City Council

Ward Councilors Councilors-at-Large Ward 1 – Laura J. Wagner Mark A. Oram Ward 2 – David Doucette Michael H. Ossing Ward 3 – J. Christian Dumais Samantha Perlman Ward 4 – Robert J. Tunnera Kathleen D. Robey Ward 5 – John J. Irish Ward 6 – Sean A. Navin Ward 7 – Donald R. Landers, Sr. Council President Council Vice-President Michael H. Ossing Kathleen D. Robey CITY OF MARLBOROUGH CITY COUNCIL MEETING MINUTES MONDAY, MARCH 22, 2021 The regular meeting of the City Council was held on Monday, March 22, 2021 at 8:00 PM in City Council Chambers, City Hall. City Councilors Present: Ossing, Wagner, Doucette, Dumais, Tunnera, Irish, Navin & Landers. Councilors Participating Remotely: Oram, Perlman & Robey. Meeting adjourned at 10:30 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. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. Motion by Councilor Tunnera, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, March 8, 2021, 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 Application for Special Permit from Cal Verde Naturals, LLC, to operate an Adult Use Marijuana Retail Establishment, 239 Boston Post Road West, Order No. 21-1008214, all were heard who wish to be heard, hearing closed at 8:36 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 to amend Section 33 the Results Way Mixed Use Overlay District (RMUOD) with a Proposed Zoning Map Amendment, Order No. 21-1008216, all were heard who wish to be heard, hearing closed at 9:21 PM, adopted. Councilors Present: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey. IN CITY COUNCIL 2 MARCH 22, 2021 President Ossing called a recess at 9:21 PM and returned to open meeting at 9:26 PM. Motion by Councilor Wagner, seconded by the Chair to adopt the following: ORDERED: That the Communication from Ward 1 Councilor Laura Wagner, re: Summary of comments related to Application for Special Permit to be known as Walcott Heritage Farms, 339 Boston Post Road East (McGee Farm) from March 8, 2021 City Council meeting, FILE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Grant Acceptance of not less than $25,000.00 from the legislative mandate as specified in line item 8324-0000 of the FY21 General Appropriations Act (Chapter 227 of the Acts of 2020) awarded to the Fire Department to support the installation of security cameras; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the City, acting by and through the City Council of the City of Marlborough, does hereby accept title, pursuant to MGL Chapter 40, §14 and any other applicable law, from Marlborough Economic Development Corporation, a Massachusetts nonprofit corporation, by the attached deed, in that certain land in Marlborough, County of Middlesex, Commonwealth of Massachusetts, being more particularly described as "PARCEL A" on a plan of land entitled "Plan of Land in Marlborough, MA, Prepared by: City of Marlborough Department of Public Works Engineering Division, Owned by: Marlborough Economic Development Corporation, 91 Main Street, Suite 204, Marlborough , MA 01752", said Plan dated November 10, 2020, and being recorded as Plan #867 of 2020 in the Middlesex South Registry of Deeds. Said Parcel A containing 34,782.5 square feet, more or less, according to said Plan. APPROVED; adopted. Yea: 10 – Nay: 1 Yea: Wagner, Doucette, Dumais, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. Nay: Tunnera  IN CITY COUNCIL 3 MARCH 22, 2021 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $158,128.90 for the Department of Public Works as requested by Commissioner Divoll, referred to the FINANCE COMMITTEE; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Department of Public Works/Public Facilities FISCAL YEAR: 2021 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $45,768 $21,963.00 11990006 57820 Reserve for Salaries $34,106.04 60081003 51920 Sick Leave Buy Back $0.00 Reason: Salary reserve Superannuation retirement $178,528 $12,143.04 14001101 50710 Junior Civil Engineer Reason: Excess due to vacancy $178,528 $52,022.86 14001101 50710 Junior Civil Engineer $20,022.86 60081001 50910 Head Treatment Plant Op $21,100.54 Reason: Excess due to vacancy Due to retirement $25,000.00 14001506 54640 Park Maintenance $47,587.00 Park maintenance projects $7,000.00 60085003 51310 Overtime $154.00 To cover scheduled weekend maintenance overtime $86,128.90 Total $86,128.90 Total CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Department of Public Works/Public Facilities FISCAL YEAR: 2021 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $178,528 $36,306.00 14001101 50710 Junior Civil Engineer $50,000.00 60080004 53110 Legal Services $5,022.00 Reason: Excess due to vacancy Due to upcoming legal expenses $349,200 $13,694.00 14001303 50740 Equipment Operators Reason: Excess due to vacancy $36,751 $22,000.00 60080001 50580 Assistant Chemist $22,000.00 60080006 55660 Pumping Station Maint $4,691.00 Reason: Excess to prior vacancy For chemicals and maintenance project $72,000.00 Total $72,000.00 Total Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. IN CITY COUNCIL 4 MARCH 22, 2021 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That no more than eighty-five thousand dollars ($85,000.00) shall be expended from the Council on Aging Revolving Fund during fiscal year 2021, unless otherwise authorized by City Council and Mayor, APPROVED; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the: Proposed Amendment to Code of the City of Marlborough, Chapter 67 “Finance” §28(E) “Principal Assessor powers and duties” as submitted by the Mayor, referred to the FINANCE COMMITTEE and ORDERED ADVERTISED; adopted. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARLBOROUGH THAT THE CODE OF THE CITY OF MARLBOROUGH, AS AMENDED, BE FURTHER AMENDED BY AMENDING CHAPTER 67, ENTITLED “FINANCE”, AS FOLLOWS: I. By amending Chapter 67 “Finance”, §28 “Principal Assessor; powers and duties,” by amending §28(E) to read as follows: E. The Principal Assessor shall be qualified in accordance with the regulations of the Massachusetts Department of Revenue. The Principal Assessor shall possess a designation from the Massachusetts Association of Assessing Officers (MAAO) or shall obtain such designation within two years of confirmation. A Principal Assessor possessing a reciprocal designation shall obtain a MAAO designation within two years of confirmation. The Principal Assessor shall be responsible for maintaining any designation. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Proposed Job Description as updated for Principal Assessor position as submitted by the Mayor, referred to FINANCE COMMITTEE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. IN CITY COUNCIL 5 MARCH 22, 2021 Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the: Proposed Amendment to Code of the City of Marlborough, Chapter 19 “Boards and Commissions” Article VI “Youth Commission” § 43 to §51 as submitted by the Mayor referred to the PERSONNEL COMMITTEE; adopted. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARLBOROUGH THAT THE CODE OF THE CITY OF MARLBOROUGH, AS AMENDED, BE FURTHER AMENDED BY AMENDING CHAPTER 19, ENTITLED “BOARDS AND COMMISSIONS”, AS FOLLOWS: §19-43 Commission established; powers and duties. A. In accordance with the General Laws of the Commonwealth and the Charter of the City, a Youth Commission is hereby established. B. The Youth Commission shall have all the powers and duties now or from time to time vested by the General Laws or Special Acts of the Legislature of the Commonwealth and the ordinances of the City. §19-44 Appointments; terms of office. A. The Youth Commission shall consist of seven up to five members; said members shall be appointed by the Mayor, subject to confirmation by the City Council. Said subsequent appointments shall be for a term of three years from the time of their appointment or until their successors are qualified. The Mayor shall initially appoint in staggered terms two members for one year, two members for two years, three members for three years, and annually thereafter the Mayor shall appoint said members for three-year terms. B. The Mayor shall designate the Chairman of said Commission to serve as Chairman for a two-year period. Said appointment shall be made the first Monday in April. §19-45 Purpose; report. A. The purpose of the Marlborough Youth Commission is to enhance the quality of life for City youth through: (1) An ongoing assessment of needs. (2) Evaluation of programs provided by the City, private sector and nonprofit organizations; (3) Recommendations to service providers regarding changes in programming designed to better meet the needs of the community; and (4) A periodic compilation of available services designed to increase utilization of such services. B. The Commission shall issue a report to the Mayor by March 1 of each year, detailing its findings and recommendations. IN CITY COUNCIL 6 MARCH 22, 2021 §19-46 Duties, responsibilities and objectives. A. Duties and responsibilities include new programs, coordination of existing efforts and increasing community awareness through youth organizations, the business community, schools, religious groups, City government, existing human services agencies and others representing all sectors of our culturally diverse community, whether City, state, federal or private, profit or nonprofit groups. B. Program objectives are to: (1) Establish and implement programs and/or services which shall address the opportunities, challenges and problems of our youth. (2) Provide an ongoing assessment of our youth's needs within the community, provided a particular need has not already been addressed and/or implemented by an existing private or municipal agency or organization. (3) Index programs available to our youth and encourage maximum utilization of programs and services through publicity and other means of dissemination of information. (4) Identify