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 – Teona C. Brown 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, JANUARY 24, 2022 The regular meeting of the City Council was held on Monday, January 24, 2022 at 8:00 PM in City Council Chambers, City Hall. City Councilors Present: Ossing, Wagner, Doucette, Dumais, Brown, Irish, Navin, Landers, Oram, Perlman & Robey. Meeting adjourned at 8:26 PM. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, December 20, 2021, FILE; adopted. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, January 3, 2022, FILE; adopted. Mayor Vigeant provided the City Council with an update on COVID-19 and city events. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Communication from City Council President Ossing re: City Council Regular Meeting Schedule and City Council Committee Assignments for Legislative Year 2022, FILE; adopted. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Communication from President Ossing, re: Appointment of Ward 1 Councilor Laura Wagner to the Municipal Aggregation Committee, pursuant to Council Order No. 19-1007578B, FILE; adopted. 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 Gift Acceptances totaling $6,800.00 awarded to the Council on Aging to be used as outlined; adopted. a) In the amount of $5,000.00 from the Estate of Ernest Ginnetti for programming and the game room. b) In the amount of $1,000.00 from the Marlborough Foundation to refurbish the pool tables in the billiards room. c) In the amount of $800.00 from Boston Scientific for fuel assistance for seniors in need. IN CITY COUNCIL 2 JANUARY 24, 2022 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 in the amount of $26,667.00 from the Department of Fish and Game awarded to the Conservation Commission to be used to expand and restore the Desert Natural areas; adopted. 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 in the amount of $18,000.00 from the Department of Environmental Protection awarded to the Department of Public Works to be used to offset the rising costs of processing recyclable materials; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $311,945.00 which moves funds from Reserved for Salaries Account to Sick Leave Buy Back to fund the recent and upcoming retirements from the Police and Fire Departments, APPROVED; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Various FISCAL YEAR: 2022 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $982,574.00 $311,945.00 11990006 57820 Reserve for Salaries $153,575.00 12200003 51920 Sick Leave Buy Back $106,994.20 Reason: Retirement payouts $158,370.00 12100003 51920 Sick Leave Buy Back $105,841.39 Retirement payouts $311,945.00 Total $311,945.00 Total Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Reappointment of David Giorgi as Police Chief for a four-year term to expire on August 20, 2025, referred to the PERSONNEL COMMITTEE; adopted. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Reappointment of Police Chief David Giorgi as Keeper of the Lock-Up for a term of one year in accordance with MGL Chapter 40 §35, FILE; adopted. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Appointment of Jeremy McManus to the position of Assistant City Solicitor for a term of three years effective from date of confirmation, referred to the PERSONNEL COMMITTEE; adopted. IN CITY COUNCIL 3 JANUARY 24, 2022 Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Appointment of Sarah Hough to the Historical Commission for a term of three years effective from date of confirmation, referred to the PERSONNEL COMMITTEE; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Solicitor Jason Grossfield, re: Request for Executive Session to discuss litigation strategy relative to WP Marlborough MA Owner, LLC v. Marlborough City Council, MOVED TO AFTER AGENDA ITEM #23; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Request for Approval of a Flat Wall Sign, Wellisandra Boutique, 56 Apex Drive, Suite B, within the Hospitality and Recreation Mixed Use Overlay District (HRMUOD), Order No. 16/22-1006443, APPROVED; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Attorney Brian Falk on behalf of Vedi Naturals, LLC, re: Signage Package and notification of Business Name for Kosa Dispensary the planned retail marijuana establishment to be located at 505 Boston Post Road West, FILE; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Minor Modification of an LED Sign Special Permit, from Attorney Sem Aykanian on behalf Main Street Bank, to allow for a minimally larger sign (plans attached hereto) that is more structurally sound and esthetically pleasing at 81 Granger Boulevard, APPROVED; adopted. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Communication from National Grid, re: Notice of upcoming sideline vegetation management within the electric transmission right-of-way easement, FILE; adopted. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Communication from Local Election Districts Review Commission, re: Notice of approval of updated Reprecincting Map for the City of Marlborough, FILE; adopted. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Communication from Doug Pizzi, re: Mask and other mandates to protect against COVID, FILE; adopted. 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, December 14, 2021. b) Conservation Commission, November 18, 2021 & December 7, 2021. c) Planning Board, December 6, 2021. d) Zoning Board of Appeals, January 4, 2022. IN CITY COUNCIL 4 JANUARY 24, 2022 Motion by Councilor Doucette, seconded by the Chair to adopt the following: ORDERED: That the following CLAIMS, referred to the LEGAL DEPARTMENT; adopted. a) Dana King, 290 Desimone Drive, residential mailbox claim (2b). b) Damaris Lopez, 276 Main Street, #19, other property damage and/or personal injury. Reports of Committees: THERE WERE NO REPORTS OF COMMITTEE. 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 AS FOLLOWS: I. By amending Chapter 608 (“Water”), Section 608-11 (“Entrance Fees”) by inserting a new A(2)(c) to read as follows: (c) Entrance fee for non-residential use with demonstrated or expected significant flows (greater than 5,000 gallons per day), or for buildings designed for uses with expected significant flows such as Good Manufacturing Practice (GMP) Buildings, shall also be subject to an additional fee of $1.00 per square foot of building area. II. By amending Section 608-11(B)(3) to read as follows (new text shown as underlined): Commercial or industrial subdivision or development. The entrance fee shall be $3,000 for each connection of the secondary or branch mains or mains to the City main, plus the nonresidential entrance fee listed in § 608-11A for each service connected to the branch or secondary main, and, if applicable, the significant flow fee listed in §608-11(A)(2)(c). III. By amending Chapter 510 (“Sewer”), Section 510-4 (“Building Sewer Connections”) by inserting a new A(1)(c)[3] to read as follows: Entrance fee for non-residential use with demonstrated or expected significant flows (greater than 5,000 gallons per day), or for buildings designed for uses with expected significant flows such as Good Manufacturing Practice (GMP) Buildings, shall also be subject to an additional fee of $1.67 per square foot of building area. IV. By amending Section 510-4(A)(6)(c) to read as follows (new text shown as underlined): (c) Commercial or industrial subdivision or development. The entrance fee shall be $5,000 for each connection of the secondary or branch main or mains to the City main, plus the nonresidential entrance fee listed in Subsection A(1)(c) for each service connected to the branch or secondary main, and, if applicable, the significant flow fee listed in §510-4(A)(1)(c)[3]. IN CITY COUNCIL 5 JANUARY 24, 2022 V. Effective Date. These amendments shall take effect upon passage and shall apply to connections for nonresidential uses that have not received a building permit as of the effective date of these amendments. APPROVED. First Reading, suspended; Second Reading, adopted; Passage to Enroll, adopted; Passage to Ordain; adopted. No objection to passage in one evening. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Marlborough City Council meet in Executive Session under Purpose 3 of the Open Meeting Law, MGL Chapter 30A §21(a)(3) to “discuss strategy with respect to litigation if an open meeting may have a detrimental effect on the litigating position of the public body” regarding the pending matter, WP Marlborough MA Owner, LLC v. Marlborough City Council (Land Court No. 21 MISC 000451), as the chair hereby declares that discussion in an open session may have a detrimental effect on the City and the City Council’s litigating position. The City Council will not re-convene in open session after the Executive Session. APPROVED. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Brown, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. Motion by Councilor Robey, 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 8:26 PM; adopted.