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, JUNE 27, 2022 The regular meeting of the City Council was held on Monday, June 27, 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 8:27 PM. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, June 6, 2022, FILE; adopted. That the PUBLIC HEARING on the Petition from Massachusetts Electric and Verizon New England, to relocate Pole 13-5, eight (8) feet to the right on Cedar Hill Street, Order No. 22-1008623, all were heard who wish to be heard, hearing closed at 8:02 PM, adopted. Councilors Present: Wagner, Doucette, Dumais, Brown, Irish, Navin, Landers, Oram, Ossing & Perlman. Councilors Absent: Robey. Suspension of the Rules requested – Motion by Councilor Landers, seconded by the Chair to remove from the Public Services Committee Order No. 22-1008623 – granted. Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Petition from Massachusetts Electric and Verizon New England, to relocate Pole 13-5, eight (8) feet to the right on Cedar Hill Street, APPROVED WITH THE FOLLOWING CONDITIONS; adopted. 1. Any necessary easements are to be obtained from affected property owners. 2. A street opening permit must be applied for by the proposed contractor performing the work. 3. The contractor performing the work must obtain a street opening bond with the City of Marlborough. 4. The contractor shall provide the Engineering Division preconstruction photos of driveways, sidewalks, lawn areas, and roadway areas impacted by all construction activities. 5. A proper staging area is to be located/acquired before work commences – material and equipment is not to be parked/stockpiled within the city right of way and or private property unless permission is granted in writing by the property owner. IN CITY COUNCIL 2 JUNE 27, 2022 6. The contractor is to ensure residents are always able to enter and exit their driveways (have necessary steel plating on site and accessible). 7. Ensure construction safety controls are established (signage, drums, police details, etc...) and are in accordance with the latest MUTCD standards. 8. Trench backfilling, compacting, temporary, and final paving are to be done in accordance with the City of Marlborough standard trenching details. 9. Trenches are to be paved or completely backfilled and compacted at the end of each workday. Trenches are never to be left unattended. 10. Post construction loaming and seeding are to be done in accordance with the 1995 MHD Standard Specifications sections 751 & 765. 11. Proposed utility pole(s) shall not put any sidewalks or sidewalk ramps into non- compliance with current ADA standards. Motion by Councilor Wagner, seconded by the Chair to adopt the following: ORDERED: That the Communication from Councilors Ossing & Wagner, re: Municipal Aggregation – June 2022 Update, FILE; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Grant Acceptance in the amount of $190,000.00 from the Massachusetts Department of Conservation & Recreation awarded to the IT Department to be used for the procurement of new online permitting software; 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 $446,879.24 from the Commonwealth of Massachusetts, Winter Recovery Assistance Program (WRAP) awarded to the Department of Public Works to be used for road and sidewalk repairs throughout the year; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Proposed Amendment to the City Code, Chapter 125 §6 “Salary Schedule” to amend the stipends for the Board of Registrars and Assistant Registrar as submitted by the City Clerk, referred to the 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 Registrar of Voters, Chair $500.00 Registrar of Voters $500.00 Assistant Registrar of Voters $750.00 II. This ordinance shall supersede and replace any existing rate for said position(s) in the current salary schedule. IN CITY COUNCIL 3 JUNE 27, 2022 Suspension of the Rules requested by Councilor Doucette to allow the City Clerk to speak – granted. Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the City of Marlborough, by its City Council, hereby votes pursuant to Section 33I of Chapter 54 of the General Laws of Massachusetts to use approved electronic poll books for elections, APPROVED; adopted. Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY JULY 25, 2022, as the DATE FOR PUBLIC HEARING, on the Petition from Massachusetts Electric and Verizon New England, to install new Pole 3 and anchor, needed for height clearance on Allen Court, 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) School Committee, May 10, 2022 & May 24, 2022. b) Conservation Commission, April 21, 2022 & May 5, 2022. c) Historical Commission, March 17, 2022 & April 21, 2022. d) Library Trustees, May 3, 2022. e) Planning Board, May 9, 2022. f) Zoning Board of Appeals, April 26, 2022 & May 10, 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) Yvette Diaz, 51 Christie Way, #51E, pothole or other road defect. b) Downtown Marlboro LLC, 11 Court Street, other property damage and/or personal injury. c) Michael Murdock, 149A Elm Street, pothole or other road defect. IN CITY COUNCIL 4 JUNE 27, 2022 Reports of Committees: Councilor Doucette reported the following out of the Urban Affairs Committee: City Council Urban Affairs Committee June 8, 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). Urban Affairs & Housing Committee voting members present were Chairman Katie Robey, Councilor Doucette, Councilor Landers, Councilor Navin, and Councilor Wagner. Other Councilors present were Brown, Irish, Oram and Ossing. Present for the applicant were Jim Lambert, Managing Director Wood Partners; Mike Binette, architect from The Architectural team, Inc.; Phil Cordeiro, Allen & Major Associates, Inc.; and Attorney Brian Falk Order No. 22-1008572 Application for Special Permit from Attorney Brian Falk, on behalf of Alta Marlborough, LLC (Wood Partners) to build a mixed-use project in the neighborhood business district consisting of 10,074 square feet of ground floor retail and commercial space, 276 dwelling units in addition to an on-site parking garage with 448 spaces to be located at the corner of Lincoln and Mechanic Streets. The chair called the meeting to order. Attorney Falk gave an update since the close of the Public Hearing on May 9th including the approvals for zoning map and zoning amendments which puts the site entirely within the Neighborhood Business District and offers the council ability to modify aspects of project through the special permit process and a review of the balloon test on May 18. He briefly discussed specific information in the draft Special Permit that was provided to council. This project was given preliminary review by the Site Plan Review Committee (SPRC) on April 26th and if the special Permit is approved, will go back to SPRC for final review, add their conditions and sign off on project. Details of the $1M given by city to Marlborough Economic Development Corporation (MEDC) to purchase property vs the land swap detailed in the Special Permit were discussed. Other issues from councilors included request to have applicant pay for a peer review of the Traffic Impact Assessment; use of natural gas for heating and preference for an all-electric building; use of geo- thermal and solar panels; preference for 15% of affordable units even though this is mixed-use, not multi-family and affordable housing requirements do not apply; request for copy of the land swap agreement with MEDC; and peer review of the fiscal analysis. The chair went through the comments received from both Conservation Officer Priscilla Ryder and City Engineer Tom DiPersio and then completed its review of petitioner’s proposed draft decision for the Grant of a Special Permit. The applicant will be on the agenda for the SPRC meeting of June 14th and the Urban Affairs will continue this discussion at a meeting on June 15, 2022. Councilor Doucette moved to adjourn; it was seconded and carried 5-0. The meeting adjourned at 7:58 PM. IN CITY COUNCIL 5 JUNE 27, 2022 Reports of Committee Continued: City Council Urban Affairs Committee June 15, 2022 Minutes and Report This meeting convened at 7:00 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). Urban Affairs & Housing Committee voting members present were Chairman Katie Robey, Councilor Doucette, Councilor Landers, Councilor Navin, and Councilor Wagner. Other Councilors present were Brown, Irish, Perlman, and Ossing. Present for the applicant were Jim Lambert, Managing Director Wood Partners; Mike Binette, architect from The Architectural team, Inc.; Phil Cordeiro, Allen & Major Associates, Inc.; and Attorney Brian Falk. Continued review of Order No. 22-1008572-Application for Special Permit from Attorney Brian Falk, on behalf of Alta Marlborough, LLC (Wood Partners) to build a mixed-use project in the neighborhood business district consisting of 10,074 square feet of ground floor retail and commercial space, 276 dwelling units in addition to an on-site parking garage with 448 spaces to be located at the corner of Lincoln and Mechanic Streets. Councilors received comments from Priscilla Ryder from the SPRC June 14 meeting as well as observations and comments on the Fiscal Analysis from John Valade, Principal Assessor. Attorney Falk provided an updated red-line Grant of Special Permit draft decision based on comments from SPRC. The chair read through the changes to conditions which included: #4 Modification of Plans-SPRC may approve minor amendments that wouldn’t increase the total number of bedrooms above 440; #7 Rail Trail Lot-adding Public Amenity/Restroom building” and adding language clarifying when this parcel would be conveyed to city and that SPRC would determine the final design of the Public Amenity/Restroom building