton Street property $160,000.00 Total $160,000.00 Total ORDERED: There being no further business, the regular meeting of the City Council is herewith adjourned at 8:30 PM; adopted.

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