gaps in programming, and research funding under federal, state and private grants and foundations. (5) Develop a Youth Advisory Council that will be represented on the Youth Commission. (6) In conjunction with the School Department, implement the Community Service Youth Corps Program. §19-47 Rules and regulations. The Commission shall have power to organize and conduct its business under such rules and regulations as it may deem proper, provided that the same are not inconsistent with the laws of the commonwealth or the Charter and ordinances of the City. It may adopt all reasonable regulations regarding the use of the land and buildings under its permanent or temporary control. A. Removal of members: Any member of the Commission may be removed by the Mayor and City Council for cause, stated in writing, after a hearing and vote of the City Council. B. Vacancies: All vacancies in the Youth Commission caused by death, resignation or otherwise shall be filled by the Mayor in the manner provided for an original appointment, and the person appointed shall hold office for the residue of the unexpired term. C. Compensation: Such Commissioners shall serve without compensation. §19-48 Service from other City departments. The various departments of the City shall render such service to the Commission as they may be required to perform by the City Council from time to time. IN CITY COUNCIL 7 MARCH 22, 2021 §19-49 Annual appropriation; expenditures. A separate appropriation shall be made annually by the Mayor and City Council for the Youth Commission, which appropriation may be expended in the conduct of the aforesaid purposes. §19-50 Annual report. The Youth Commission shall, at least once a year, render a report of its administration to the City Council and Mayor shall render such further reports as may be required of it by the City Council from time to time. It shall annually prepare a statement of suggestions to the Mayor and transmit to him an estimate of the amount of money needed to conduct said Commission's duties for the ensuing year. §19-51 Clerk; meetings. Such Commission shall meet immediately after its appointment and confirmation and elect one of their members, who shall act as Clerk and who shall keep a record of its proceedings; in each year thereafter such Commission shall meet annually in the month of February for the election of the Clerk. Such Commission shall vote to Chair shall determine the time and place of other meetings. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That Communication from the Mayor, re: OPEB Trust Update, FILE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. IN CITY COUNCIL 8 MARCH 22, 2021 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: At a regular meeting of the Marlborough City Council held on Monday, MARCH 22, 2021, the following proposed amendment to the Code of the City of Marlborough, be further amended by amending Chapter 125 entitled “PERSONNEL”, §6 entitled “SALARY SCHEDULE” having been read was 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 BY AMENDING CHAPTER 125, ENTITLED “PERSONNEL,” AS FOLLOWS: I. By adding to the salary schedule referenced in Section 125-6, the following: HOURLY DAILY PERIOD ANNUAL STEP/LEVEL RATE RATE SALARY SALARY 00 $18.0000 $144.0000 $720.00 $37,440.00 01 $18.7500 $150.0000 $750.00 $39,000.00 02 $19.5313 $156.2504 $781.25 $40,625.10 03 $20.3451 $162.7608 $813.80 $42,317.81 II. 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. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That Communication from City Solicitor Jason Grossfield, re: Proposed Amendment to Chapter 125 “Personnel” §6 “Salary Schedule” of the Code relative to the proposed new position of Resident Drop-Off Station Attendant, Order No. 21-1008212B, FILE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Code Enforcement Officer Ethan Lippitt, re: Request for Approval of a replacement panel on the Free-Standing Monument Sign, Apex Mini Golf, 21 Apex Drive, within the Hospitality and Recreation Mixed Use Overlay District (HRMUOD), Order No. 16/21-1006443, MOVED TO REPORTS OF COMMITTEE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. IN CITY COUNCIL 9 MARCH 22, 2021 Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Code Enforcement Officer Ethan Lippitt, re: Request for Approval of two replacement panels on the Free-Standing Monument Signs, Apex Kids, 21 Apex Drive, within the Hospitality and Recreation Mixed Use Overlay District (HRMUOD), Order No. 16/21-1006443, MOVED TO REPORTS OF COMMITTEE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. Motion by Councilor Doucette, seconded by the Chair to adopt the following: ORDERED: That the Minutes of following Boards, Commissions and Committees, FILE; adopted. a) School Committee, February 23, 2021. b) Conservation Commission, February 18, 2021. c) OPEB Trust, March 9, 2021. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. Motion by Councilor Doucette, seconded by the Chair to adopt the following: ORDERED: That the following CLAIM, refer to the LEGAL DEPARTMENT; adopted. a) Barbara Barrile, 55 Schofield Drive, residential mailbox claim (2a). b) Jillian Barrile, 41 Schofield Drive, residential mailbox claim (2a). c) Clare Fishman, 175 Maple Street, #306, pothole or other road defect. d) Matthew Hassapes, 40 White Terrace, other property damage and/or personal injury. e) Kevin Kolodziejski, 54 Berlin Road, other property damage and/or personal injury. f) Stephen Storr, 815 Edmands Road, Framingham, pothole or other road defect. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. Reports of Committees: Councilor Irish reported the following out of the Finance Committee: City Council Finance Committee March 15, 2021 Minutes and Report The meeting convened at 6:30 PM and was held virtually with Councilors attending in person and/or remotely per the Governor’s orders and began with a Roll Call vote of committee members present. Chair Irish called the Roll – All members present: Chair Irish, Councilors Dumais and Tunnera in Chamber; Councilors Oram and Perlman participating remotely. IN CITY COUNCIL 10 MARCH 22, 2021 Reports of Committee Continued: Also Present in Chamber: Councilors Navin, Ossing, Landers and Doucette; Mayor Vigeant, Asst. DPW Commissioner Scott, IT Director Gibbs and HR Director Appointee Christine Purple. Councilor Robey, DPW Commissioner Divoll, City Auditor Smith and Executive Aide Bernard participating remotely. Order No. 21-1008229: Transfer in the amount of $243,000.00 from PEG fund to IT Department to fund various upgrades to equipment and software programs. Motion by Councilor Oram, seconded by Chair, to recommend approval of the transfer. Chair Irish called the Roll: Motion carried 5-0 Order No. 21-1008212A: Communication from Mayor Vigeant together with request from Public Works Commissioner Sean Divoll requesting creation of new full time, permanent union position entitled, ‘Resident Drop-Off Station Attendant’ together with job description dated 9/24/2020. The position would report to the Assistant Commissioner of Operations through the Drop-Off Station Foreman. By email dated March 15, 2021, Public Works Commissioner Divoll clarified that the position carries a 40-hour work week, not 35 as initially requested. Motion by Councilor Oram, seconded by Chair, to recommend approval of the Job Description dated 9/24/2020. Chair Irish called the Roll: Motion carried 5-0 Order No. 21-1008212B: Proposed Salary Ordinance, Chapter 125, Personnel, Salary Schedule, to add the position of RESIDENT DROP-OFF STATION ATTENDANT, Annual Salary Minimum $32,760.00 – Maximum $37,028.16. Motion by Councilor Tunnera, seconded by Chair, to recommend approval of the salary ordinance. The City Solicitor will submit a revised salary ordinance for the City Council’s consideration and advertising as required. Chair Irish called the Roll: Motion carried 5-0 It was moved and seconded to adjourn; Chair Irish the Roll: Motion carried 5-0 The meeting adjourned at 7:17 PM Councilor Dumais reported the following out of the Personnel Committee: City Council Personnel Committee March 15, 2021 Minutes and Report The meeting convened at 7:25 PM All members of the Personnel Committee were present in the Chamber: Chair Dumais, Councilors Landers and Doucette Also Present in Chamber: Councilors Navin, Irish and Ossing, Mayor Vigeant, and HR Director Appointee, Christine Purple IN CITY COUNCIL 11 MARCH 22, 2021 Reports of Committees: Order No. 21-1008231: Communication from Mayor Vigeant with appointment of Christine Purple as Human Resources Director for a three-year term effective the day after Council confirmation. Mrs. Purple addressed the committee stating she formerly worked in the Marlborough Personnel Department as Personnel Assistant and went on to have a successful career in HR and Assessing, noting she lives and breathes municipal government. As she was thinking of getting back into government, she was happy to see this position open. Her husband is the Town Administrator in the neighboring Town of Southborough. Motion by Councilor Doucette, seconded by Chair, to recommend approval of the appointment of Christine Purple as Human Resources Director for a three-year term effective the day after Council confirmation. Motion carried 3-0 It was moved and seconded to adjourn; Motion carried 3-0 The meeting adjourned at 7:30 PM Councilor Robey reported the following out of the Urban Affairs Committee: City Council Urban Affairs Committee March 17, 2021 Minutes and Report Per the Governor’s orders, this meeting began with a Roll Call vote of committee members present and the chair identifying other councilors participating in the meeting. Roll Call-Chairman Katie Robey, present; Councilor Landers, present; Councilor Wagner, present; Councilor Doucette, present; and Councilor Navin, present. Other councilors present were