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 28, 2022 The regular meeting of the City Council was held on Monday, February 28, 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 8:20 PM. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, February 14, 2022, FILE; adopted. Mayor Vigeant provided the City Council with an update on COVID-19 and city events. Motion by Councilor Doucette, seconded by the Chair to adopt the following: ORDERED: That the Information on the MassDevelopment PACE (Property Assisted Clean Energy) program and impact/opportunities for Marlborough, referred to the CLIMATE RESILIENCY COMMITTEE; 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 $24,999.00 from the Executive Office of Public Safety and Security and the Department of Fire Services awarded to the Fire Department to be used to improve multi-jurisdictional communication capabilities; adopted. IN CITY COUNCIL 2 FEBRUARY 28, 2022 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $361,080.93 which moves funds from PEG Funds to Marlborough Cable Trust to fund the operation of WMCT-TV for FY2023, referred to the FINANCE COMMITTEE; adopted. Councilor Ossing read a Disclosure of Appearance of Conflict of Interest into the record. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That a West Side Fire Station Stabilization Fund is hereby established, by a two- thirds vote pursuant to MGL Chapter 40 §5B, for the purposes of funding all costs associated with site acquisition and construction of a new fire station in the west side of Marlborough, referred to the FINANCE 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 #14; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Solicitor Jason Grossfield, re: Petition from William Camuso on behalf of Camuso Enterprises, LLC, for hours of operation of a gas station (Shell Station) at 431 Lincoln Street pursuant to Chapter 342 of the Code, in proper legal form, Order No. 20/22-1008046C, MOVED TO AFTER AGENDA ITEM #13; adopted. IN CITY COUNCIL 3 FEBRUARY 28, 2022 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) Board of Registrars, February 14, 2022. b) Commission on Disabilities, June 1, 2021. c) Council on Aging, January 11, 2022. d) Planning Board, January 10, 2022. e) Traffic Commission, November 3, 2021 & December 29, 2021. Motion by Councilor Doucette, seconded by the Chair to adopt the following: ORDERED: That the following CLAIMS, referred to the LEGAL DEPARTMENT; adopted. a) Amanda Clark, 121 W. Acton Road, Stow, MA, pothole or other road defect. b) William Connor III, 133 Ash Street, #1, pothole or other road defect. c) Helen Cronis, 215 Evelina Drive, residential mailbox claim (2a). d) Raymond Magee, 793 Stevens Street, residential mailbox claim (2a). e) Steven Moran, 79 Donovan Drive, #186, Quinebaug, CT, pothole or other road defect. f) Ildus Nurlat, 99 Second Road, residential mailbox claim (2a). g) Lorna Rousseau, 140 Donahue Drive, residential mailbox claim (2a). h) Kathlyn Scheel, 62 Leoleis Drive, residential mailbox claim (2a). i) Dorai Sitaram, 48 Morrissey Road, residential mailbox claim (2a). Reports of Committees: Councilor Irish reported the following out of the Finance Committee: City Council Finance Committee Report and Minutes Wednesday – February 23, 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). Finance Committee Members Present: Chairman Irish; Councilors Dumais, Oram, Perlman and Brown. Finance Committee Members Absent: None Other Councilors in Attendance: Councilors Ossing, Robey, Navin and Landers (arrived 6:36 PM). The meeting convened at 6:30 PM. 1. Order No. 22-1008509 – Mid-Year Transfers $1,652,616.00: The Finance Committee reviewed the Mayor’s letter dated February 10, 2022 requesting $1,652,616.00 in mid-year transfers from various departments that fund contractual bargaining units, the vaccine incentive program and mid-year department budget transfers. The Finance Committee voted 5 - 0 to approve the mid-transfer. IN CITY COUNCIL 4 FEBRUARY 28, 2022 Reports of Committee Continued: • The Finance Committee agreed to support suspending the rules at the February 28, 2022, City Council meeting to approve the mid-year transfers. 2. Order No. 22-1008512 – Parking Enforcement Officer Salary Ordinance: The Finance Committee reviewed the Mayor’s letter dated February 10, 2022 requesting change to the salary ordinance Chapter 125 for the Parking Enforcement Officer. The change would increase the Parking Enforcement Officer to not exceed $25 per hour. The ordinance is in the process of being advertised. The Finance Committee voted 5 - 0 to approve the Parking Enforcement Officer salary ordinance change to not exceed $25 per hour. The Finance Committee adjourned at 7:31 PM. IN CITY COUNCIL 5 FEBRUARY 28, 2022 Motion by Councilor Irish, seconded by the Chair to adopt the following: Suspension of the Rules requested – granted. 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, 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 $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 6 FEBRUARY 28, 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 7 FEBRUARY 28, 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 8 FEBRUARY 28, 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 9 FEBRUARY 28, 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 10 FEBRUARY 28, 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 11 FEBRUARY 28, 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 12 FEBRUARY 28, 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 13 FEBRUARY 28, 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 Robey, seconded by the Chair to adopt the following: Suspension of the Rules requested – granted. ORDERED: That the Communication from the Mayor, re: Request that the City Council consider a Proposed Zoning Change regarding a portion of Jefferson Street, ORDERED ADVERTISED. Councilor Dumais recused. 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, APPROVED; adopted. 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, APPROVED; adopted. IN CITY COUNCIL 14 FEBRUARY 28, 2022 Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED That the Communication from Solicitor Jason Grossfield, re: Petition from William Camuso on behalf of Camuso Enterprises, LLC, for hours of operation of a gas station (Shell Station) at 431 Lincoln Street pursuant to Chapter 342 of the Code, in proper legal form, Order No. 20/22-1008046C, FILE; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED That the application of William Camuso on behalf of Leigh Enterprises, Ltd. (the “Petitioner” or “Holder”) to issue a permit to grant an exemption to the hours of operation under City Code Chapter 342, Article 1, Section 342-2, allowing the Shell Gas Station at 431 Lincoln Street to be open for business for certain additional hours is hereby approved in part, in accordance with the following findings and subject to the below conditions: A. Findings The City Council hereby finds that the petition may be granted, when limited and conditioned as set forth below, so that the public convenience and welfare may be substantially served without detrimental effect upon the public health, peace or safety. B. Permit Conditions 1. This permit authorizes a partial exemption to the hours of operation set forth in City Code 342-1 which is limited to the following: The service station located at 431 Lincoln Street, Marlborough may be open for business from 5:00 AM to 11:00 PM daily. The service station is not permitted to be open for business outside of those hours. 2. This permit is effective for a period of one (1) year from the date of approval of this permit. Thereafter, at the discretion of the City Council, it may be renewed for periods of up to five years. 3. In regard to both location and holder, the exemption shall be non-transferrable. 4. Petitioner shall install, maintain and use a video surveillance and video recording system to monitor entry ways and sales attendant positions. 5. Petitioner shall install and maintain a silent robbery/panic alarm system which must be monitored by a central alarm system. Alarm activators must be installed at all sales attendant positions. 6. Petitioner shall permit the Chief of Police or the Chief’s designee to inspect, upon demand, the video surveillance, video monitoring and alarm systems. If any of the systems are found to be not in compliance with these conditions, Petitioner must limit the hours of operation of the station to between 6:00 AM and 11:00 PM until full compliance with conditions is achieved. 7. Petitioner shall not permit or suffer any automotive repair work to be performed on the premises by any person. APPROVED; adopted. IN CITY COUNCIL 15 FEBRUARY 28, 2022 Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED That the Application for Special Permit from Attorney Falk on behalf of 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, referred to the CITY SOLICITOR TO BE PLACED IN PROPER LEGAL FORM FOR THE MARCH 14, 2022, COUNCIL MEETING; adopted. Councilor Brown recused. 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; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Brown, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. ORDERED There being no further business, the regular meeting of the City Council is herewith adjourned at 8:20 PM; adopted.