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, MAY 23, 2022 The regular meeting of the City Council was held on Monday, May 23, 2022, at 8:00 PM in City Council Chambers, City Hall. City Councilors Present: Ossing, Wagner, Doucette, Dumais, Brown, Irish, Navin, Landers, Oram & Perlman. Councilors Absent: Robey. Meeting adjourned at 8:47 PM. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, May 9, 2022, FILE; adopted. That the CONTINUED PUBLIC HEARING on the Petition from Massachusetts Electric and Verizon New England, to install a new pole and remove the old pole and install underground cable for city work around the pump station on Cullinane Drive, Order No. 22-1008586A, all were heard who wish to be heard, hearing closed at 8:03 PM, adopted. Councilors Present: Wagner, Doucette, Dumais, Brown, Irish, Navin, Landers, Oram, Ossing & Perlman. Councilors Absent: Robey. That the PUBLIC HEARING on the Petition from Massachusetts Electric, to replace three (3) sections of direct buried cable and replace with new primary cable in conduit on Stone Hill Road, Order No. 22-1008596, all were heard who wish to be heard, hearing closed at 8:06 PM, adopted. Councilors Present: Wagner, Doucette, Dumais, Brown, Irish, Navin, Landers, Oram, Ossing & Perlman. Councilors Absent: Robey. IN CITY COUNCIL 2 MAY 23, 2022 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $1,422,500.00 which moves funds from the Undesignated Fund to the West Side Fire Station Stabilization Account, APPROVED; adopted. 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 $11,233,713.00 $1,422,500.00 10000 35900 Undesignated Fund $1,422,500.00 83600 32900 Stab-West Side Fire Station $0.00 Reason: To transfer mitigation monies to Fire Station Stabilization $1,422,500.00 Total $1,422,500.00 Total Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Revolving Fund Spending Limits for the Public Safety Revolving Fund, the Parks and Recreation Revolving Fund, the Council on Aging Revolving Fund and the Water and Sewer Revolving Fund for Fiscal Year 2023, referred to the FINANCE COMMITTEE; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Mayor, re: Proposed Revision to Fiscal Year 2023 Budget submission, MOVED TO AGENDA ITEM #22; adopted. IN CITY COUNCIL 3 MAY 23, 2022 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $1,735,807.00 which moves funds from and to various accounts as outlined to cover expenses for several departments for the remainder of Fiscal Year 2022, referred to the FINANCE COMMITTEE; adopted. FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $11,233,713.00 $1,523,205.00 10000 35900 Undesignated Fund $320,205.00 14001203 51390 Overtime-Snow & Ice -$320,203.39 Reason: To fund the snow & ice deficit for FY22 $509,500.00 14001206 52960 Snow Removal -$508,853.57 Reason: $693,500.00 14001206 57040 Operating Expenses -$692,737.21 $1,523,205.00 Total $1,523,205.00 Total IN CITY COUNCIL 4 MAY 23, 2022 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $44,303 $7,500.00 60081006 55950 East Waste Water Treat Plant $15,000.00 60086006 52935 Solid Waste Disposal $7,335.00 Reason: Excess due to less chemicals purchased Due to increased sludge volume in March & April $29,542 $7,500.00 60085006 55980 West Waste Water Treat Plant Reason: Excess due to less chemicals purchased $40,016 $24,000.00 14001504 53140 Contract Services $50,000.00 11920006 52200 Natural Gas $20,905.00 Reason: Excess due to use of Parks Maintenance Revolving Cover natural gas expense thru end of Fiscal Year $72,052 $26,000.00 14001506 54640 Park Maintenance Reason: Excess due to use of Parks Maintenance Revolving $65,000.00 Total $65,000.00 Total IN CITY COUNCIL 5 MAY 23, 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 $135,298.63 $101,352.00 15430006 57710 Veteran's Benefits $1,770.00 11330001 50015 Finance Director/Treas $15,647.95 Reason: Number of veterans down from last year Reason: To fund through year end $28,215.38 $17,000.00 11510001 50172 As s t City Solicitor $550.00 11330002 50520 Principal Clerk $7,660.02 Reason: Prior vacancy Reason: To fund through year end $28,215.38 $1,000.00 11510001 50175 Paralegal $580.00 11520001 50530 HR Director $14,858.96 Reason: Prior vacancy Reason: To fund through year end $692.00 11920001 50690 Forem an $10,369.15 Reason: To fund through year end $240.00 12100001 50140 Police Chief $29,443.74 Reason: To fund through year end $370.00 14920001 50110 Recreation Director $13,160.68 Reason: To fund through year end $145.00 15120001 50220 Sealer of