Councilor Ossing and Councilor Perlman. Others attending this meeting are included with each order’s information. Order No. 16/21-1006443AAH-request for Approval of a flat Wall sign, Apex Mini Golf, 21 Apex Drive, with the HRMUOD. Order No. 16/21-1006443AAI- request for Approval of a flat Wall sign, Apex Kids, 21 Apex Drive, with the HRMUOD. Participating in this item via Teams were Kevin Erickson, attorney for Walker Realty and Brandon Currier from Barlo Signs. These items were postponed in committee at the March 1, 2021 Urban Affairs meeting to gather information on fines that were discussed as having been sent by Code Enforcement. The chair opened this meeting stating that discussion could cover both signs but a separate vote would be taken on each. Chair noted all councilors should have received an email from code enforcement stating that no fine had been sent for this site and an email from Attorney Erickson. Chair reviewed some history of code amendment which created 650-35 Hospitality and Recreation Mixed Use Overlay District and language for a Master Signage Plan that was never provided. Chair also included information regarding a council order approved in June 2016 clarifying that the city council had authority in the HRMUOD for signage and that two attempts to remove that provision had failed. IN CITY COUNCIL 12 MARCH 22, 2021 As the signs are currently in place but no fines were assessed, the chair suggested the best outcome would be to approve the signs and use this as a lesson learned for signs in the future. Order No. 16/21-1006443AAH-Councilor Landers moved to approve the flat wall sign for Apex Mini Golf, 21 Apex Drive; it was seconded. Chair Robey called the Roll call; all committee members voted yes and the motion carried 5-0. Order No. 16/21-1006443AAI-Councilor Landers moved to approve the flat wall sign for Apex Kids, 21 Apex Drive; it was seconded. Chair Robey called the Roll; all committee members voted yes and the motion carried 5-0. The chair stated she would ask for a Suspension of Rules at the March 22 meeting to add the two signs to the agenda for council action. These complement the two related sign requests on that agenda, and, if rules suspended to approve would complete the required council action. Order No. 21-108199A-Application for a sign Special permit from Serrato Signs, LLC on behalf of Starbucks, 133 South Bolton Street (SMCU site) for the operation of an electronic Menu Board Sign. Participating in this item via Teams for Starbucks and St. Mary’s were Jim Petkewich, and Robert Zeuli. The chair began with discussion of the Special Permit draft document. Amendments to the draft were agreed to: 1. Change the description on the first photo in Exhibit B to read “Starbucks Sample Menu Board” rather than “Starbucks Proposed Menu Board”; 2. Change the second photo titled ”Starbucks Existing Signage” to read “Proposed LED Sign Location”; and 3. to amend condition #2 to include “and/or the City Council’s Urban Affairs Committee” after the words “process before the City Council” and have legal department decide if a description of plans should be added. It was also discussed that legal department would determine if reference to the Variance approved by the Planning Board needs to be included in the Special Permit. There was discussion on the need to add signs about loud music but after input from St. Mary’s, it was determined the signs weren’t necessary. Councilor Doucette moved to recommend approval of the Sign Special Permit for an electronic Menu board as amended. Chair Robey called the Roll; all committee members voted yes and the motion carried 5-0. The chair will ask for a Suspension of Rules at the March 22nd meeting to have this be referred to legal department to be put in proper legal form and be placed on the April 5 meeting for council action. Order No. 21-1008162-Application for Special Permit by Attorney Falk on behalf of Speedy Auto Repair, Inc. to relocate an existing auto body shop from 315 Maple St. to 412-418 Maple Street in the commercial automotive district with land less than one acre with a preexisting nonconforming structure on site and change of use requires special permit. Participating in this item via Teams were Brian Falk, attorney for applicant; Jeffrey Cooke, Marlborough’s Building Commissioner; and Randy Carpenter, broker for the sale. Preliminary discussion had begun on this item at the February 18th Urban Affairs meeting. The committee reviewed department head comments and began amending the draft special permit to incorporate those comments. The order was postponed in committee until the storage units on the site could be further investigated. IN CITY COUNCIL 13 MARCH 22, 2021 Reports of Committees: Attorney Falk began by confirming that the storage units did receive approval for their use back in 2001 but do need to be incorporated into this Special Permit—a new condition has been added to petitioner’s