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, FEBRUARY 14, 2022 The regular meeting of the City Council was held on Monday, February 14, 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 8:35 PM. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, January 24, 2022, FILE; adopted. Mayor Vigeant provided the City Council with an update on COVID-19 and city events. 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 $118,940.00 from the Massachusetts Department of Energy Resources awarded to the city to be used to update the energy management system and controls at the Freeman School; adopted. IN CITY COUNCIL 2 FEBRUARY 14, 2022 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Mid-Year Transfer Requests totaling $1,652,616.00 from various departments for FY 22, which moves funds from and to accounts as outlined in the transfer sheets, referred to the FINANCE COMMITTEE; 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 $670,629.00 $670,629.00 11990006 57820 Reserve for Salaries $2,237.00 11110002 50350 City Council Sect $30,110.00 Reason: Reason: Contractual Obligation $6,909,493.00 $768,447.00 10000 35900 Undesignated Fund $3,515.00 11110003 50070 City Councilors $46,536.00 Reason: Reason: Contractual Obligation $3,189.00 11210001 50010 Mayor $42,995.00 Reason: Contractual Obligation $2,097.00 11210001 50321 Exec Aide to Mayor $28,240.00 Reason: Contractual Obligation $1,724.00 11210002 50590 Exec Secretary $23,247.00 Reason: Contractual Obligation $976.00 11330001 50015 Finance Director/Treas $45,067.00 Reason: Contractual Obligation $4,043.00 11330002 50062 Finance Assistant $53,861.00 Reason: Contractual Obligation IN CITY COUNCIL 3 FEBRUARY 14, 2022 $866.00 11330002 50520 Principal Clerk $20,829.00 Reason: Contractual Obligation $3,450.00 11350001 50020 Auditor $46,354.00 Reason: Contractual Obligation $430.00 11350001 50174 Procurement Officer $35,713.00 Reason: Contractual Obligation $1,642.00 11350002 50520 Principal Clerk $21,823.00 Reason: Contractual Obligation $1,716.00 11410002 50550 Head Clerk $23,669.00 Reason: Contractual Obligation $3,837.00 11510001 50030 City Solicitor $51,545.00 Reason: Contractual Obligation $566.00 11520001 50530 HR Director $41,625.00 Reason: Contractual Obligation $1,871.00 11520001 50532 HR Assistant $25,195.00 Reason: Contractual Obligation $1,477.00 11520002 50775 Admin Assistant $19,921.00 Reason: Contractual Obligation $1,821.00 11550001 50014 Director IT $24,527.00 Reason: Contractual Obligation $2,202.00 11550001 50210 Sr System Analyst $29,207.00 Reason: Contractual Obligation $2,634.00 1155001 50213 Network Engineer $36,149.00 Reason: Contractual Obligation $7,128.00 11550001 50385 Electrician $24,965.00 Reason: Contractual Obligation $2,720.00 11610001 50050 City Clerk $39,146.00 Reason: Contractual Obligation $1,999.00 11610002 50290 Assist City Clerk $26,885.00 IN CITY COUNCIL 4 FEBRUARY 14, 2022 Reason: Contractual Obligation $1,426.00 11610002 50770 Senior Clerk $18,681.00 Reason: Contractual Obligation $812.00 11650003 51110 License Comm Members $1,231.00 Reason: Contractual Obligation $4,012.00 11920001 50292 Bldg Maint Craftsman $68,030.00 Reason: Contractual Obligation $1,928.00 11920001 50385 Electrician $25,534.00 Reason: Contractual Obligation $1,785.00 11920001 50690 Foreman $27,669.00 . Reason: Contractual Obligation $22,172.00 12100001 50140 Police Chief $60,390.00 Reason: Contractual Obligation $346,543.00 12100001 50420 Police Officers $91,573.00 Reason: Contractual Obligation $4,659.00 12100001 50500 Police Captains $91,573.00 Reason: Contractual Obligation $23,900.00 12100001 50510 Police Lieutenants $200,613.00 Reason: Contractual Obligation $49,932.00 12100001 50820 Sergeants $350,843.00 Reason: Contractual Obligation $3,305.00 12100002 50520 Principal Clerk $43,626.00 Reason: Contractual Obligation $6,821.00 12100003 51213 Dispatchers $190,036.00 Reason: Contractual Obligation $1,961.00 12100003 51214 