Weights $2,149.93 Reason: To fund through year end $480.00 15430001 50080 Veterans Director $10,071.60 Reason: To fund through year end $17,000.00 61090001 50740 Equipm ent Operators $97,112.53 Reason: To fund through year end $738.00 61090002 50520 Principal Clerk $7,466.95 Reason: To fund through year end $710.00 14001002 50520 Principal Clerk $15,382.43 Reason: To fund through year end $533.00 14001002 50550 Head Clerk $8,698.97 Reason: To fund through year end $1,465.00 14001303 50740 Equipm ent Operators $133,200.59 Reason: To fund through year end $217.00 60080001 50580 As s t Chem is t $8,898.24 Reason: To fund through year end $2,755.00 11920001 50680 General Forem an $11,967.97 Reason: To fund through year end $124.00 11920001 50292 Bldg Maint Crafts m an $26,197.46 Reason: To fund through year end $283.00 13032001 50690 Forem an $11,756.05 Reason: To fund through year end $14,000.00 11550006 53420 Telephone-City $0.00 Reason: To fund through year end $14,000.00 11550006 53421 Telephone-School $1,467.92 Reason: To fund through year end $5,700.00 11440004 53999 Other Services $448.11 Reason: To fund through year end $57,000.00 11510004 53110 Legal Services $10,309.11 Reason: To fund through year end $119,352.00 $119,352.00 IN CITY COUNCIL 6 MAY 23, 2022 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 $11,233,713.00 $28,250.00 10000 35900 Undesignated Fund $28,250.00 83600 32918 Stabilization-Open Space $519,077.10 Reason: To transfer annual wireless antennae payments received by the City in fiscal year 2021 to Open Space Stabilization $28,250.00 Total $28,250.00 Total Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $1,000,000.00 from the Undesignated Fund to Library Building Renovations to cover unanticipated cost overruns, referred to the FINANCE COMMITTEE; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: DPW/Facilities FISCAL YEAR: 2022 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $11,233,713.00 $1,000,000.00 10000 35900 Undesignated Fund $1,000,000.00 30052301 58255 Library Bldg Renovations $2,106,061.33 Reason: To fund overruns on the Library project $1,000,000.00 Total $1,000,000.00 Total IN CITY COUNCIL 7 MAY 23, 2022 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Mayor, re: Proposed Water Tank Maintenance Contract pursuant to MGL Chapter 40 §62 and Chapter 30B §12, MOVED TO AFTER AGENDA ITEM #14; 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 $14,816.90 from the 495/MetroWest Corridor Partnership awarded to Marlborough Economic Development Corporation (MEDC) to be used for a project at Union Common; 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 $60,000.00 from the Executive Office of Public Safety & Security and Homeland Security awarded to the Police Department to be used for the beginning phase of body camera/cruiser camera systems; 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 $185,000.00 as part of the Fiscal Year 2022 Earmark Funding awarded to the Department of Public Works for various projects throughout the city; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Grant Acceptance in the amount of $219,982.00 from Community Compact Cabinet’s Municipal Fiber Program awarded to Information Technology to be used to replace BANA copper network lines used for radio communications, referred to the FINANCE 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 $11,835,814.00 for the Coronavirus Local Fiscal Recovery Fund (CLFRF) money with revisions to projects as resubmitted by Mayor Vigeant; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the City Council of the City of Marlborough, pursuant to Massachusetts General Laws Chapter 40, §62 and Chapter 30B, §12, hereby authorize the Mayor to execute a contract, in substantially the form attached hereto, with SUEZ Advanced Solutions/Utility Service Co., Inc. for a term in excess of three years for the inspection, maintenance, repair, modification and asset management of water storage facilities, APPROVED; adopted. Motion by Councilor Doucette, seconded by the Chair to adopt the following: ORDERED: That the Communication from Solicitor Jason Grossfield, re: Executed settlement agreement in connection with litigation matter of WP Marlborough MA Owner, LLC v. Marlborough City Council (Land Court No. 21MISC000451), FILE; adopted. Motion by Councilor Oram, seconded by the Chair to adopt the following: ORDERED: That the Communication from Central MA Mosquito Control Project, re: Information on enhanced larval treatment plans for EEE mitigation in 2022, FILE; adopted. IN CITY COUNCIL 8 MAY 23, 2022 Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That Application for Renewal of Junk Dealer/Secondhand Dealer License, TVI, Inc., d/b/a Savers, 222A East Main Street, APPROVED WITH THE FOLLOWING CONDITIONS AND WAIVERS; adopted. Conditions 1. The license shall not be transferred without prior review and approval of the City Council. 