draft, revised decision to cover them. The chair read aloud the latest draft copy of the Special Permit beginning with Findings of Fact #3 where it was changed to read storage structures and asked for clarification if it was structure or structures. Councilor Doucette suggested the plural was appropriate; #5 where the date of November 23, 2021 needed to be changed to November 23, 2020. The conditions were read thru to delineate updated changes to #2 Site Plan Review; #7Signs; #9 Fencing and new #13 Landscaping, #14 Parking, #15 Vehicle Sales, and #16 Storage Structures. Further amendments were agreed to #9 Fencing to add in sentence that No other outdoor storage is allowed in the fenced in area or outside the fenced area; #11 Paint Waste to amend to language recommended by Priscilla Ryder to read-Paint Solvents and Hazardous Materials Waste. Any excess paint, solvents and hazardous materials at the Site shall be stored in a secure container provided by a professional waste removal vendor, and the container shall be removed and replaced by the vendor as needed; to add in a condition that the LED sign currently on the south side of building be removed and no LED sign would be allowed without a permit from the city council; and adding in a condition regarding hours to be 8 am to 6 pm Monday-Saturday. Attorney Falk would also make sure that there was a copy of the proposed landscape plan created by Priscilla Ryder as Attachment B. Councilor Doucette moved to recommend approval of the Special Permit for Speedy Auto Body as further amended. Chair Robey called the Roll; all committee members voted yes and the motion carried 5-0. The chair will ask for a Suspension of Rules at the March 22nd meeting to have this be referred to legal department to be put in proper legal form and placed on the April 5 agenda for action. Order No. 21-1008171-Application for Modification of a special Permit from Todd Wilson on behalf of diversified funding Acquisition LLC/Atlantic Property management to add kitchenettes to existing guest rooms for use as an extended stay hotel and the conversion of a manager’s residence to a guest room for a total of 65 rooms at hotel at 880 Donald J. Lynch Boulevard (Quality Inn). Participating in this agenda item were Gareth Orsmond and Todd Wilson both from Diversified Funding Acquisition LLC and Commissioner Cooke. Prior to a meeting, a draft Special Permit had been sent by the applicant and distributed to department heads for comment. Based on their comments, a revised Special Permit was provided with a marked-up copy and a clean copy. The chair reviewed the comments from department heads on the revised draft with City Engineer DiPersio citing the revised decision addresses his previous concerns; Conservation Officer Ryder had no comments; Fire Chief Breen stated he had no additional comments and would work with Commissioner Cooke to ensure all modifications meet current code; and Police chief Giorgi had no additional comments. Commissioner Cooke asked to clarify whether the hotel would have guests staying under 30 days or over 30 days. Although not mentioned in the city zoning code, it is in the building code. The applicant will add in a condition clarifying this hotel would allow over 30-day stays. IN CITY COUNCIL 14 MARCH 22, 2021 Reports of Committees: The chair then went over the changes made to the conditions based on department head comments: #13 corrected a typo; #15 added language that site will be connected to municipal sewer system; #16 added language that proposed work includes upgrades to the electrical utilities serving the building with the new system adequate to supply power to kitchenettes; a new #18 to add language on the Fire Code Report and modifications needed to the sprinkler layout in the four Type D rooms to make them code compliant. To make sure there were no other changes that were needed, the chair also read thru all the conditions. Councilor Doucette suggested a further amendment to add “at least one’ into Condition 4 (e) On Duty Employees reflecting there would be at least one employee on duty at all times; and a reminder by our Executive Assistant to add our standard condition regarding recording the Special Permit be added. These additional changes would be added to the document. Councilor Doucette moved to recommend approval on the Special Permit to modify the hotel on Donald J. Lynch Blvd. as amended. Chair Robey called the Roll call; all committee members voted yes and the motion carried 5-0. The chair will ask for a Suspension of Rules at the March 22nd meeting to have this be referred to legal department to be put in proper legal form and placed on the April 5 agenda for action. It was moved and seconded to adjourn. Chair Robey called the Roll; all committee members voted yes and the meeting adjourned at 8:40 pm. Motion by Councilor Robey, seconded by the Chair to adopt the following: Suspension of the Rules requested – granted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Flat Wall Sign, Apex Mini Golf, 21 Apex Drive, within the Hospitality and Recreation Mixed Use Overlay District (HRMUOD), Order No. 16/21-1006443, APPROVED; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey. Motion by Councilor Robey, seconded by the Chair to adopt the following: Suspension of the Rules requested – granted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. IN CITY COUNCIL 15 MARCH 22, 2021 Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Flat Wall Sign, Apex Kids, 21 Apex Drive, within the Hospitality and Recreation Mixed Use Overlay District (HRMUOD), Order No. 16/21-1006443, APPROVED; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Request for a replacement panel on the Free-Standing Monument Sign, Apex Mini Golf, 21 Apex Drive, within the Hospitality and Recreation Mixed Use Overlay District (HRMUOD), Order No. 16/21-1006443, APPROVED; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Request for replacement of two panels on the Free-Standing Monument Signs, Apex Kids, 21 Apex Drive, within the Hospitality and Recreation Mixed Use Overlay District (HRMUOD), Order No. 16/21-1006443, APPROVED; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey. Motion by Councilor Robey, seconded by the Chair to adopt the following: Suspension of the Rules requested – granted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Application for Sign Special Permit, from Serrato Signs, LLC on behalf of Starbucks (St. Mary’s Credit Union), 133 South Bolton Street, Order No. 21-1008199, referred to the LEGAL DEPARTMENT TO BE PLACED IN PROPER LEGAL FORM; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. Motion by Councilor Robey, seconded by the Chair to adopt the following: Suspension of the Rules requested – granted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. IN CITY COUNCIL 16 MARCH 22, 2021 Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Application for Special Permit from Attorney Brian Falk, on behalf of Speedy Auto Repair, Inc., to relocate an existing auto body shop from 315 Maple Street to 412-418 Maple Street in the Commercial Automotive Zoning District; with a land area of less than one acre in addition to a preexisting nonconforming structure on the site, Order No. 21-1008162, referred to the LEGAL DEPARTMENT TO BE PLACED IN PROPER LEGAL FORM; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. Motion by Councilor Robey, seconded by the Chair to adopt the following: Suspension of the Rules requested – granted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Application for Modification of Special Permit from Todd Wilson, on behalf of Diversified Funding Acquisition LLC/Atlantic Property Management, to add kitchenettes to existing guest rooms for use as an extended stay hotel and the conversion of manager’s residence to a guest room for a total of 65 guest rooms at 880 Donald J. Lynch Boulevard, Order No. 21-1008171, referred to the LEGAL DEPARTMENT TO BE PLACED IN PROPER LEGAL FORM; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. Motion by Councilor Wagner, seconded by the Chair to adopt the following: ORDERED: That the Human Services Committee hold a public meeting to allow the Marlborough Hospital leadership to present additional details regarding the Mass General Brigham proposed expansion, referred to the HUMAN SERVICES COMMITTEE; adopted. (Submitted by Councilor Wagner) Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the City Council approve the Massachusetts Department of Revenue Financial Review Recommendation for adopting an abbreviated budget authorization format for all departments for future city budgets, APPROVED; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. IN CITY COUNCIL 17 MARCH 22, 2021 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $579,275.76 from Undesignated Fund (Free Cash) to Miscellaneous Mitigation account to be used to finish mitigation costs related to trench repair, 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 $15,047,854.00 $579,275.76 10000 35900 Undesignated Fund $579,275.76 31040506 59573 FY20 Streets Reconstruction $1,325,323.20 Reason: Funds received from Eversource $579,275.76 Total $579,275.76 Total Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $370,000.00 which moves funds from PEG Funds to Marlborough Cable Trust to fund the operation of WMCT for FY2022, APPROVED; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Mayor FISCAL YEAR: 2021 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $634,764.76 $370,000.00 27000099 47750 Receipts Reserved-PEG Funds $370,000.00 89000 25581 Marlboro Cable Trust $0.00 Reason: To fund WMCT'S FY22 Budget $370,000.00 Total $370,000.00 Total Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. IN CITY COUNCIL 18 MARCH 22, 2021 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $10,400,000.00 which moves funds from Ballparks and Fields Capital and