Public Safety Assistant $26,011.00 Reason: Contractual Obligation $4,940.00 12200001 50130 Fire Chief $68,830.00 Reason: Contractual Obligation IN CITY COUNCIL 5 FEBRUARY 14, 2022 $2,032.00 12200002 50062 Finance Assistant $26,919.00 Reason: Contractual Obligation $6,121.00 12410001 50095 Asst Bldg Commissioner $11,715.00 Reason: Contractual Obligation $2,470.00 12410001 50109 Environmental Officer $33,213.00 Reason: Contractual Obligation $37,249.00 12410001 50260 Local Inspector $64,392.00 Reason: Contractual Obligation $3,651.00 12410001 50370 Plumbing Inspector $27,823.00 Reason: Contractual Obligation $3,395.00 12410001 50380 Electrical Inspector $28,079.00 Reason: Contractual Obligation $10,400.00 12410001 50960 Asst Plmbg Inspector $4,150.00 Reason: Contractual Obligation $5,642.00 13032001 50292 Bldg Maint Craftsman $60,821.00 Reason: Contractual Obligation $3,828.00 13032001 50385 Electrician $25,803.00 Reason: Contractual Obligation $10,743.00 13032001 50386 HVAC $51,602.00 Reason: Contractual Obligation $98.00 13032001 50690 Foreman $32,231.00 Reason: Contractual Obligation $3,839.00 14000001 50600 DPW Commissioner $53,559.00 Reason: Contractual Obligation $3,293.00 14000001 50630 Asst DPW Commissioner $44,249.00 Reason: Contractual Obligation $1,950.00 14000002 50062 Financial Analyst $26,538.00 Reason: Contractual Obligation $1,137.00 14000002 50550 Head Clerk $23,664.00 IN CITY COUNCIL 6 FEBRUARY 14, 2022 Reason: Contractual Obligation $2,486.00 14001101 50108 GIS Administrator $32,924.00 Reason: Contractual Obligation $3,293.00 14001101 50640 City Engineer $44,249.00 Reason: Contractual Obligation $11,471.00 14001101 50700 Grade 2 Engineer Aide $25,451.00 Reason: Contractual Obligation $2,955.00 14001301 50660 General Foreman $39,147.00 Reason: Contractual Obligation $7,389.00 14001301 50690 Foreman $97,860.00 Reason: Contractual Obligation $18,262.00 14001303 50740 Equipment Operators $349,831.00 Reason: Contractual Obligation $2,463.00 14001401 50690 Foreman $32,620.00 Reason: Contractual Obligation $2,955.00 14001401 50692 Super Auto Maint $39,147.00 Reason: Contractual Obligation $2,955.00 14001501 50680 General Foreman $39,147.00 Reason: Contractual Obligation $7,390.00 14001501 50690 Foreman $97,860.00 Reason: Contractual Obligation $2,463.00 14003001 50690 Foreman $32,620.00 Reason: Contractual Obligation $2,196.00 14920001 50110 Recreation Director $34,755.00 Reason: Contractual Obligation $1,892.00 14920001 50166 Recreation Prog Mgr $25,092.00 Reason: Contractual Obligation $1,426.00 14920002 50770 Senior Clerk $18,681.00 Reason: Contractual Obligation IN CITY COUNCIL 7 FEBRUARY 14, 2022 $2,980.00 15120001 50605 Director of Public Health $40,154.00 Reason: Contractual Obligation $2,054.00 15120002 50520 Principal Clerk $20,509.00 Reason: Contractual Obligation $311.00 15120003 50990 Board of Health Members $863.00 Reason: Contractual Obligation $4,119.00 15410001 50190 Director Elderly Affairs $32,624.00 Reason: Contractual Obligation $1,512.00 15410001 50132 Outreach Worker $20,060.00 Reason: Contractual Obligation $1,293.00 15410002 50584 Clerk Typist $17,145.00 Reason: Contractual Obligation $1,426.00 15410002 50770 Senior Clerk $18,681.00 Reason: Contractual Obligation $1,517.00 15430001 50080 Veterans Director $27,295.00 Reason: Contractual Obligation $3,361.00 16100001 50230 Library Director $45,159.00 Reason: Contractual Obligation $2,001.00 16100001 50300 Asst Library Director $26,883.00 Reason: Contractual Obligation $1,704.00 16100001 50470 Childrens Librarian $22,599.00 Reason: Contractual Obligation $1,647.00 16100001 50480 Cataloguer $21,818.00 Reason: Contractual Obligation $1,853.00 16100001 50656 Head of Circulation $24,550.00 Reason: Contractual Obligation $1,647.00 16100002 50520 Principal Clerk $21,818.00 Reason: Contractual Obligation $1,487.00 16100003 50860 Full Time Library Clerk $27,016.00 IN CITY COUNCIL 8 FEBRUARY 14, 2022 $1,487.00 16100003 50860 Full Time Library Clerk $27,016.00 Reason: Contractual Obligation $2,418.00 60080001 50570 Chemist $32,269.00 Reason: Contractual Obligation $3,067.00 60080001 50630 Asst DPW Commissioner $42,643.00 Reason: Contractual Obligation $2,689.00 60085001 50910 Head Treatment Operator $39,413.00 Reason: Contractual Obligation $2,747.00 61090001 50680 General Foreman $37,737.00 Reason: Contractual Obligation $19,205.00 61090001 50690 Foreman $117,139.00 Reason: Contractual Obligation $130,105.00 61090001 50740 Equipment Operators $155,215.00 Reason: Contractual Obligation $2,463.00 61090001 50780 Chief Pump Station Oper $32,620.00 Reason: Contractual Obligation $440.00 61090002 50520 Principal Clerk $20,826.00 Reason: Contractual Obligation $555,250.00 11990006 53565 COVID 19 $46,380.00 Reason: Vaccination incentive $1,439,076.00 $1,439,076.00 IN CITY COUNCIL 9 FEBRUARY 14, 2022 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 $170,343.20 $50,540.00 16100003 51261 Part-Time Library Clerks $23,540.00 12410004 53180 Bldg Prof & Tech Serv $0.00 Reason: Vacant positions For prior year outstanding invoices from 4Leaf $14,000.00 11520004 53010 Medical Exams $2,179.50 Large number of hires including Fire & Police $13,000.00 11520006 57380 Conference & Training $16,902.08 Munis and Microsoft training $70,803.71 $15,000.00 11510001 50172 Assist City Solicitor $15,000.00 11510004 53110 Legal Services $49,970.79 Position was vacant To replace funds transferred to Claims & Judgements back in September $20,000.00 $6,000.00 14920003 50999 Events Coordinator $6,000.00 11210003 51250 Summer Employment $6,092.56 Reason: Vacant position Anticipated funds needed through June 30th $19,050.00 $16,000.00 11620002 50141 Clerk $16,000.00 11520004 53140 Contract Services $18,339.51 Reason: Vacant position Fire promotional process $87,540.00 Total $87,540.00 Total CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: FIRE FISCAL YEAR: 2022 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $82,093.00 $5,000.00 12200001 50805 Fire Inspector $5,000.00 12200006 52500 Repair/Maint. Equipmt. $4,092.09 Reason: Vacancy created surplus Increased costs for SCBA repairs & Fleet PM's $5,000.00 Total $5,000.00 Total IN CITY COUNCIL 10 FEBRUARY 14, 2022 CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Department of Public Works/Public Facilities FISCAL YEAR: 2022 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $29,626 $23,000.00 11920001 50291 Public Facilities Director $23,000.00 11920006 52469 Repairs & Maint $42,846.00 Reason: Excess due to vacancy Jericho lighting upgrade, police station upgrade and others $135,239 $25,000.00 14001101 50710 Junior Civil Engineer $25,000.00 14001106 57830 Enviorn. Complaince NPDES $9,879.00 Reason: Vacancy due to promotion Additional sampling for Hudson st landfill $107,476 $25,000.00 14001101 50660 Assistant City Engineer $25,000.00 14001104 53180 Prof & Tech Services $25,720.00 Reason: Excess due to previous vacancy Consultant design services for upcoming projects $40,789 $15,000.00 60081001 50750 Equipment Operator $48,000.00 60085004 52570 Service Contract-Plant Equip $26,536.00 Reason: Excess due to vacancy Update Technically Based Local Industrial Discharge Limits $165,918 $24,000.00 60081001 50850 Treatment Plant Operator Reason: Excess due to previous vacancy $131,079 $9,000.00 60085001 50850 Treatment Plant Operator Reason: Excess due to vacancy $121,000.00 Total $121,000.00 Total Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Reappointments of John Usinas and Wayne Stanley to the Disabilities Commission for 3-year terms respectively from date of Council confirmation, referred to the PERSONNEL COMMITTEE; adopted. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Reappointment of George LaVenture to the Planning Board for a 5-year term to expire on February 1, 2027, referred to the PERSONNEL COMMITTEE; adopted. IN CITY COUNCIL 11 FEBRUARY 14, 2022 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Proposed Amendment to the City Code, Chapter 125 “Personnel” §6 “Salary Schedule” to amend the salary for the Parking Enforcement Officer as submitted by the Mayor, referred to FINANCE COMMITTEE and 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: Position Rate Parking Enforcement Officer Not to Exceed $25 Per Hour. II. This ordinance shall supersede and replace any existing rate for said position(s) in the current salary schedule. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Mayor, re: Succession Planning Project Information, FILE – MOTION WITHDRAWN BY COUNCILOR DUMAIS. Motion by Councilor Oram, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Mayor, re: Succession Planning Project Information, referred to OPERATIONS & OVERSIGHT COMMITTEE; adopted. ** Point of Order by Councilor Robey regarding the vote to refer to Operations & Oversight. President Ossing asked all in favor to stand, vote declared passed by a vote of 7-4. ** Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Solicitor Jason Grossfield, re: Application for Site Plan Approval from Aubuchon Realty Company, Inc., related to the proposed expansion and upgrade of the retail plaza within the Wayside District, at 661 Boston Post Road East, in proper legal form, Order No. 21-1008418B, MOVED TO REPORTS OF COMMITTEE and FILE; adopted. Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Application for Renewal of Taxi/Livery License from Katsunori Tanaka d/b/a Global Limousine & Tour Services, 17 Eager Court, referred to PUBLIC SERVICES COMMITTEE; adopted. Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Application for Taxi/Livery License from Josiah Ihechukwu d/b/a ROA Health System, to operate a Livery Service, 43 Bowstring Way, referred to PUBLIC SERVICES COMMITTEE; adopted. IN CITY COUNCIL 12 FEBRUARY 14, 2022 Motion by Councilor Perlman, seconded by the Chair to adopt the following: ORDERED: That the Communication from Engineering Design Consultants on behalf of Lacombe Business Center, re: Sewer Taking and Easement relative certain parcels on Lacombe Street, be and is herewith referred to LEGISLATIVE & LEGAL AFFAIRS COMMITTEE; LEGAL DEPARTMENT & ENGINEERING; adopted. Motion by Councilor Oram, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Central MA Mosquito Control Project, re: Budget Notification for FY23 and Compliance Certification Policy, 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, January 11, 2022 & January 25, 2022. b) Board of Assessors, November 30, 2021. c) Board of Registrars, November 16, 2020. d) Conservation Commission, January 6, 2022 & January 20, 2022. e) Cultural Council, August 3, 2021, October 6, 2021, November 3, 2021, December 1, 2021 & December 8, 2021. f) Historical Commission, December 16, 2021. g) Library Board of Trustees, January 4, 2022. h) Planning Board, December 20, 2021. i) Zoning Board of Appeals, February 1, 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) Roee Agami, 48 Kinder Circle, pothole or other road defect. b) Yola Paul Bazile, 159 West Main Street, other property damage and/or personal injury. c) Brian Higgins, 23 Grace Circle, other property damage and/or personal injury. d) Peter M. Jones, 36 Morrissey Road, residential mailbox claim (2a). e) Laura LeClair, 607 Brigham Street, residential mailbox claim (2a). f) David Maheux, 76 Morrissey Road, residential mailbox claim (2b). g) Janet Smith, 117 Upland Road, residential mailbox claim (2b). IN CITY COUNCIL 13 FEBRUARY 14, 2022 Reports of Committees: Councilor Dumais reported the following out of the Personnel Committee: City Council Personnel Committee Report and Minutes Monday – January 31, 2022 This meeting convened at 6:30 PM and was held in the City Council Chamber, second floor, City Hall. Public attendance was permitted. The meeting was televised on WMCT-TV (Comcast Channel 8) and Verizon/Fios Channel 34) and available for viewing using the link under the Meeting Videos tab on the city’s website, home page (www.marlborough-ma.gov). Committee Members Present: Chair Dumais; Councilors Doucette, Navin. Other Councilors Present: Wagner, Robey, Brown, Irish, Landers and Ossing. Absent: Councilors Oram and Perlman Also Present: Mayor Vigeant, City Solicitor Grossfield, HR Director Purple All appointees were present in person. 1/24/22 – Order No. 22-1008496: Reappointment of David Giorgi as Police Chief for a four- year term to expire on August 20, 2025. On a motion by Councilor Doucette to recommend approval of the Reappointment of David Giorgi as Police Chief for a four-year term to expire on August 20, 2025, seconded by the Chair, the committee recommends approval of the appointment as submitted by Mayor Vigeant. Vote 3-0 1/24/22 – Order No. 22-1008498: Appointment of Jeremy McManus to the position of City Assistant Solicitor for a term of three years effective from date of confirmation. On a motion by Councilor Doucette to recommend the approval of Jeremy McManus to the position of Assistant City Solicitor for a term of three years effective from the date of confirmation, seconded by the Chair, the committee recommends approval of the appointment as submitted by Mayor Vigeant. Vote 3-0 1/24/22 – Order No. 22-1008499: Appointment of Sarah Hough to the Historical Commission for a term of three years effective from date of confirmation. On a motion by Councilor Doucette to recommend approval of the appointment of Sarah Hough to the Historical Commission for a term of three years effective from the date of confirmation, seconded by the Chair, the committee recommends approval of the appointment as submitted by Mayor Vigeant. Vote 3-0 On a motion by Councilor Doucette, seconded, and approved, the meeting adjourned at 6:58PM. IN CITY COUNCIL 14 FEBRUARY 14, 2022 Reports of Committee Continued: Councilor Robey reported the following out of the Urban Affairs Committee: City Council Urban Affairs Committee Report and Minutes Monday – January 31, 2022 Urban Affairs & Housing Committee members present were Chairman Katie Robey, Councilor Doucette, Councilor Landers, Councilor Navin, and Councilor Wagner. Other councilors present were Councilor Brown, Councilor Dumais, Councilor Irish, and Councilor Ossing. Others attending this meeting are included with each order’s information. All items had been carried over from 2021 to the 2022 session. Order No. 20/21-1008046B 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. Present were William Camuso, owner, and Attorney Brian Falk. The chair went through the timeline stating this had been on agenda since June of 2020. A public hearing was held July 20, 2020 for both 24-hour operation and an LED Sign. The sign was approved, but the 24-hour operation was kept in committee while the owner dealt with issue of lighting of canopy. Attorney Falk stated it was understood that 24-hour operation would probably not get approved, and his client was asking for approval to open at 4 am and close at 11 pm. Councilor Irish submitted a letter stating he was not in favor of 24-hour operation but would consider allowing station to open at 5 am and close at 11 pm. After discussion by committee, it was felt that opening at 5 am was preferred. Councilor Doucette moved to recommend approval of the draft order for an exemption to operate from 5 am to 11 pm with conditions (draft order attached). The motion received a second and carried 5-0. Chair will request a Suspension of Rules at the February 14 City Council meeting to refer the draft order to Solicitor with request it be on the February 28 council agenda. Chair noted the solicitor’s office was currently understaffed which could impact when it was on the council agenda. Order No. 21-1008418B X 21-1008395 Communication from Attorney Falk, application for Site Plan Approval from Aubuchon Realty Company, related to proposed expansion and upgrade at the retail Plaza located at 661 Boston Post Road East within the Wayside Zoning District. Attorney Falk was present to discuss this item and had submitted a draft Site Plan; also present was Matt Bombacci from Bohler Engineering. A Special Permit for site was approved due to drive- thru for bank and coffee shop. The City Council is the Site Plan authority for Wayside Zoning District, but Site Plan Review Committee discussed this project and submitted a revised Site Plan decision. The chair reviewed the differences—Attorney Falk’s plan had language re OSHA requirements which Site Plan Review Committee felt was not necessary and SPRC added language re a temporary occupancy permit for either bank structure or coffee shop while work is allowed to continue on the incomplete site, subject to a phasing plan approved by Site Plan Committee. IN CITY COUNCIL 15 FEBRUARY 14, 2022 Reports of Committee Continued: The Urban Affairs Committee agreed the OSHA language was not necessary, but the phasing language should be included. Councilor Doucette moved to recommend approval of the Site Plan submitted by SPRC, motion received a second, and carried 5-0. Because the developer would like to submit forms for a building permit as soon as possible, the Chair will ask Solicitor to have the document in proper form for the February 14 City Council meeting. If it is on the agenda for that meeting, the Chair will ask for Suspension to vote on the revised site plan decision and plans. Order No. 21-1008441C-Communication from Attorney Falk for Special Permit from J & D Landscape Contractors to construct and operate both a contractor’s yard and landscaping contractor’s yard at the Airport Industrial Park, 101 Airport Boulevard, Unit 12. Attorney Falk was present for this item. He had submitted a Draft Decision on a Special Permit for review and comment by the city’s managers. The chair reviewed the draft document specifically language in Findings of Fact that Councilor Brown would review the missed hearing and submit a document certifying her review, which would allow her to participate. After discussion, it was agreed to strike the language as submitted by Attorney Falk. Site Plan Review Committee reviewed the document at a recent meeting, and Priscilla Ryder, Conservation/Sustainability Officer sent an email to serve as comments from all department heads as required in code. SPRC members suggested one change in C. 2 Site Plan Review (part of Conditions for Granting the Special Permit)—which reads in part “…a final occupancy permit shall not be issued…” Their suggestion was to strike “permit” and add “certificate of” before the word “occupancy” so it would read “a final certificate of occupancy shall not be issued…” Committee agreed to this change. Councilor Doucette recommended approval of the Draft Decision on Special Permit as amended; the motion received a second, and vote carried 5-0. On a motion made, seconded and approved, the committee adjourned at 7:39 PM. Motion by Councilor Dumais, seconded by the Chair to adopt the following: Suspension of the Rules requested – granted. 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, APPROVED; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: Suspension of the Rules requested – granted. ORDERED: That 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, referred to the LEGAL DEPARTMENT TO BE PLACED IN PROPER FORM. IN CITY COUNCIL 16 FEBRUARY 14, 2022 Motion by Councilor Robey, seconded by the Chair to adopt the following: Suspension of the Rules requested – granted. ORDERED That the City Council of the City of Marlborough does hereby APPROVE the Site Plan Permit (attached hereto), which sets forth an approval with conditions of the site plans submitted by Aubuchon Realty Company, Inc., to expand and upgrade the retail plaza at 661 Boston Post Road East within the Wayside District; adopted. Motion by Councilor Dumais, 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 8:35 PM; adopted.