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City Council

Regular Meeting

Marlborough, MA · July 20, 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 JULY 20, 2020 Regular meeting of the City Council was held on Monday, July 20, 2020 at 8:00 PM in City Council Chambers, City Hall. City Councilors Present: Ossing. Councilors Participating Remotely: Oram, Perlman, Robey, Wagner, Doucette, Dumais, Tunnera, Irish, Navin & Landers. Meeting adjourned at 11:12 PM. Council President Ossing explained that this meeting is being held under the Emergency Order of the Governor allowing relief from the Open Meeting Law (MGL c. 30A §20). The Emergency Order allows for remote participation by public bodies. President Ossing further stated that all votes of the City Council will be taken by roll call vote pursuant to 940 CMR 29.10. The City Council President asked for a roll call to confirm attendance of all City Councilors. Present: 11 – Absent: 0 Present: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. ORDERED: That the Minutes of the City Council meeting, June 22, 2020, FILE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. ORDERED: That the PUBLIC HEARING on the Petition from Eversource Energy to install approximately 500’ of 8” Low Pressure gas main as part of a system improvement on South Bolton Street & Main Street to Granger Boulevard, Order No. 20-1008044, all were heard who wish to be heard, hearing closed at 8:18 PM; adopted. Councilors Present: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey. ORDERED: That the Petition from Eversource Energy to install approximately 500’ of 8” Low Pressure gas main as part of a system improvement on South Bolton Street & Main Street to Granger Boulevard, APPROVED WITH THE FOLLOWING CONDITION; adopted. 1. That Eversource complete their ongoing work on Pleasant Street, Bolton Street, and Poirier Drive prior to mobilizing their forces to this project. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. IN CITY COUNCIL 2 JULY 20, 2020 ORDERED: That the CONTINUED PUBLIC HEARING on the Application for LED Sign Special Permit, from William Camuso on behalf of Lincoln 431 LLC, (Shell Station) 431 Lincoln Street, Order No. 20-1007948E, all were heard who wish to be heard, hearing closed at 8:29 PM; adopted. Councilors Present: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey. ORDERED: That the PUBLIC HEARING on the Petition from William Camuso on behalf of Camuso Enterprises, LLC, to operate a gas station (Shell Station) at 431 Lincoln Street on a 24-hour basis pursuant to Chapter 342 of the Code of the City of Marlborough, Order No. 20-1008046, all were heard who wish to be heard, hearing closed at 8:38 PM; adopted. Councilors Present: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey. ORDERED: That the CONTINUED PUBLIC HEARING on the Application for Special Permit from Attorney Brian Falk, on behalf of WP Marlborough MA Owner, LLC, to build a multifamily residential project in the Business District to be known as Walcott Heritage Farms, consisting of 188 units in 4 buildings at 339 Boston Post Road East (McGee Farms), Order No. 20-1007995B, all were heard who wish to be heard, hearing closed at 10:03 PM; adopted. Councilors Present: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey. President Ossing called a recess at 10:03 PM and returned to open meeting at 10:10 PM. Councilor Robey disconnected from the meeting due to a technical issue at 10:16 PM. ORDERED: That the Communication from the Mayor, re: Additional information regarding naming of a field in honor of Disbursing Clerk 2nd Class Harold Cole, refer to VETERANS AFFAIRS COMMITTEE; adopted. Yea: 10 – Nay: 0 – Absent: 1 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, & Perlman. Absent: Robey. Councilor Robey connected back to the meeting at 10:17 PM. IN CITY COUNCIL 3 JULY 20, 2020 ORDERED: That the Transfer Request in the amount of $271,443.00 which moves funds from Reserved for Salaries to various accounts to fund the MMEA collective bargaining agreement for fiscal year 2021, APPROVED; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Auditor FISCAL YEAR: 2021 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $420,000.00 $271,443.00 11990006 57820 Reserve for Salaries $8,390.00 11330002 50062 Finance Assistant $121,928.33 Reason: Reason: Contractual Obligation $210.00 11330003 51430 Longevity $4,030.00 Reason: Reason: Contractual Obligation $234.00 11330003 51920 Sick Leave Buyback $3,491.00 Reason: Reason: Contractual Obligation $4,220.00 11350002 50062 Finance Assistant $60,934.09 Reason: Reason: Contractual Obligation $3,420.00 11350002 50520 Principal Clerk $49,387.90 Reason: Reason: Contractual Obligation $1,455.00 11350002 50770 Senior Clerk $21,170.06 Reason: Reason: Contractual Obligation $4,080.00 11410002 50550 Head Clerk $55,573.50 Reason: Reason: Contractual Obligation $2,930.00 11410002 50770 Senior Clerk $42,320.12 Reason: Reason: Contractual Obligation $5,860.00 11440002 50770 Senior Clerk $84,640.23 Reason: Reason: Contractual Obligation $4,578.00 11550001 50210 Sr System Analyst $66,102.90 Reason: Reason: Contractual Obligation IN CITY COUNCIL 4 JULY 20, 2020 $5,845.00 11550001 50213 Network Engineer $84,499.22 Reason: Reason: Contractual Obligation $175.00 11550003 51920 Sick Leave Buyback $2,655.00 Reason: Reason: Contractual Obligation $2,910.00 11610002 50770 Senior Clerk $42,340.12 Reason: Reason: Contractual Obligation $110.00 11610003 51920 Sick Leave Buyback $1,700.00 Reason: Reason: Contractual Obligation $1,180.00 11620002 50141 Clerk $17,870.00 Reason: Reason: Contractual Obligation $3,230.00 11620002 50520 Principal Clerk $46,802.21 Reason: Reason: Contractual Obligation $10,592.00 11920001 50292 Bldg Craftsman $152,988.90 Reason: Reason: Contractual Obligation $4,005.00 11920001 50385 Electrician $57,793.20 Reason: Reason: Contractual Obligation $2,729.00 11920001 50680 General Foreman $41,051.00 Reason: Reason: Contractual Obligation $11,170.00 11920001 50690 Foreman $132,712.91 Reason: Reason: Contractual Obligation IN CITY COUNCIL 5 JULY 20, 2020 $1,050.00 11920002 50520 Principal Clerk $15,760.00 Reason: Reason: Contractual Obligation $10,063.00 11920003 50560 Custodian $173,539.87 Reason: Reason: Contractual Obligation $1,800.00 11920003 51300 Overtime $26,000.00 Reason: Reason: Contractual Obligation $1,144.00 11920003 51920 Sick Leave Buyback $11,581.00 Reason: Reason: Contractual Obligation $13,040.00 13032001 50292 Bldg Craftsman $136,517.80 Reason: Reason: Contractual Obligation $3,591.00 13032001 50385 Electrician $127,779.30 Reason: Reason: Contractual Obligation $8,120.00 13032001 50386 HVAC Tech $120,270.50 . Reason: Reason: Contractual Obligation $4,435.00 13032001 50690 Foreman $64,098.88 Reason: Reason: Contractual Obligation $1,050.00 13032002 50141 Clerk $15,036.05 Reason: Reason: Contractual Obligation $2,729.00 13032002 50141 General Foreman $41,051.00 Reason: Reason: Contractual Obligation $665.00 13032003 51300 Overtime $8,809.12 Reason: Reason: Contractual Obligation IN CITY COUNCIL 6 JULY 20, 2020 $343.00 13032003 51920 Sick Leave Buy Back $8,127.00 Reason: Reason: Contractual Obligation $4,720.00 12100002 50520 Principal Clerk $98,896.05 Reason: Reason: Contractual Obligation $27,795.00 12100003 51213 Dispatchers $419,681.03 Reason: Reason: Contractual Obligation $4,075.00 12100003 51214 Public Safety Assistant $58,872.22 Reason: Reason: Contractual Obligation $9,252.00 12100003 51450 Night Shift Differential $132,011.59 Reason: Reason: Contractual Obligation $4,225.00 12200002 50062 Finance Assistant $60,929.08 Reason: Reason: Contractual Obligation $165.00 12200003 51920 Sick Leave Buy Back $153,880.00 Reason: Reason: Contractual Obligation $12,478.00 12410001 50260 Local Inspector $181,513.64 Reason: Reason: Contractual Obligation $4,585.00 12410001 50370 Plumbing Inspector $67,686.30 Reason: Reason: Contractual Obligation $4,585.00 12410001 50380 Electrical Inspector $66,242.06 Reason: Reason: Contractual Obligation IN CITY COUNCIL 7 JULY 20, 2020 $8,609.00 12410002 50770 Senior Clerk $126,001.24 Reason: Reason: Contractual Obligation $147.00 12410003 51430 Longevity $3,508.00 Reason: Reason: Contractual Obligation $115.00 12410003 51920 Sick Leave Buy Back $1,700.00 Reason: Reason: Contractual Obligation $3,424.00 14001002 50520 Principal Clerk $49,383.90 Reason: Reason: Contractual Obligation $3,848.00 14001002 50550 Head Clerk $55,565.50 Reason: Reason: Contractual Obligation $2,933.00 14001002 50770 Senior Clerk $42,317.12 Reason: Reason: Contractual Obligation $1,014.00 61090002 50520 Principal Clerk $46,633.33 Reason: Reason: Contractual Obligation $3,930.00 14920001 50166 Program Manager $59,220.00 Reason: Reason: Contractual Obligation $2,930.00 14920002 50770 Senior Clerk $42,320.12 Reason: Reason: Contractual Obligation $6,670.00 15120001 50611 Assist Sanitarian $96,497.80 Reason: Reason: Contractual Obligation $5,720.00 15120002 50520 Principal Clerk $0.00 Reason: Reason: Contractual Obligation IN CITY COUNCIL 8 JULY 20, 2020 $3,145.00 15410001 50312 Outreach Worker $45,527.81 Reason: Reason: Contractual Obligation $2,662.00 15410002 50584 Clerk Typist $38,447.28 Reason: Reason: Contractual Obligation $2,930.00 15410002 50770 Senior Clerk $42,320.12 Reason: Reason: Contractual Obligation $112.00 15410003 51920 Sick Leave Buy Back $1,698.00 Reason: Reason: Contractual Obligation $3,543.00 16100001 50470 Childrens Librarian $51,147.46 Reason: Reason: Contractual Obligation $3,420.00 16100001 50471 Young Adult Librarian $49,382.90 Reason: Reason: Contractual Obligation $3,415.00 16100001 50480 Cataloguer $49,387.90 Reason: Reason: Contractual Obligation $3,848.00 16100001 50656 Head Circulation $55,565.50 Reason: Reason: Contractual Obligation $3,420.00 16100002 50520 Principal Clerk $49,382.90 Reason: Reason: Contractual Obligation $6,875.00 16100003 50860 Full Time Library Staff $60,343.66 Reason: Reason: Contractual Obligation IN CITY COUNCIL 9 JULY 20, 2020 $1,500.00 16100003 51440 Education Incentive $0.00 Reason: Reason: Contractual Obligation $271,443.00 $271,443.00 Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. ORDERED: That the Transfer Request in the amount of $49,352.00 which moves funds from Reserved for Salaries and Board of Health Senior Clerk to Auditor and Board of Health Principal Clerk to fund the new salary of the Auditor and the Board of Health Principal Clerk, APPROVED; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Various FISCAL YEAR: 2021 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $420,000.00 $5,222.00 11990006 57820 Reserve for Salaries $5,222.00 11350001 50020 Auditor $109,778.00 Reason: Increase due to new salary ordinance $44,130.00 $44,130.00 15120002 50770 BOH - Senior Clerk $44,130.00 15120002 50520 BOH - Principal Clerk $0.00 Promotion from Senior Clerk to Principal Clerk $49,352.00 Total $49,352.00 Total Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. IN CITY COUNCIL 10 JULY 20, 2020 ORDERED: That the Transfer Request in the amount of $39,300.00 which moves funds from Reserved for Salaries to Sick Leave Buy Back to fund the sick leave buy back for a retiree in the Department of Public Works, APPROVED; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: DPW FISCAL YEAR: 2021 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $420,000.00 $39,300.00 11990006 57820 Reserve for Salaries $39,300.00 14001003 51920 Sick Leave Buy Back $7,476.00 Reason: Sick Leave Buy Back due to a retirement $39,300.00 Total $39,300.00 Total Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. ORDERED: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Grant Acceptance in the amount of $2,000,000.00 from the Executive Office of Housing and Community Development (EOHCD) MassWorks Infrastructure Program for the Lincoln Street Revitalization Project; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. ORDERED: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Grant Acceptance in the amount of $2,144.00 from the MA Board of Library Commissioners (MLBC) for the Public Library to be used to hold virtual programming for children ages 3-10 in a variety of topics; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. IN CITY COUNCIL 11 JULY 20, 2020 ORDERED: That the Proposed Salary Ordinance Amendment to Chapter 125 §6 of the Code of the City of Marlborough relative to the position of Director of Civil Defense as submitted by the Mayor, refer to FINANCE COMMITTEE & ORDERED ADVERTISED; 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 AS FOLLOWS: I. By amending Chapter 125, entitled “Personnel”, by adding to the salary schedule referenced in Section 125-6, the following: Step Step Position Effective Date Minimum 1 2 Maximum Director of Civil Defense Upon Ordainment $15,000.00* *During a declared state of emergency by the governor of the Commonwealth, in addition to the above annual salary rate, an hourly rate of pay of $60.00 per hour may be authorized by the Mayor, subject to: (1) said hourly rate being at least 75% reimbursable to the city by the federal or state government, (2) available appropriation; and (3) approval of the Mayor as to duties and hours to be performed. This ordinance shall supersede and replace any existing rate for said position (if applicable) in the current salary schedule. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. ORDERED: That the Proposed Job Description as updated for the Director of Civil Defense position as submitted by the Mayor, refer to FINANCE COMMITTEE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. ORDERED: That the Notification of 60-day Temporary Appointment of Assistant Commissioner Theodore Scott as Acting Commissioner of Public Works, FILE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. IN CITY COUNCIL 12 JULY 20, 2020 ORDERED: That the City Council for the City of Marlborough hereby accepts from Pleasant Hill Retirement Community LLC, a Nebraska limited liability company, with a usual place of business at 7101 S. 82nd St., Lincoln, Nebraska 68516 (the “Grantor”), a Grant of Public Trail Easement on a certain portion of the Grantor’s land located at 96 Crowley Drive, Marlborough, Massachusetts. The Trail Easement Area consists of an area five (5) feet in width located within the area shown as “8’ Public Trail Access Easement” as indicated on the plan attached to the Grant of Public Trail Easement as Exhibit B (Sheet No. 8 of Approved Final Site Plan). The Trail Easement Area may be used for recreational purposes, including but not limited to, the right of the general public to pass and repass over the Trail Easement Area for walking, jogging, bicycling, hiking, snowshoeing, horseback riding, cross-country skiing, or any other activity undertaken for exercise, education or relaxation, excepting the use by any motorized vehicle. APPROVED; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. Suspension of the Rules requested to allow the City Clerk to speak – granted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. ORDERED: That the City of Marlborough accepts Section 9A of Chapter 53 of the General Laws of Massachusetts, entitled “Nomination papers for cities or towns; applicable provisions”, APPROVED; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. ORDERED: That the Request for a Flat Wall Sign, Aivy Nails & Spa, 115 Apex Drive, Unit C, within the HRMUOD, APPROVED; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. ORDERED: That the Request for Free-Standing Sign, Aivy Nails & Spa, 115 Apex Drive, Unit C, within the HRMUOD, APPROVED; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. IN CITY COUNCIL 13 JULY 20, 2020 Councilor Navin read a Disclosure of Appearance of Conflict of Interest into the record. ORDERED: That the Request for a Flat Wall Sign, Post Road Carpet, 782 Boston Post Road East, within the Wayside District, APPROVED; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. ORDERED: That the Request for Free-Standing Sign, Post Road Carpet, 782 Boston Post Road East, within the Wayside District, APPROVED; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. ORDERED: That the Communication from the Planning Board, re: Favorable Recommendation on the Proposed Rezoning of Land off Valley Street, identified as Map 82, Parcel 125, Order No. 20-1007976A, FILE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. ORDERED: That the Communication from the Planning Board, re: Favorable Recommendation with proposed considerations on the Proposed Zoning Amendment to Chapter 650 to add a new §38 relative to creating a Large-Scale Ground-Mounted Solar Photovoltaic Overlay District, Order No. 20-1007975A, FILE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. ORDERED: That the Communication from Attorney Brian Falk on behalf of Vedi Naturals, LLC, re: Request to Extend Time Limitations to August 25, 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), FILE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. ORDERED: That there being no objection thereto set MONDAY SEPTEMBER 14, 2020 as the DATE FOR PUBLIC HEARING, on the Application for Special Permit from Local Roots NE Inc., to operate an Adult Use Marijuana Retail Dispensary, 910 Boston Post Road East, Suite 100, refer to URBAN AFFAIRS COMMITTEE & ADVERTISE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. IN CITY COUNCIL 14 JULY 20, 2020 ORDERED: That the Communication from Central MA Mosquito Control Project re: Personnel being in the community responding to residents’ concerns about mosquitos on various dates in July 2020, FILE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. ORDERED: That the Communication from Massachusetts Clean Water Trust re: Public comment period for implementing the water infrastructure transfer act, FILE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. ORDERED: That the Minutes of following Boards, Commissions and Committees, FILE; adopted. a) School Committee, May 26, 2020, June 9, 2020 & June 23, 2020. b) Ad-Hoc Municipal Aggregation Committee, June 25, 2020. c) Conservation Commission, May 7, 2020, May 21, 2020, June 4, 2020 & June 18, 2020. d) Fort Meadow Commission, September 19, 2019 & May 21, 2020. e) Historical Commission, May 21, 2020. f) Planning Board, June 8, 2020. g) Traffic Commission, May 27, 2020. h) Zoning Board of Appeals, July 7, 2020. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. Reports of Committees: Councilor Robey reported the following out of the Urban Affairs Committee: Meeting Name: City Council Urban Affairs Committee Date: July 9, 2020 Time: 7:15 PM Location: City Council Chamber, 2nd Floor, City Hall, 140 Main Street Present: Chair Robey; Councilors Doucette, Navin, Landers and Wagner (Remote); Also, Present: Councilors Irish and Ossing Continued Review: Order No. 19/20-1007881: Application for Special Permit by Vedi Naturals, LLC, 505 Boston Post Road West (Twin Boro Crossing) to operate an Adult Use Marijuana Facility. -In Urban Affairs Public Hearing: January 27, 2020 Time Expires: August 25, 2020 IN CITY COUNCIL 15 JULY 20, 2020 Chair Robey called the roll of members participating – \Doucette, Navin, Landers, and Robey; Wagner remotely – and opened the meeting, announcing the prior committee meeting of June 24th was postponed to allow petitioner time to update the special permit decision on items that needed attention. All councilors and managers received advance copies and managers have submitted additional comments. Atty. Falk explained the red lined changes in his proposed special permit decision including: The addition of 16 and 17 in the Findings section of the special permit decision. 16. Signs and signage: Finding: Prior to seeking an initial sign permit from the City, the applicant, its successors and/or assigns shall submit to the City Council renderings of its proposed signage, which shall comply with the City’s sign ordinance; and, 17. Finding: Prior to commencing operations, the Applicant, its successors and/or assigns shall submit to the City Council its business name, logos and symbols, all of which shall comply with state and federal law and regulations. Under the Conditions section of the special permit decision, Atty. Falk has added: 15. Boundary Street Entrance/Exit. Prior to receiving a certificate of occupancy for the Use, the Applicant, its successors and/or assigns, shall have the vegetation located north of the Boundary Street entrance/exit to the Site trimmed to improve sight distance for vehicles; and, 16. Parking Lot. Prior to receiving a certificate of occupancy for the Use, the Applicant, its successors and/or assigns, shall have the Site’s parking lot restriped and parking lot accessibility signage updated, in accordance with the Zoning Ordinance, the City Code, and state regulations. As part of the Site Plan Review process, the Applicant shall review options to convert the former child play area at the Site to additional parking spaces. Building Commissioner Cooke and City Engineer DiPersio updated their initial comments indicating the revised conditions address their previous comments on the proposal. Commissioner Cooke also noted the blight violation and the fire alarm issues will be addressed with the property owner. Councilor Landers indicated he was satisfied with the revised conditions but hoped applicant could work with the property owner to seal the parking lot prior to the required restriping. Mr. Patel stated that sealcoating is up to the property owner, but he will take care of the HP concerns and follow up with the owner on the sealcoating request. Motion made by Councilor Doucette, seconded by Chair Robey, to refer to the City Council with a favorable recommendation the special permit application of Vedi Naturals, LLC, 505 Boston Post Road West to operate an Adult Use Marijuana Facility, together with draft special permit decision, as amended. The Chair called the Roll: All in favor: Wagner/Remote; Navin, Doucette, Landers and Robey – Approved. 5-0 Motion made, seconded, to adjourn. The Chair called the Roll: All in favor: Landers; Navin; Doucette; Wagner/Remote; Robey – Adjourned at 7:55PM IN CITY COUNCIL 16 JULY 20, 2020 Councilor Landers gave an oral report on a matter currently in Public Services Committee: Order No.20-1008042-Communication from Mayor Vigeant with proposed amendment to the City Code regarding the Transfer Station, Resident Drop off facility, which is found in Chapter 540. The Public Services Committee met on July 9, 2020 and had a presentation from Interim DPW Commissioner Ted Scott regarding proposed changes to the transfer station that will make it more efficient, save taxpayer dollars and prevent some of the illegal use of the facility for non-residential purposes. The ordinance remains in committee at this time. Although not required for this Code change, I believe the City Council should advertise the ordinance and hold a public hearing to give residents an opportunity to learn more about the changes and to submit comments if they so choose. Councilor