2. The license hereby granted is issued to TVI, Inc. d/b/a Savers only and is applicable only to the 222A East Main Street location. 3. There will be no exterior storage, display or sales of merchandise, other than a recycle trailer, a cloth delivery trailer with items waiting to be processed, and a local trailer from one of Savers' charitable partners delivering merchandise to the store. No more than three such trailers and trucks shall be parked at the loading dock area in the rear of the building at any one time, and no such trailers or trucks shall be parked on any other side of the building at any time. 4. Donations shall take place only during the hours of operation which shall be 9:00 A.M to 9:30 P.M. Monday through Saturday and 10:00 A.M. to 7:00 P.M. on Sundays, and during the month of October from 9:00 A.M. to 10:00 P.M. Monday through Saturday and 10:00 A.M. to 10:00 P.M. on Sundays. 5. No Savers' donation boxes shall be permitted outside of the building. 6. No scrolling or rotating message signs shall be permitted as part of Savers' signage plans. 7. Glue boards shall be installed at locations within the business premises satisfactory to the Marlborough Board of Health and Savers, and a monthly monitoring program shall be implemented consisting of a logbook for said glue boards satisfactory to the Board of Health. 8. This license shall be subject to revocation or suspension for noncompliance of the above conditions or other applicable local ordinances or state laws. 9. The waivers granted as part of this license shall no longer be applicable should Savers commence paying the general public for merchandise delivered without first obtaining the review and approval of the City Council. Waivers 1. The waiver of Section 377-4 of the Ordinance as requested by Savers is not granted because Section 377-4 is not applicable to Savers' operations. 2. The waiver of Section 377-5 of the Ordinance is granted with respect to the last sentence thereof requiring the City Clerk to keep a list of persons employed by Savers. All other provisions of Section 377-5, other than the duty of the City Clerk to keep a record of the name and residence of each dealer, are not applicable to Savers. 3. The provisions of Sections 377-6, 377-7 and 377-9 of the Ordinance are waived in their entirety IN CITY COUNCIL 9 MAY 23, 2022 Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Application for renewal of Junk Dealer/Secondhand Dealer License from ecoATM, LLC, 601 Donald J. Lynch Boulevard, APPROVED; 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, April 12, 2022 & April 26, 2022. b) Conservation Commission, April 7, 2022. c) Planning Board, March 28, 2022 & April 11, 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) Joanna Gilantzis, 234 Lovell Street, Worcester, other property damage and/or personal injury. b) Chris Horman, 179 Helen Drive, other property damage and/or personal injury. c) David Kelber, 61 Burns Road, pothole or other road defect. d) Scott Richards, 8 Gagas Lane, residential mailbox claim (2a). e) Robert Cavalcanti, 359 Littlefield Lane, other property damage and/or personal injury. Reports of Committees: City Council Finance Committee May 16, 2022 Minutes and Report This meeting convened at 6:30 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). Voting Members: Chair Irish, Councilors Dumais, Perlman, and Brown; (Oram absent). Non-Voting Members: Councilors Ossing, Wagner, Doucette, and Robey. Others Present: DPW Commissioner Divoll, City Auditor Smith, Finance Director Jones and BOH Director Garside were present to address the following Orders. Order No. 22-1008591: Proposed Tax Increment Financing (TIF) Agreement with Solmetex, LLC and LPCH 1000 Nickerson L.P., who will be occupying 65,000 s.f. in a building located at 1000 Nickerson Drive, Map 88, Parcel 29, and Parcel 36 including portions thereof. Chair Irish reported the city was informed the petitioner has withdrawn the proposed TIF Agreement and he would entertain a motion to file. On a motion by Councilor Perlman, seconded by Chair Irish, the committee recommended the proposed TIF Agreement be filed as petitioner has withdrawn the application. Vote 4-0 (Oram absent). IN CITY COUNCIL 10 MAY 23, 2022 Reports of Committee Continued: Order No. 22-1008583: Proposed Amendment to the City Code Chapter 125, §6, “Salary Schedule” to amend the salary of the Sealer of Weights and Measures. This is to include an hourly rate Not to Exceed $25.00 Per Hour. Board of Health Director Garside stated a salary survey has proven the Sealer is underpaid for the 19-hour per week position. On a motion by Councilor Dumais, seconded by Chair Irish, the committee recommended approval of the amended salary ordinance to increase the Sealer of Weights and Measures to include an hourly rate Not to Exceed $25.00 Per Hour. Vote 4-0 (Oram absent). Order No. 22-1008579: Transfer Request in the amount of $698,083.18 for the Department of Public Works which moves funds from various accounts to Electricity ($652,083.18) to cover the cost of higher usage during COVID-19 and Overtime ($46,000.00) to cover costs in overtime due to hydrant flushing and water main breaks. DPW Commissioner Divoll addressed the electricity fund shortfall, explaining the city pays electricity costs for both the city and schools. Councilor Ossing stated the city is in a good position financially to cover the shortfall. He asked the committee to add language to the motion to approve the transfer and provided the language. On a motion by Councilor Perlman, seconded by Chair Irish, the committee recommended approval of the Transfer, (Order No. 22-1008579), under a suspension of the rules on May 23, 2022, contingent upon the Mayor’s approval of the transfer of the Phase 1 Green District mitigation funds in the amount of $1,422,500.00 from Undesignated Funds into the West Side Fire Station Stabilization Fund (Order No. 22-1008526A) Vote 4-0 (Oram Absent). Motion made and seconded to adjourn; the meeting adjourned at 7:16 PM. Councilor Dumais reported the following out of the Personnel Committee: City Council Personnel Committee May 16, 2022 Minutes and Report This meeting convened at 6:15 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 and Councilor Doucette (Councilor Navin absent). Also Present: Councilors Wagner; Perlman, Robey, Brown, Irish and Ossing. Order No. 22-1008582A: Reappointment of Joseph Bisol to the Council on Aging for term of four years to expire on May 4, 2026. On a motion by Councilor Doucette, seconded by Chair Dumais, the committee voted to recommend approval of the reappointment of Joseph Bisol to the Council on Aging for a term of four years to expire on May 4, 2026. Vote 2-0 (Navin Absent). IN CITY COUNCIL 11 MAY 23, 2022 Reports of Committee Continued: Order No. 22-1008582B: Appointment of Zella Haesche to the Council on Aging for a term of four years to expire on May 4. 2026. On a motion by Councilor Doucette, seconded by Chair Dumais, the committee voted to recommend approval of the appointment of Zella Haesche to the Council on Aging for a term of four years to expire on May 4, 2026. Vote 2-00 (Navin Absent). On a motion to adjourn by Councilor Doucette, seconded by Chair, all in favor, the meeting adjourned at 6:28 PM. Councilor Irish reported the following out of the Public Services Committee: City Council Public Services Committee May 16, 2022 Minutes and Report This meeting convened at 7:20 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: Acting Chair Irish and Councilor Brown; (Chair Landers was absent). Other Councilors present: Councilors Ossing, Wagner, Doucette, Dumais and Robey. Order No. 22-1008554: Petition from Mass Electric to relocate and install a new pole to remove a tree guy on AMORY ROAD. Comment from City Engineer DiPersio: Regarding Order 22-1008554: Petition of Massachusetts Electric to relocate and install a new pole to remove a tree guy on Amory Road, I offer the following: • The new pole P4 shall be located at least 5 feet from the edge of the driveway to #61 Amory Road. • National Grid and their contractor shall walk the job area with a representative of DPW/Engineering prior to start of work to review and approve of final location of the new pole. • A Street Opening Permit is required from DPW/Engineering, which will outline pavement repair limits and specifications, if applicable. • The standard road permit conditions shall also apply. On a motion by Councilor Brown, seconded by Acting Chair Irish, the committee voted to recommend approval of the petition by Mass Electric to relocate and install a new pole to remove a