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 FEBRUARY 24, 2020 Regular meeting of the City Council held on Monday, February 24, 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 8:46 PM. ORDERED: That the Minutes of the City Council meeting, February 10, 2020, FILE; adopted. ORDERED: That the 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, Order No. 20-1007933, all were heard who wish to be heard, hearing closed at 8:03 PM; adopted. Councilors Present: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey. ORDERED: That the PUBLIC HEARING On the Proposed Zoning Amendment to Chapter 650 §17 & §18 relative to Livestock Farms, Order No. 20-1007915, all were heard who wish to be heard, hearing closed at 8:14 PM; adopted. Councilors Present: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey. ORDERED: That the Transfer Request in the amount of $473,846.52 which moves funds from PEG Funds to Marlborough Cable Trust to fund the operation of WMCT for FY2021, refer to FINANCE COMMITTEE; adopted. Councilor Ossing read a Disclosure of Appearance of Conflict of Interest into the record. 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 $550,853.61 $473,846.52 27000099 47750 Receipts Reserved-PEG Funds $473,846.52 89000 25581 Marlboro Cable Trust $0.00 Reason: To fund WMCT's operating budget for FY21 with PEG fees $473,846.52 Total $473,846.52 Total  IN CITY COUNCIL 2 FEBRUARY 24, 2020 ORDERED: That the Transfer Request in the amount of $400,000.00 from Undesignated Fund (Free Cash) to Stabilization – Open Space to replace the money used for the purchases of land on Bolton Street, refer to FINANCE COMMITTEE; adopted. Councilor Dumais 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 $13,009,020.00 $400,000.00 10000 35900 Undesignated Fund $400,000.00 83600 32918 Stabilization-Open Space $140,919.97 Reason: To use free cash for Bolton St property and return open space funds $400,000.00 Total $400,000.00 Total ORDERED: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Grant Acceptance in the amount of $5,000.00 from the Massachusetts Cultural Council to fund cultural projects, including the Museum in the Streets; adopted. ORDERED: That the Appointment of Lynn Davine as Director of Human Resources for a three- year term from date of confirmation, refer to PERSONNEL COMMITTEE; adopted. ORDERED: That the Appointment of Michael Hennessy as Director of Veterans Services for a three-year term effective February 10, 2020, refer to PERSONNEL COMMITTEE; adopted. ORDERED: That the Reappointment of Beverly Sleeper as Chief Procurement Officer for a three-year term from date of confirmation, refer to PERSONNEL COMMITTEE; adopted. ORDERED: That the Appointment of Melynda Gallagher to the Parks and Recreation Commission for a three-year term from date of confirmation, refer to PERSONNEL COMMITTEE; adopted. ORDERED: That the Proposed Zoning Amendment to Chapter 650, §5, §17, & §18 – Contractor Yards and the Proposed Rezoning of land located on Farm Road, identified as Map 85 Parcel 12, refer to URBAN AFFAIRS COMMITTEE, PLANNING BOARD, AND ADVERTISE A PUBLIC HEARING FOR MONDAY, MARCH 23, 2020; adopted. THAT, PURSUANT TO § 5 OF CHAPTER 40A OF THE GENERAL LAWS, THE CITY COUNCIL OF THE CITY OF MARLBOROUGH, HAVING SUBMITTED FOR ITS OWN CONSIDERATION CHANGES IN THE ZONING ORDINANCE OF THE CITY OF MARLBOROUGH, AS AMENDED, TO FURTHER AMEND CHAPTER 650, NOW ORDAINS THAT THE ZONING ORDINANCE OF THE CITY OF MARLBOROUGH, AS AMENDED, BE FURTHER AMENDED AS FOLLOWS: IN CITY COUNCIL 3 FEBRUARY 24, 2020 I. Section 650-5, entitled “Definitions; word usage,” is hereby amended, as follows: a. By amending the definition in subsection B of “OUTDOOR STORAGE,” by inserting at the end thereof the following sentence: “Outdoor storage shall not include either a contractor’s yard or a landscape contractor’s yard.” b. By inserting the following new definitions: CONTRACTOR’S YARD - Premises used for the storage of equipment and/or materials used for providing contracting services, including but not limited to building construction, heating, plumbing, roofing, and excavation. LANDSCAPE CONTRACTOR’S YARD – Premises used for the storage of equipment and/or materials used by a business principally engaged in the decorative and