Navin reported the following out of the Veterans Affairs Committee: Meeting Name: City Council Veterans Affairs Committee Date: Thursday, July 9, 2020 Location: City Council Chamber, 2nd Floor, City Hall, 140 Main Street Meeting Convened: 6:00PM Meeting Adjourned: 6:46PM Present: Chairman Navin; Veterans Affairs Committee Members Oram (participating remotely) and Perlman; Also: Councilor Wagner (participating remotely), Councilors Doucette, Robey, Landers, Irish and Ossing; Mayor Vigeant and Veterans Director Michael Hennessy Order No. 20-1008043: Communication from Mayor Vigeant re: proposed naming of the new elementary school located at 441 Bolton Street, the softball field located at 441 Bolton Street and the baseball field located at 25 Union Street in honor of deceased veterans of the Civil War, the Vietnam War and World War II. Chair Navin opened the meeting explaining the section of the City Code Ch.551-1 Names of public streets, highways, places, buildings, spaces and other public assets and specifically whereby schools and fields are named after deceased Marlborough residents who were veterans of declared wars and/or armed conflicts and then asked Mayor Vigeant to address his proposal to name the new school and two existing fields. The Mayor addressed his proposal as follows to name: (i) The new elementary school located at 441 Bolton Street in honor of Theodore Goodnow, Andrew Goodnow and Charles Goodnow, three brothers killed in action during the Civil War; and, (ii) The softball field located at 441 Bolton Street in honor of Lance Corporal Richard Demers, a United States Marine, killed in action during the Vietnam War; and, (iii) The baseball field located at 25 Union Street in honor of Disbursing Clerk 2nd Class Harold Cole, who served in the Naval Reserve during World War II and following honorable discharge, later reenlisted and was killed in a plane crash while on active duty. IN CITY COUNCIL 17 JULY 20, 2020 Chair Navin entered into the record input received from veterans’ organizations including: John Hall, Commander of the Disabled Veterans, Marlborough Chapter 82 Wayne E. Stanley, MSgt, USAF (Ret), Past VFW and DAV Commander, Past Marlboro Veterans Council President Michael A. Ferro, Commander, American Legion Post 132 John Manning, Veterans Council President Jim Bell, Commander Italian American War Veterans Post 45 A suggestion was made by the veterans that the elementary school be named “Goodnow Brothers School” and that the committee postpone the naming of the field after Mr. Cole. Lengthy discussion was held by the committee with input by the Mayor and other councilors present. Motion made, and seconded, to name (i) the new elementary school located at 441 Bolton Street, the Goodnow Brothers School, in honor of Theodore Goodnow, Andrew Goodnow and Charles Goodnow, three brothers killed in action during the Civil War; (ii) the softball field located at 441 Bolton Street in honor of Lance Corporal Richard Demers, a United States Marine, killed in action during the Vietnam War and to postpone (iii) the naming of the baseball field located at 25 Union Street after Disbursing Clerk 2nd Class Harold Cole. The Chair called the Roll: All in favor – Motion carries. 3-0 Roll Call: Oram/Yes; Perlman/Yes; Navin/Yes Motion made and seconded to adjourn. The Chair called the Roll: All in favor Roll Call: Oram/Yes; Perlman/Yes; Navin/Yes Meeting Adjourned at 6:46PM Suspension of the Rules requested – granted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. ORDERED: That the Application for Special Permit by Vedi Naturals, LLC to operate an Adult Use Marijuana Retail Establishment, 505 Boston Post Road West (Twin Boro Crossing), refer to the CITY SOLICITOR TO BE PLACED IN PROPER LEGAL FORM FOR THE AUGUST 24, 2020 COUNCIL MEETING; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. ORDERED: That there being no objection thereto set MONDAY AUGUST 24, 2020 as the DATE FOR PUBLIC HEARING, on the Proposed Amendment to the Code of the City of Marlborough, Chapter 540 “Solid Waste”, making changes to the Resident Drop-Off Facility operations and associated fees, ORDERED ADVERTISED; adopted. IN CITY COUNCIL 18 JULY 20, 2020 ORDERED: That the Job Descriptions as updated for the Finance Director/Treasurer and Auditor positions as submitted by the Mayor, APPROVED; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. ORDERED There being no further business, the regular meeting of the City Council is herewith adjourned at 11:12 PM; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey.

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