guy wire on Amory Road subject to the conditions submitted by City Engineer DiPersio. Vote 2-0 (Landers absent). Order No. 22-1008586: Petition from Mass Electric and Verizon New England to install a new pole and remove the old pole and install underground cable for city work around the pump station on CULLINANE DRIVE. IN CITY COUNCIL 12 MAY 23, 2022 Reports of Committee Continued: Comment from City Engineer DiPersio: Regarding Order 22-1008586: Petition of Massachusetts Electric and Verizon New England to install a new pole and remove the old pole and install underground cable for city work around the pump station on Cullinane Drive, I offer the following: • This work is necessary for the City’s pump station rehabilitation project, to accommodate the location of the new equipment. • National Grid and their contractor shall coordinate the work with the DPW/Engineering pump station project managers. • The attached standard conditions shall also apply. On a motion by Councilor Brown, seconded by Acting Chair Irish, the committee voted to recommend approval of the petition from Mass Electric and Verizon New England to install a new pole and remove the old pole and install underground cable for city work around the pump station on Cullinane Drive subject to the conditions submitted by City Engineer DiPersio. Vote 2-0 (Landers absent). Order No. 22-1008587: Application for Taxi/Livery License from Nathan Sebuliba d/b/a Indelible Homecare, Inc., to operate a Livery Service with one vehicle at 97 Neil Street. Remains in committee. Applicant did not appear. Order No. 22-1008558: Petition of New Cingular Wireless, PCS, LLC, (d/b/a AT&T) for 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. HEARING HELD ON APRIL 25, 2022 /EXP. 6/28/22 Comment from City Engineer DiPersio: Regarding the Petition of New Cingular Wireless, PCS, LLC (d/b/a AT&T) for a grant of location for one small cell wireless facility to be located on existing pole within the public right of way in the vicinity of 241 Forest Street. I have reviewed the proposed application and draft decision, and offer the following for your consideration: - The application indicates that the proposed equipment will be installed at a height of 11 feet above ground level as required by the Ordinance. - The application indicates that the antenna is to be mounted on an existing pole that is 38 feet six inches tall, with the antenna extending to a total height of 41 feet six inches. This is higher than the 35-foot maximum in accordance with the Ordinance. The Committee has dealt with this issue on previous petitions for similar antenna that were installed on existing poles of greater than 35 feet in height. I defer to the Committee’s decision on this but from an engineering standpoint I do not have an issue with allowing the equipment as proposed at this height at this particular location. Atty. Michael Dolan was present to address the petition with the committee and other councilors present. There were no questions regarding the draft decision submitted by Attorney Dolan on behalf of ATT. Replying to inquiries, Atty. Dolan stated that the facility is exclusive to ATT customers and that the normal turnaround for installation of the facility is 2-3 months. Councilor Dumais expressed concern regarding the impact of installation on the nearby AMSA School to which Atty. Dolan advised the installation of the facility could be coordinated with the start of the summer recess and he would so notify the company. IN CITY COUNCIL 13 MAY 23, 2022 Reports of Committee Continued: On a motion by Councilor Brown, seconded by Acting Chair Irish, the committee voted to recommend approval of the petition. Vote 2-0 Landers absent. Order No.22-1008570: Application for Special Permit from Cellco Partnership d/b/a Verizon Wireless to install a new stealth Wireless Communication Facility including an 80-foot stealth pole with accessory ground equipment at 739-769 Donald J. Lynch Boulevard (PUBLIC HEARING HELD ON MAY 9, 2022.) Carl Gehring addressed the special permit application on behalf of Verizon, submitting a picture of both the stealth pole and a standard monopole to illustrate the stark difference in height. He confirmed there was agreement from Verizon to the request of the Fire Department to reserve space for the City of Marlborough public safety antenna and a 6’x 6’ pad to be located within the enclosure for communications equipment. The Site Plan Review Committee by email dated May 12, 2022, at 3:04 PM provided comment to the Public Services Committee and suggested the public safety antenna installation be added to the draft decision as a condition for the City Council to consider. Site Plan members did not have an opinion on the color of the pole indicating the City Council should render a decision on the ultimate color of the pole. After discussion, the color Delorean Gray was suggested by Councilor Doucette. Chair Irish read the conditions; there were no objections or concerns. Petitioner agreed to submit a condition regarding the availability of space for public safety equipment. On a motion by Councilor Brown, seconded by Acting Chair Irish, the committee voted to recommend approval of the Special Permit, together with the draft decision as amended to include the public safety equipment, suggest the color of the stealth pole to be Delorean Gray, and to Suspend the Rules on May 23, 2022 to refer the matter to the City Solicitor to be drawn in proper form for placement on the City Council’s June 6, 2022 agenda. Vote 2-0 (Landers absent). On a motion by Councilor Brown, seconded by the Acting Chair, all in favor, the meeting adjourned at 7:54 PM. IN CITY COUNCIL 14 MAY 23, 2022 Suspension of the Rules requested – granted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $698,083.18 for the Department of Public Works, which moves funds from various accounts to Electricity ($652,083.18) to cover the cost of higher usage during COVID-19 and Overtime ($46,000.00) to cover costs in overtime due to hydrant flushing and water main breaks, APPROVED; adopted. 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 $38,000 $38,000.00 14003006 52920 Rubbish Collection $203,172.10 13032006 52120 Electricity $5,418 Reason: Available funds from Credit Due to increased energy usage as a result of Covid-19 $82,633 $82,000.00 14003006 52925 Curbside Recycling Reason: Available funds from Credit and Grant $48,122 $13,700.00 14001101 50660 Assistant City Engineer Reason: Excess due to prior vacancy $36,922 $36,922.10 14001101 50700 Senior Engineering Aide Reason: Excess due to vacancy $68,002 $24,550.00 14001101 50710 Junior Civil Engineer Reason: Excess due to vacancy $8,000 $8,000.00 14001103 51240 Temporary Part-Time Reason: Excess due to vacancy $203,172.10 Total $203,172.10 Total IN CITY COUNCIL 15 MAY 23, 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 $6,000 $6,000.00 14001303 51240 Temporary Part-Time $82,350.00 13032006 52120 Electricity $5,418 Reason: Excess due to no part time help used Due to increased energy usage as a result of Covid-19 $55,416 $20,150.00 14001403 50745 Equipment Operator Reason: Excess due to prior vacancy $212,314 $44,200.00 14001503 50740 Equipment Operator Reason: Excess due to vacancy $24,602 $7,000.00 14001503 51240 Temporary Part-Time Reason: Excess due to less summer help in summer 2021 $5,000 $5,000.00 14003003 51470 Interim Foreman Reason: Excess due to vacancy at East Plant SMEO $82,350.00 Total $82,350.00 Total IN CITY COUNCIL 16 MAY 23, 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 $16,289 $16,289.40 60081001 50750 Equipment Operator $39,416.08 13032006 52120 Electricity $5,418 Reason: Excess due to vacancy Due to increased energy usage as a result of Covid-19 $13,018 $2,500.00 60085001 50750 Equipment Operator Reason: Excess due to vacancy $71,872 $14,000.00 60085001 50850 Treatment Plant Op Reason: Excess due to prior vacancy $6,626 $6,626.68 11920001 50291 Asst. Comm of Utilities Reason: Excess due to vacancy $39,416.08 Total $39,416.08 Total 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 $65,523 $35,350.00 11920003 50560 Custodian $10,350.00 13032006 52120 Electricity $5,418 Reason: Excess due to vacancy Due to increased energy usage as a result of Covid-19 $25,000.00 61090003 51310 Overtime $16,871 Reason: Due to water main breaks and hydrant flushing $37,795 $37,795.00 13032001 50291 Asst. Comm of Utilities $21,000.00 61090003 51310 Overtime $16,871 Reason: Excess due to vacancy Due to water main breaks and hydrant flushing $16,795.00 13032006 52120 Electricity $5,418 Reason: Due to increased energy usage as a result of Covid-19 $73,145.00 Total $73,145.00 Total IN CITY COUNCIL 17 MAY 23, 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 $76,113 $50,000.00 11970006 51730 City Unemployment $300,000.00 13032006 52120 Electricity $5,418 Reason: Reduced claims Due to increased energy usage as a result of Covid-19 $266,979 $250,000.00 13100003 51730 School Unemployment Reason: Reduced claims $300,000.00 Total $300,000.00 Total Suspension of the Rules requested – granted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That 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 CITY SOLICITOR TO BE PLACED IN PROPER LEGAL FORM FOR THE JUNE 6, 2022, COUNCIL MEETING; adopted. Suspension of the Rules requested – granted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED That the Application for a Special Permit and Site Plan Approval from Cellco Partnership d/b/a Verizon Wireless to install a new stealth Wireless Communication Facility, including an 80-foot stealth pole with accessory ground equipment at 739-769 Donald J. Lynch Boulevard, referred to the CITY SOLICITOR TO BE PLACED IN PROPER LEGAL FORM FOR THE JUNE 6, 2022, COUNCIL MEETING; adopted. IN CITY COUNCIL 18 MAY 23, 2022 Motion by Councilor Doucette, seconded by the Chair to adopt the following: ORDERED: That the Proposed Zoning Map Amendment for parcels of land located on Jefferson and a small portion of Lincoln Streets, identified as Map 56, Parcels 147, 148, 150, 151, 152, & 153 in addition to Map 56, Parcels 154, 155, 156, 157 & 158, be and is herewith referred to the CITY SOLICITOR TO BE PLACED IN PROPER LEGAL FORM FOR THE JUNE 6, 2022, COUNCIL MEETING; adopted. Councilor Dumais Recused. Motion by Councilor Doucette, seconded by the Chair to adopt the following: ORDERED That the Fiscal Year 2023 Budget as submitted by Mayor Vigeant in the amount of $181,260,899.00 which represents a 4.18% increase over the Fiscal Year 2022 appropriation be further modified at the request of the Mayor to increase the total Fiscal Year 2023 Appropriation to $181,309,899.00 by adding $49,000.00 to the following account: Department Account # Increase Description 1410 50770 $49,000.00 Assessor Senior Clerk It is further Ordered that the Fiscal Year 2023 Operating Budget in the amount of $181,309,899.00 as proposed by Mayor Vigeant, be further modified by REDUCING the following accounts: Department Account # Reduction Description 1410 53180 ($50,000.00) Assessor Prof & Tech Services 1410 50520 ($51,300.00) Assessor Principal Clerk 1520 50775 ($5,500.00) Human Resources Admin Assistant 1920 52120 ($100,000.00) Property & Building Electricity Maintenance 1990 57820 ($200,000.00) Other Government Reserve for Salaries 3032 52120 ($100,000.00) Maintenance Schools Electricity 9300 58595 ($300,000.00) Capital Projects City Hall Equipment TOTAL REDUCTION ($806,800.00) Therefore, the City Council of the City of Marlborough APPROVES a Fiscal Year 2023 Operating Budget for the City in the amount of $180,503,099.00, which represents a 3.7% increase from the Fiscal Year 2022 appropriation or an increase of $6,519,735.00, APPROVED; adopted. President Ossing called a recess at 8:42 PM and returned to open meeting at 8:44 PM. IN CITY COUNCIL 19 MAY 23, 2022 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the City Council hereby clarifies for the record that there is only one transfer in the amount of $5,092,666.66 from the Undesignated Fund to Land Acquisition associated with Order No. 21/22-1008402A and Order No. 21/22-1008402B, APPROVED; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the City Council hereby OVERRIDES by two thirds vote, pursuant to Section 55 of Division 1 of the City Charter the Mayor’s veto of Council Order 21/22-1008402A- 2, as set forth in the Mayor’s letter dated April 21, 2022 (copy attached hereto), relative to the Proposed Order to authorize the Mayor to acquire the real property located at 100 Locke Drive (Map 54 Parcel 14) for municipal purposes, by purchase or eminent domain for a total amount not to exceed $5,092,666.66; adopted. President Ossing declared that this matter passed by a vote of 10-0. (Councilor Robey absent). Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the City Council hereby OVERRIDES by two thirds vote, pursuant to Section 55 of Division 1 of the City Charter the Mayor’s veto of Council Order 21/22-1008402B- 3, as set forth in the Mayor’s letter dated April 21, 2022 (copy attached hereto), relative to the Transfer Request in the amount of $5,092,666.66 from the Undesignated Fund (Account 10000 35900) to Land Acquisition (Account 19300006 58120) to fund the acquisition of the real property located at 100 Locke Drive (Map 54 Parcel 14) for municipal purposes, by purchase or eminent domain; adopted. President Ossing declared that this matter passed by a vote of 10-0. (Councilor Robey absent). 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 8:47 PM; adopted.