functional alteration, planting, and maintenance of grounds, including the installation of hardscape such as stonework, patios, decks, arbors, and other decorative elements of the landscape. Such a business may engage in the installation and construction of underground improvements, but only to the extent that such improvements (e.g., irrigation or drainage facilities) are accessory to the principal business and are necessary to support or sustain the landscaped surface of the grounds being otherwise landscaped. II. Section 650-17, entitled “Table of Uses,” is hereby amended by adding the following new uses: RR A1 A2 A3 RB RC RCR B CA LI I MV NB WAYS. Contractor’s Yard (48) N N N N N N N N SP SP N N N N Landscape Contractor’s Yard (48) N N N N N N N N SP SP N N N N III. Section 650-18, entitled “Conditions for uses,” is hereby amended as follows: a. By inserting in subsection A thereof a new paragraph (48) as follows: (48) Contractor’s yard and landscape contractor’s yard. (a) Exemptions; Design Standards for Certain Existing Yards. All existing contractor’s yards and landscape contractor’s yards in the CA or LI zoning district as of the date of this amendment that existed prior to December 31, 2014 shall not be required to obtain a special permit, but shall file for site plan review with an as-built plot plan by the City of Marlborough Site Plan Review Committee within nine (9) months of the effective date of this paragraph, and complete site plan review within twenty-four (24) months of the effective date of this paragraph. Said site plan review shall be limited to the following design standards: (1) Screening. To the maximum extent practicable, the yard shall be adequately screened from the street and adjacent properties to obscure the vehicles parked thereon, and the equipment and/or materials stored therein, to create an effective visual barrier. IN CITY COUNCIL 4 FEBRUARY 24, 2020 (2) Vehicles, Equipment and/or Materials. To the maximum extent practicable, all vehicles, equipment and/or materials associated with the yard must be stored on and accessed from impervious or otherwise dust- free surfaces. (3) Flammable, Combustible or Dangerous Substances. A yard shall not store excessive quantities of flammable, combustible or dangerous substances, and may be required to comply with the notification, reporting and permitting requirements set forth in SARA Title III (the Emergency Planning and Community Right-To-Know Act, or EPCRA) and/or MGL c. 148. (4) Maximum size of yard. The maximum size of the yard (including all structures, parking and driveways on the lot) shall not exceed the percentage of maximum lot coverage permitted under Section 650-41 for the zoning district in which the lot is located. If the yard exceeds said lot coverage percentage, the yard shall not increase its lot coverage and shall be made compliant within twenty-four (24) months of the effective date of this paragraph. For yards that are in compliance with a prior special permit or site plan approval, no special permit or site plan review is required. (b) Design Standards for All Other Permissible Yards. Yards shall require a special permit, and site plan approval by the City of Marlborough Site Plan Review Committee, whose review shall include, but not be limited to, the following design standards. (1) Screening. Yard shall be adequately screened from the street and adjacent properties to obscure the vehicles parked thereon, and the equipment and/or materials stored therein, to create an effective visual barrier from ground level to a height of at least five (5) feet. (2) Vehicles, Equipment and/or Materials. All vehicles, equipment and/or materials associated with the yard must be stored on and accessed from impervious or otherwise dust-free surfaces. (3) Flammable, Combustible or Dangerous Substances. A yard shall not store excessive quantities of flammable, combustible or dangerous substances, and may be required to comply with the notification, reporting and permitting requirements set forth in SARA Title III (the Emergency Planning and Community Right-To-Know Act, or EPCRA) and/or MGL c. 148. (4) Maximum size of yard. The maximum size of the yard, when combined with all structures, parking and driveways on the lot being