Undesignated Fund to various accounts as noted on the transfer sheet to fund infrastructure projects, APPROVED; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Mayor FISCAL YEAR: 2021 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $4,813,122.94 $3,000,000.00 27000 33086 Fund Bal-Parks & Fields Capital $2,000,000.00 19300006 58305 Cedar Hill Pump Station $0.00 Reason: FY21 Capital Request $15,047,854.00 $7,400,000.00 10000 35900 Undesignated Fund Balance $1,500,000.00 19300006 58716 Minehan Sewer Install $0.00 Reason: FY21 Capital Request $2,000,000.00 19300006 53149 Donald Lynch Blvd Paving $0.00 Reason: FY21 Capital Request $3,000,000.00 19300006 55953 Bost Post Rd E Water $0.00 Reason: FY21 Capital Request $1,900,000.00 19300006 58312 Mill & Overlay Various $0.00 Reason: FY21 Capital Request $10,400,000.00 Total $10,400,000.00 Total Yea: 10 – Nay: 0 – Abstain: 1 Yea: Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. Abstain: Wagner. IN CITY COUNCIL 19 MARCH 22, 2021 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $1,250,101.00 from the Meals Tax Revenue account to fund FY21 bond payments associated with parks and recreation improvements, 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 $4,813,122.94 $1,250,101.00 27000 33086 Fund Bal-Parks & Fields Capital $1,250,101.00 19910009 49715 Transfer-Meal Local Option $0.00 Reason: Local options meals tax funding FY21 bond payments associated with parks & fields as per the recap $1,250,101.00 Total $1,250,101.00 Total Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $459,600.00 which moves funds from and to various accounts within DPW to fund equipment for the Easterly Wastewater Treatment Plant, APPROVED; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Department of Public Works/Public Facilities FISCAL YEAR: 2021 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $63,348 $45,218.00 60081001 50750 Equipment Operator $45,218.00 60081004 53174 Contact Services/Lab Te $52,350.00 Reason: Excess due to vacancy Servicing of machinery at East Plant $885,475 $414,382.00 60086006 52935 Solid Waste Disposal $351,882.00 14003006 52920 Rubbish Collection $192,000.00 Reason: Excess due to end of WeCare contract Reallocating disposal costs to Republic Services $62,500.00 14003006 52925 Curbside Recycling $83,110.00 Reason: Due to increased recycling costs $459,600.00 Total $459,600.00 Total Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. IN CITY COUNCIL 20 MARCH 22, 2021 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the City Council of the City of Marlborough hereby RESCINDS previously authorized but unissued amounts of the following described loan orders, which are henceforth of no further force or effect, APPROVED; adopted. the $1,759,927 balance of the $56,720,000 authorized to be borrowed for the construction and upgrade to the Easterly Wastewater Treatment Plant, duly adopted by order of this Council and approved by the Mayor on August 8, 2011; the $3,095,000 balance of the $3,095,000 authorized to be borrowed for the construction of municipal outdoor recreational facilities, duly adopted by order of this Council and approved by the Mayor on April 10, 2015; and the $35,000 balance of the $110,000 authorized to be borrowed for building maintenance departmental equipment, duly adopted by order of this Council and approved by the Mayor on January 11, 1999. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: 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: Position Rate Conservation Commission Member $150 Per Conservation Commission Meeting Attended II. This ordinance shall supersede and replace any existing rate for said position in the current salary schedule. III. The effective date of these amendments shall be April 1, 2021. Suspend First Reading; Adopt Second Reading; APPROVED. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. Passage to Enroll; APPROVED. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. Passage to Ordain; APPROVED. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. No objection to passage in one evening.  IN CITY COUNCIL 21 MARCH 22, 2021 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $3,150.00 which moves funds from Summer Employment to Conservation Commission Members to cover the stipends through June 30, 2021, APPROVED; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Mayor FISCAL YEAR: 2021 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $50,000.00 $3,150.00 11210003 51250 Summer Employment $3,150.00 12410003 51186 Conservation Comm Members $0.00 Reason: Unused due to COVID-19 To fund stipends for board members $3,150.00 Total $3,150.00 Total Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. Motion by Councilor Tunnera, seconded by the Chair to adopt the following: ORDERED There being no further business, the regular meeting of the City Council is herewith adjourned at 10:30 PM; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey.