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, MARCH 28, 2022 The regular meeting of the City Council was held on Monday, March 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 9:17 PM. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, March 14, 2022, FILE; adopted. Motion by Councilor Robey, seconded by the Chair to move up Public Hearing - adopted That the PUBLIC HEARING on the the Petition from Massachusetts Electric, to replace direct buried cable for Woodland Estates with 5457’of 1-2” cable in conduit install 85’ of 2-3” conduit from riser poles to pullboxes, 10 pullboxes, 1 heavy duty handhole, 1 junction box, replace 3 submersible transformers with pad mounted transformers and replace 4 risers to install 1-2” cable in conduit via directional drilling on Vega Road, Order No. 22-1008541, all were heard who wish to be heard, hearing closed at 8:11 PM, adopted. Councilors Present: Wagner, Doucette, Dumais, Brown, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey. Motion by Councilor Robey, seconded by the Chair to TABLE the update from the Mayor Vigeant until he is available or to move it to the end of the agenda – adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: Suspension of the Rules requested to allow the Mayor to speak – granted. ORDERED: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Grant Acceptance in the amount of $25,000.00 from the Massachusetts Attorney General’s Office awarded to the City of Marlborough to be administered through the Human Services Office, for fuel assistance for Marlborough residents in need; adopted. Motion by Councilor Robey, seconded by the Chair to REMOVE FROM THE TABLE the update from Mayor Vigeant – adopted. IN CITY COUNCIL 2 MARCH 28, 2022 Mayor Vigeant addressed the City Council and provided information on COVID-19 and city events, he then stated that he had no new information relative to the Fire Station as all the information was provided during the Finance Committee meeting. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Statement of Interest for Marlborough Public Schools to the Massachusetts School Building Authority (MSBA) relative to the Richer School, referred to the FINANCE COMMITTEE; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Request from Solicitor Jason Grossfield to present information regarding Chapter 358 of the Acts of 2020, Multi-Family Zoning Requirements, be placed on the CITY COUNCIL AGENDA FOR APRIL 11, 2022; adopted. Motion by Councilor Perlman, seconded by the Chair to adopt the following: ORDERED: That the Communication from Solicitor Jason Grossfield, re: Sewer and Drainage Easements relative to certain parcels on Lacombe Street, in proper legal form, Order No. 22-1008516, MOVED TO REPORTS OF COMMITTEE; adopted. Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Communication from Planning Board, re: Howes Landing Subdivision, Recommended acceptance of Gikas Lane as a Public Way, referred to the PUBLIC SERVICES COMMITTEE AND LEGAL DEPARTMENT; adopted. Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY APRIL 11, 2022, as the DATE FOR PUBLIC HEARING, on the Petition from Massachusetts Electric to relocate and install a new pole to remove a tree guy on Amory Road, referred to the PUBLIC SERVICES COMMITTEE; adopted. Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Application for Renewal of Junk Dealer/Secondhand Dealer License, Antoine Bitar, d/b/a Hannoush Jewelers, 601 Donald J. Lynch Boulevard, APPROVED CONTINGENT UPON SUCCESSFUL CORI CHECK BY THE POLICE CHIEF; adopted. Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Application for Renewal of Junk Dealer/Secondhand Dealer License, Gerald Dumais, d/b/a Dumais & Sons Secondhand Store, 65 Mechanic Street, APPROVED CONTINGENT UPON SUCCESSFUL CORI CHECK BY THE POLICE CHIEF; adopted. Councilor Dumais recused. Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Application for Renewal of Junk Dealer/Secondhand Dealer License, Roman Kimyagarov, d/b/a Arthur & Sons Shoe Repair, 107 Main Street, APPROVED CONTINGENT UPON SUCCESSFUL CORI CHECK BY THE POLICE CHIEF; adopted. IN CITY COUNCIL 3 MARCH 28, 2022 Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY APRIL 11, 2022, as the DATE FOR PUBLIC HEARING, on the Petition of New Cingular Wireless, PCS, LLC (d/b/a AT&T) for a grant of location for one (1) small cell wireless facility to be located on an existing pole within the public right of way in the vicinity of 241 Forest Street, referred to the PUBLIC SERVICES COMMITTEE; 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) Conservation Commission, February 17, 2022 & March 3, 2022. b) Historical Commission, January 20, 2022. c) Municipal Aggregation Committee, March 22, 2022. d) Planning Board, February 14, 2022. e) Zoning Board of Appeals, March 8, 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) Sarah Ayaz, 8 Eureka Street, #1, Worcester, pothole or other road defect. b) Beth Bryant, 15 Farm Road, pothole or other road defect. c) Anthony Giovane, 75 Roosevelt Street, Hudson, MA, pothole or other road defect. d) Laura Henderson, 53 Clearview Drive, pothole or other road defect. e) Matthew Pfleger, 16 Birchwood Lane, Hopkinton, pothole or other road defect. Reports of Committees: Councilor Dumais reported the following out of the Personnel Committee: City Council Personnel Committee March 21, 2022 Minutes and Report This meeting convened at 6:03 PM in the City Council Chamber and was open to the public. The meeting was televised on WMCT-TV (Comcast Channel 8) or 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). Voting members present: Chair Dumais, Councilors Navin and Doucette. Other members present: Councilors Wagner, Perlman, Robey, Brown, Irish and Ossing. Councilors Oram & Landers arrived after the convening of the meeting. Order No. 22-1008511: Reappointment of George LaVenture to the Planning Board for a five-year term to expire on February 1, 2027. On a motion by Councilor Doucette, seconded by Chair Dumais, the committee voted to recommend approval of the reappointment of George LaVenture to the Planning Board for a five-year term to expire on February 1, 2027. Vote 3-0. Motion made and seconded to adjourn; the meeting adjourned at 6:12 PM. IN CITY COUNCIL 4 MARCH 28, 2022 Reports of Committee Continued: Councilor Perlman reported the following out of the Legislative & Legal Affairs Committee: City Council Legislative & Legal Affairs Committee March 21, 2022 Minutes and Report This meeting convened at 7:24 PM since several other Council meetings occurred that evening. It was held in the City Council Chamber on the second floor of 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 Perlman, Councilors Oram, and Robey. Other Councilors Present: Councilors Brown, Doucette, Dumais, Irish, Landers, Navin, Ossing, and Wagner. Also Present: City Engineer DiPersio, Applicant Paul DiTullio and Peter Bemis of Engineering Design Consultants, Inc. Order No. 22-1008516: Communication from Engineering Design Consultants on behalf of Lacombe Business Center re: Sewer Taking and Easement Relative to certain parcels on Lacombe Street. Chair Perlman thanked the City Engineer and City Solicitor for preparing materials in advance for the Committee packet regarding the background history of this order number. Engineer DiPersio explained the background history of the Lacombe Business Center which was on land previously owned by the city. Before the City sold the land, it kept a piece of land around the sewer line and maintained ownership. Historically, this strip of land came to be known as an easement in the 1960s. There is nothing in the chain of title demonstrating that the city gave up its ownership of this strip of land. This order requests that the City release its ownership of this land over the sewer, so it is officially in the title and the City still retains the easement rights. Additionally, the applicant is making an adjustment to a drain easement on another part of the property that the City has rights to in order to make the easement reflect what is on the ground. Mr. Bemis of Engineering Design Consultants, Inc. agreed that the language was supported by the applicant and agrees with the Engineer’s comments. Councilor Oram then asked a question regarding whether any work is needed at the sewer pipe in question and recommended the sewer pipe be inspected. Engineer DiPersio responded this had not been checked but the city still maintains access to the area given the easement. Councilor Robey highlighted that the property consists of multiple buildings that are not directly on the easement. She brought up the question of outside storage. Mr. Bemis