proposed for the lot on which the yard is proposed to be located, shall not exceed the percentage of maximum lot coverage permitted under Section 650-41 for the zoning district in which the lot is located. IN CITY COUNCIL 5 FEBRUARY 24, 2020 (5) Proximity to existing residential zoning districts/uses. (i) Yard shall not be located on a lot less than two hundred (200) feet from a residential zoning district, and on any lot if a residential use is being made of any abutting lot(s); and (ii) Minimum lot area. Minimum area of the lot shall be 22,500 square feet. IV. Zoning Map Amendment The Zoning Map, Section 650-8, is amended by making the following changes: Change a portion of Assessor’s Parcel 85-12, consisting of less than 6.53 +/- acres, being the portion of the property currently zoned Business (B), to the adjacent Light Industrial (LI) District. The proposed Zoning Map change is shown on the attached map. ORDERED: That the Communication from City Solicitor, Jason Grossfield, re: Letters of support for Proposed Zoning Amendment relative to Contractor Yards and the Proposed Rezoning of land on Farm Road and update on pending litigation, FILE; adopted. ORDERED: That the Request for Sign, Gerardo’s Bakery, 115 Apex Drive, Unit D, within the HRMUOD, APPROVED; adopted. ORDERED: That the Communication from Attorney Brian Falk, on behalf of Vedi Naturals, LLC, re: Request to Extend Time Limitations to June 9, 2020 at 10:00 PM, on the Application for Special Permit to operate an Adult Use Marijuana Retail Establishment, 505 Boston Post Road West (Twin Boro Crossing), APPROVED; adopted. ORDERED: That there being no objection thereto set MONDAY, MARCH 23, 2020 as DATE FOR PUBLIC HEARING Application for LED Sign Special Permit, from William Camuso on behalf of Lincoln 431 LLC, (Shell Station) 431 Lincoln Street, refer to URBAN AFFAIRS COMMITTEE & ADVERTISE; adopted. ORDERED: That the Communication from Central MA Mosquito Control, re: FY 2021 Budget Notification and Compliance Certification Policy, FILE; adopted. ORDERED: That the Minutes of following Boards, Commissions and Committees, FILE; adopted. a) Conservation Commission, January 9, 2020 & January 23, 2020. b) Historical Commission, December 19, 2019. c) Library Trustees, January 7, 2020. ORDERED: That the following CLAIMS, refer to the LEGAL DEPARTMENT; adopted. a) Mark Bigelow, 29 Pearl Street, pothole or other road defect. b) David & Cindy D’Amico, 102 West Hill Road, residential mailbox claim (2a). c) Eileen Hebert, 512 Linwood Court, Clinton, pothole or other road defect. d) Daniel Hong, 5 Repton Circle, #5214, Watertown, pothole or other road defect. IN CITY COUNCIL 6 FEBRUARY 24, 2020 Reports of Committees: Councilor Landers reported the following out of the Public Services Committee: Marlborough City Council Public Services Committee Tuesday, February 18, 2020 In City Council Chambers, 2nd Floor, City Hall, 140 Main Street Public Services: Chairman Landers, Councilors Irish and Perlman Other Councilors: Councilor Tunnera Also Present: Snold Benjamin The meeting convened at 8:35 PM. 1. Order No. 19-1007759: Application for a Livery License from Snold Benjamin d/b/a Ben Transportation, to operate one (1) vehicle at 98 Bolton Street. Mr. Benjamin explained he would have one car for his business, be the sole driver and answered the committee’s questions regarding his insurance and CORI. Motion by Councilor Irish, seconded by Councilor Perlman, to approve the application for a livery license for Snold Benjamin d/b/a Ben Transportation, to operate one (1) vehicle at 98 Bolton Street. Vote 3-0. Recommendation of the Public Services Committee is to approve the application. 2. Order No. 19-1007513: Application for a Livery License from Bismark Ohemeng d/b/a West Royal Car Service, to operate at 33 Paris Street. Mr. Ohemeng has since moved from Marlborough and no longer requires a livery license from the City. Motion by Councilor Irish, seconded by Councilor Perlman, to accept and place the application on file. Vote 3-0. Recommendation of the Public Services Committee is to accept and file. The meeting adjourned at 8:39 PM. Councilor Irish reported the following out of the Finance Committee: Marlborough City Council Finance Committee Tuesday, February 18, 2020 In City Council Chambers, 2nd Floor, City Hall, 140 Main Street Finance Committee: Chairman Irish, Councilors Dumais, Oram, Tunnera, and Perlman Other Councilors: Councilors Landers, Navin, Ossing, and Robey Also Present: Mayor Vigeant, Department of Public Works Commissioner Ghiloni, Building Commissioner Cooke, City Auditor Smith; City Clerk Kerrigan, Assistant Commissioner Operations Ted Scott, Police Chief Giorgi, Board of Health Director John Garside Meeting convened at 7:38 PM. IN CITY COUNCIL 7 FEBRUARY 24, 2020 Reports of Committee Continued: 1. Order No. 20-1007927A – 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. Communication from the Mayor dated February 6, 2020 requesting the transfer of $1,331,902.00 from the Undesignated Fund (“Free Cash”) to the Undesignated Stabilization account. Motion by Councilor Tunnera, seconded by Chair, to approve the transfer. Vote 5-0. Recommendation of the Finance Committee is to approve the transfer as requested by the Mayor. 2. Order No. 20-1007927B – 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. Communication from the Mayor dated February 6, 2020 requesting the transfer of $1,331,902.00 from the Undesignated Fund (“Free Cash”) to the OPEB Trust account. Motion by Councilor Tunnera, seconded by Chair, to approve the transfer. Vote 5-0. Recommendation of the Finance Committee is to approve the transfer as requested by the Mayor. 3. Order No. 20-1007928 – Mid-Year Transfer Requests totaling $838,902.00 from various departments for FY20, which moves funds from and to accounts as noted in the Order. The Finance Committee reviewed the Mayor’s letter dated February 6, 2020 requesting mid- year transfers for various departments totaling $838,902.00. Motion by Councilor Oram, seconded by Councilor Dumais, to approve the transfers. Vote 5-0. Recommendation of the Finance Committee is to approve the mid-year transfers as requested by the Mayor. 4. Order No. 20-1007929 – Proposed Salary Ordinance Amendment submitted by the Mayor relative to Chapter 125 §6 of the City Code. The Finance Committee reviewed the Mayor’s letter dated February 6, 2020 proposing several salaries changes. The Mayor recommended deleting reference to several positions in Section 125-6 and creating a per meeting attended rate of $150.00 for members of the Planning Board and Zoning Board of Appeals and a new hourly rate not to exceed $18.00 per hour for the positions of Detention Assistant, Parking Enforcement Officer, Mail Clerk, and Crossing Guard. The proposal also establishes a four step hourly rate of $15.4903/Minimum to $17.6143/Maximum for the existing part-time Council on Aging Social Services Coordinator which compensation is equal to the position of Clerk. Motion by Councilor Oram, seconded by Chair, to approve, advertise the salary ordinance, and refer to the City Solicitor for proper legal form. Vote 5-0. Recommendation of the Finance Committee is to approve the proposed salary ordinance, refer to the City Solicitor for proper legal form and to advertise. Meeting adjourned at 8:31 PM. IN CITY COUNCIL 8 FEBRUARY 24, 2020 Reports of Committee Continued: Councilor Dumais reported the following out of the Personnel Committee: Marlborough City Council Personnel Committee Tuesday, February 18, 2020 In City Council Chambers, 2nd Floor, City Hall, 140 Main Street Members Present: Chairman Dumais, Councilors Doucette and Landers Other Councilors: Councilors Navin, Ossing, and Robey Also Present: Mayor Vigeant The meeting convened at 6:32 PM. Order No. 20-1007930 – The reappointments to the Community Development Authority (CDA) of Stephanie Ferrecchia and David Morticelli for three-year terms 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. Paul Sliney and Stephanie Ferrecchia explained the purpose of the Community Development Authority (CDA) Board is to oversee the management of the senior housing on Main, Pleasant, and Bolton Streets; manage the vouchers distributed by the housing authority; as well as distribute funds to assist residents in the rehab of houses and other similar work in the community. Motion by Councilor Doucette, seconded by Councilor Landers, to approve the reappointments of Paul Sliney and Stephanie Ferrecchia. Vote 3-0. [Morticelli and Perdicaro unable to appear] Recommendation of the Personnel Committee is to approve the reappointment to the CDA of Stephanie Ferrecchia for three years from the date of confirmation and Paul Sliney for two years from date of confirmation. The meeting adjourned at 6:36 PM. IN CITY COUNCIL 9 FEBRUARY 24, 2020 Reports of Committee Continued: President Ossing reported the following out of the Rules Committee: Marlboro City Council Rules Committee Tuesday February 18, 2020 In Council Chambers Rules Committee Members Present: Chairman Ossing; Councilors Robey and Landers. Rules Committee Members Absent: None Other Councilors in Attendance: Councilors Irish (arrived at 7:20), Doucette, Dumais, Navin and Perlman. The meeting convened at 6:45 PM. 1. Order #20-1007894 – Council Review of the 2020 Rules: The Rules Committee met for the second time (prior meeting held on January 21, 2020) to continue the review of potential changes to the City Council Rules for 2020. Councilors, Council Secretary and City Clerk discussed changes to the Rules for 2020. A summary of the changes made at the January 21, 2020 meeting were reviewed and summarized below: • Majority of changes are editorial • Remove the “Wireless Communications” Committee and role that function into the Public Services Committee • Create a new “Climate Resiliency” Committee to help Marlboro move forward to reduce the carbon footprint in the City • Added specificity to the Finance, Human Services and Veterans Committee descriptions to align with the other Committees. • Add “and special permits” after the “licenses” in the description of the Public Services Committee. • Add “improving sustainability” after “issues relating to” in the description of the Climate Resiliency Committee. In addition to the above changes, the Rules Committee reviewed the track change version and a summary of the accepted changes are below: • “Unbold” the various bolded text sections throughout the rules. • Rule 6 – add guidance for an optional consent agenda. • Rule 13 – added wording for the latest edition of Robert’s Rules newly revised. • Rule 15 – clarified the “Postpone” and “Table” motions. • Rule 17 – change “one (1) month” to “30 days”. • Rule 20 – accepted revised wording for Councilors wishing to speak and deleted “and not to each other”. • Rule 29 – Change “laid on the table” to “postponed”. • Rule 32 – Delete “all”. • Page 9 – Third paragraph – clarified the “Chair” cannot make motions. • Page 9 – Seventh paragraph – clarified how to carry over orders. The Rules Committee voted 3 – 0 to approve the revised Council Rules for 2020. The Rules Committee adjourned at 7:34 PM.  IN CITY COUNCIL 10 FEBRUARY 24, 2020 ORDERED: That the 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, APPROVED; adopted. ORDERED: That the 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, APPROVED; adopted. ORDERED: That the Communication from the Mayor, re: Update on Library Renovation Project, FILE; adopted. ORDERED: That the Transfer Request in the amount of $3,029,000.00 for the design and construction of DEP corrective actions related to the Redevelopment of the Hudson Street Landfill, APPROVED; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: DPW 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 $3,029,000.00 10000 35900 Undesignated Fund $3,029,000.00 19300006 55966 Capital Outlay-Hudson St Landfill $0.00 Reason: Clean up of Hudson St Landfill for recreational purposes $3,029,000.00 Total $3,029,000.00 Total ORDERED That the Reappointment of Diane Smith as City Auditor for a three-year term from date of confirmation, APPROVED; adopted. ORDERED That the Appointment of Nusrath Khan to the Planning Board for a one-year term to expire the first Monday in February 2021, APPROVED; adopted. ORDERED That the Reappointment of Patricia Carlson to the Commission on Disabilities for a two-year term from date of confirmation, APPROVED; adopted. ORDERED That 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, APPROVED; adopted. ORDERED That the Appointment of Paul Gould to the Fort Meadow Commission for a three- year term from date of confirmation, APPROVED; adopted. ORDERED: There being no further business, the regular meeting of the City Council is herewith adjourned at 8:46 PM; adopted.