and where it would be located; #10 Neighboring Properties at 91, 103 and 103A Mechanic St. adding in language for SPRC to engage an outside transportation engineer to provide a peer review of applicant’s Transportation Impact Assessment with any additional safety improvements reviewed as part of SPRC and added to its conditions; adding in 2 new conditions, one regarding landscaping and one specifying the site will provide all-electric utilities and have a green roof. Additional amendments agreed to were adding Public Amenity/Restroom to #7 and adding a new #17-regarding compliance with the Land Swap Agreement with Marlborough Economic Development Corporation. Councilor Doucette moved to approve the Grant of Special Permit as amended by the applicant and further amended at the June 15, 2022, Urban Affairs and Housing meeting; motion was seconded and carried 5-0. This will be reported out at the June 27, 2022, City Council meeting with request to Suspend to refer this to Solicitor to be placed on the July 25, 2022, agenda in proper form. Councilor Doucette moved to adjourn; it was seconded, and vote carried 5-0. Meeting adjourned at 7:56 pm. IN CITY COUNCIL 6 JUNE 27, 2022 Suspension of the Rules requested – granted. Motion by Councilor Doucette, seconded by the Chair to adopt the following: ORDERED: That the Application for Special Permit from Attorney Brian Falk, on behalf of Alta Marlborough, LLC (Wood Partners), to build a mixed-use project in the Neighborhood Business District consisting of 10,074 square feet of ground floor retail and commercial space, 276 dwelling units in addition to an on-site parking garage with 448 spaces to be located at the corner of Lincoln and Mechanic Streets, referred to the CITY SOLICITOR TO BE PLACED IN PROPER LEGAL FORM FOR THE JULY 25, 2022, COUNCIL MEETING; adopted. Councilor Dumais Recused. Suspension of the Rules requested – granted. Motion by Councilor Wagner, seconded by the Chair to adopt the following: ORDERED: That the Communication from Mayor Vigeant, re: Economic Development Bill H484, be and is herewith accepted and placed on FILE; adopted. Suspension of the Rules requested – granted. Motion by Councilor Wagner, seconded by the Chair to adopt the following: ORDERED That the City Council of the City of Marlborough join Mayor Arthur G. Vigeant in urging the Massachusetts Legislature to pass H4864, Economic Development Bill and to further appropriate the remaining ARPA funding before the end of the upcoming legislative session, scheduled to close on July 31, 2022, APPROVED; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That no more than three hundred fifty thousand dollars ($350,000.00) shall be expended from the Parks and Recreation Revolving Fund during fiscal year 2023, unless otherwise authorized by City Council and Mayor, APPROVED; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That no more than one hundred twenty thousand dollars ($120,000.00) shall be expended from the Public Safety Revolving Fund during fiscal year 2023, unless otherwise authorized by City Council and Mayor, APPROVED; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That no more than one hundred fifty thousand dollars ($150,000.00) shall be expended from the Council on Aging Revolving Fund during fiscal year 2023, unless otherwise authorized by City Council and Mayor, APPROVED; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That no more than five hundred thousand dollars ($500,000.00) shall be expended from the Water and Sewer Revolving Fund during fiscal year 2023, unless otherwise authorized by City Council and Mayor, APPROVED; 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 $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 with the condition that the required matching funds be sourced from other than PEG funds; adopted. IN CITY COUNCIL 7 JUNE 27, 2022 Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARLBOROUGH THAT THE CITY CODE OF THE CITY OF MARLBOROUGH, AS AMENDED, BE FURTHER AMENDED, AS FOLLOWS: I. By amending Section 125-3(F), by deleting the words “Mayor’s executive aide” in the first sentence and replacing them with the words: “Chief of Staff to the Mayor”; II. By amending Section 125-3(F), by deleting the word “aide” in the second sentence and replacing it with the words: “Chief of Staff to the Mayor”; III. By amending the City Code in its entirety, including Section 125-6, by deleting the words “Executive Aide to the Mayor” in each instance that they appear and replacing them with the words: “Chief of Staff to the Mayor”; and IV. By amending the City Code in its entirety, including Section 125-6, by deleting the words “Executive Secretary to the Mayor” in each instance that they appear and replacing them with the words: “Executive Administrator to the Mayor”. APPROVED; 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 8:27 PM; adopted.