responded that nothing was there and that this easement area is the old extension of Brook Street. The stretch in question is mostly paved and open without any structures. Councilor Robey moved to approve the order, which includes authorizing the Mayor to execute the deeds, accept the sewer easement, and authorizes the Mayor to execute an amendment to the easement and release the attached deeds. Following comments from Councilor Ossing, Chair Perlman added the request for the documents to be in proper form from the City Solicitor for our next meeting. Chair Perlman seconded Councilor Robey’s motion and asked committee members if they would support a suspension request at the March 28th meeting. The motion carried 3-0. IN CITY COUNCIL 5 MARCH 28, 2022 Reports of Committee Continued: On a motion made by Councilor Robey, seconded by Chair Perlman, and approved 3-0, the Committee adjourned at 7:37 PM. Councilor Oram reported the following out of Operations & Oversight Committee: Operations and Oversight Committee March 21, 2022 Minutes and Report This meeting convened at 6:13 PM in the City Council Chamber and was open to the public. The meeting was televised on WMCT-TV (Comcast Channel 8) or 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). Voting members present: Chair Oram, Councilors Dumais and Doucette. Non-voting members present: Councilors Wagner, Perlman, Robey, Brown, Irish, Navin, Landers and Ossing. Order No. 22-1008513: Succession Planning Project Information submitted by Mayor Vigeant. Voting and non-voting councilors discussed the procedural steps necessary regarding the Succession Plan information submitted by the Mayor, some with the opinion that it is the job of the Mayor to take steps to move forward with any of the suggested changes in the plan and Chair Oram believing the City Council could take a more active role. On a motion by Councilor Dumais, seconded by Councilor Doucette, the committee voted to recommend that the Succession Planning Project Information be referred back to the Mayor. Vote 2 -1 Carries; (Councilors Dumais & Doucette in favor; Chair Oram opposed). Motion made and seconded to adjourn; the meeting adjourned at 6:42 PM. Councilor Irish reported the following out of Finance Committee: City Council Finance Committee March 21, 2022 Minutes and Report This meeting convened at 7:38 PM and was held in the City Council Chamber and open to the public. The meeting was televised on WMCT-TV (Comcast Channel 8) or Verizon/Fios Channel 34) and was available for viewing using the link under the Meeting Videos tab on the city’s website, home page (www.marlborough-ma.gov). Members Present: Chair Irish, Councilors Dumais, Perlman, Oram and Brown Other Councilors Present: Councilors Ossing, Wagner, Doucette, Robey, Navin and Landers. Also present were Mayor Vigeant, Fire Chief Breen and City Auditor Smith. The committee reviewed the following Four (4) Council Orders: Order No. 22-1008525: Transfer in the amount of $361,080.93 from PEG Funds to Marlborough Cable Trust to fund the operation of WMCT-TV for FY2023. IN CITY COUNCIL 6 MARCH 28, 2022 Reports of Committee Continued: On a motion by Councilor Dumais, seconded by Chair Irish, the committee voted to recommend approval of the transfer to fund the operation of WMCT-TV as submitted. Vote 5-0. The Chair will request a Suspension of the Rules to approve this budget on March 28, 2022. Order No. 22-1008526: Proposed Order for the establishment of the West Side Fire Station Stabilization Account. On a motion by Councilor Dumais, seconded by Chair Irish, the committee voted to recommend approval of the establishment of the West Side Fire Station Stabilization Account as submitted by Mayor Vigeant. Vote 5-0. The committee discussed the following Orders regarding the proposed West Side Fire Station: Order No. 21-1008402B-2: Proposed amended Transfer request relative to the acquisition of 100 Locke Drive for a new Fire Station clarifying the funding sources. and: Order No. 21-1008402A-1: Proposed Order to authorize the purchase of 100 Locke Drive for the purpose of building a new Fire Station. On a motion by Councilor Dumais to remove the word “Stabilization” for the word “Undesignated” in the Order authorizing the City to acquire real property located at 100 Locke Drive; authorize an appropriation from Undesignated Fund in the amount of $5,092,666.66 to provide funding for said acquisition and authorize Mayor to accept a deed for said property at 100 Locke Drive, the committee voted to approve the Order as amended. Vote 5-0. On motion by Councilor Oram, seconded by Chair Irish, to approve the amended transfer to clarify funding sources as submitted from Mayor Vigeant, the committee voted to approve the transfer. Vote 5-0. Motion made and seconded to adjourn; the meeting adjourned at 9:15 PM. Councilor Doucette gave an oral report regarding the meeting of the Climate Resiliency Committee held on March 21, 2022. Motion by Councilor Perlman, seconded by the Chair to adopt the following: ORDERED: That the Communication from Solicitor Jason Grossfield, re: Sewer and Drainage Easements relative to certain parcels on Lacombe Street, in proper legal form, Order No. 22-1008516, FILE; adopted. IN CITY COUNCIL 7 MARCH 28, 2022 Motion by Councilor Perlman, seconded by the Chair to adopt the following: Suspension of the Rules requested – granted. ORDERED: That the City Council for the City of Marlborough having received a request on behalf of Lacombe Business Center and Jeffery Furmanick and Jonathan White, Trustees of the 58 and 62 Lacombe Street Trust (collectively the “Requesters”) to release any rights that the City of Marlborough may own in a certain thirty (30’) foot strip of land (the “Sewer Land”) which may have previously been taken or reserved for municipal sewer purposes, and to affirmatively grant a sewer easement over said Sewer Land in favor of the City of Marlborough, located within the properties known as 44, 51, 58, and 62 Lacombe Street, Marlborough, MA, and where the City Engineer has confirmed that to the extent the City may own any such rights in the Sewer Land they are no longer needed for a public purpose provided that the City maintains a sewer easement over the Sewer Land, and further, Requester Lacombe Business Center and the City, upon the recommendation of the City Engineer, seek to amend certain drainage and flow easements previously granted to the City at the time of the Street Acceptance of the Lacombe Street Extension in order to clarify the location of the easement areas over the properties known as 51, 61, and 65 Lacombe Street, Marlborough, MA, In furtherance of the above, the City Council hereby authorizes the following: (1) The Mayor is authorized to execute release deeds in connection with any rights held by the City in the Sewer Land substantially in the form attached hereto; (2) The City hereby accepts the sewer easements in the Sewer Land substantially in the form attached hereto, reflecting the area shown as “Proposed 30’ Wide Sewer Easement” as shown on the plan prepared by Engineering Design Consultants, Inc. titled Proposed Lotting & Sewer Easement Exhibit, Sheet 2 of 2, Date: February 7, 2022; (3) The Mayor is authorized to execute an Amendment to Easement in connection with the above-referenced drainage and flow easements held by the City substantially in the form attached hereto, reflecting the amended area as shown on the plan referenced therein; and (4) The release deeds, sewer easements, and amendment to easement shall be recorded together contemporaneously by the requesters. All costs associating with recording all necessary documents and plans referenced herein with the Registry of Deeds shall be the responsibility of the requesters, and a copy of all recorded documents shall be contemporaneously filed by the requesters with the City Engineer and City Solicitor. APPROVED; adopted. IN CITY COUNCIL 8 MARCH 28, 2022 Motion by Councilor Irish, seconded by the Chair to adopt the following: Suspension of the Rules requested – granted. 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, APPROVED; adopted. Councilor Ossing filed a Disclosure of Appearance of Conflict of Interest for the record. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Mayor FISCAL YEAR: 2022 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $439,542.81 $361,080.93 27000099 47750 Receipts Reserved-PEG Funds $361,080.93 89000 25581 Marlboro Cable Trust $0.00 Reason: To fund WMCT'S FY23 Budget $361,080.93 Total $361,080.93 Total ORDERED There being no further business, the regular meeting of the City Council is herewith adjourned at 9:17 PM; adopted.