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, AUGUST 22, 2022 The regular meeting of the City Council was held on Monday, August 22, 2022, at 8:00 PM in City Council Chambers, City Hall. City Councilors Present: Ossing, Doucette, Dumais, Brown, Irish, Navin, Landers, Oram, Perlman & Robey. Councilors Absent: Wagner. Meeting adjourned at 8:32 PM. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, July 25, 2022, FILE; adopted. Suspension of the Rules requested – Motion by Councilor Navin, seconded by the Chair to allow Assistant Chief Emanuelson & Gogan to speak – granted. At this time Assistant Chief Emanuelson & Gogan introduced the newest members of the Fire Department for the City of Marlborough, they are: Andrew Anderson Josiah David Robert Fadgen Tucker Holt Roland Saucier Jacob Thompson That the PUBLIC HEARING on the Revised Application for a Special Permit from WP Marlborough MA Owner, LLC, to build a multifamily residential project in the Business District, consisting of 140 units in 3 buildings to be located at 339 Boston Post Road East, (McGee Farm), per the Court Ordered Remand, Order No. 20/22-1007995Q is CONTINUED UNTIL SEPTEMBER 12, 2022, AT 8:00 PM, adopted. Councilors Present: Doucette, Dumais, Brown, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey. Councilors Absent: Wagner. That the PUBLIC HEARING on the Petition from Massachusetts Electric and Verizon New England, to install new Pole 78 to relieve the distance of new overhead lines from Pole 75 to Pole 79 on Farm Road, Order No. 22-1008651, all were heard who wish to be heard, hearing closed at 8:15 PM, adopted. a) Communication from City Engineer Thomas DiPersio, re: Recommended conditions for Petition from Massachusetts Electric and Verizon New England, Farm Road. Councilors Present: Doucette, Dumais, Brown, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey. Councilors Absent: Wagner. IN CITY COUNCIL 2 AUGUST 22, 2022 Suspension of the Rules requested – Motion by Councilor Landers, seconded by the Chair to remove from the Public Services Committee Order No. 22-1008651 – granted. Suspension of the Rules requested – 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 install new Pole 78 to relieve the distance of new overhead lines from Pole 75 to Pole 79 on Farm Road, APPROVED WITH THE FOLLOWING CONDITIONS; adopted. 1. That as a condition of this new pole installation, the double poles on Farm Road near house number 499 (P56) and near house number 535 (P59) be eliminated as they have been in place for many years. 2. The Engineering Division will issue a road opening permit for this work, which will include review and approval of exact pole and anchor locations prior to start of work. 3. Any necessary easements are to be obtained from affected property owners. 4. A street opening permit must be applied for by the proposed contractor performing the work. 5. The contractor performing the work must obtain a street opening bond with the City of Marlborough. 6. The contractor shall provide the Engineering Division preconstruction photos of driveways, sidewalks, lawn areas, and roadway areas impacted by all construction activities. 7. 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. 8. The contractor is to ensure residents are always able to enter and exit their driveways (have necessary steel plating on site and accessible). 9. Ensure construction safety controls are established (signage, drums, police details, etc...) and are in accordance with the latest MUTCD standards. 10. Trench backfilling, compacting, temporary, and final paving are to be done in accordance with the City of Marlborough standard trenching details. 11. Trenches are to be paved or completely backfilled and compacted at the end of each workday. Trenches are never to be left unattended. 12. Post construction loaming and seeding are to be done in accordance with the 1995 MHD Standard Specifications sections 751 & 765. 13. Proposed utility pole(s) shall not put any sidewalks or sidewalk ramps into non-compliance with current ADA standards. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Attorney Brian Falk on behalf of Levon Gulbankian, re: Request to Withdraw without Prejudice the Application Special Permit for the Gulbankian Mobile Home Village to authorize a new building lot and replace one mobile home with a single-family home, Order No. 22-1008654A, FILE; adopted. IN CITY COUNCIL 3 AUGUST 22, 2022 Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the WITHDRAWL WITHOUT PREJUDICE of the Application Special Permit by Levon Gulbankian, for the Gulbankian Mobile Home Village to authorize a new building lot and replace one mobile home with a single-family home, Order No. 22- 1008654A, APPROVED; adopted. That the PUBLIC HEARING on the Application for Modification of Special Permit from Attorney Brian Falk on behalf of Levon Gulbankian, to amend the Special Permit for the Gulbankian Mobile Home Village to authorize a new building lot and replace one mobile home with a single-family home, Order No. 22-1008654A, CANCELLED, adopted. Councilors Present: Doucette, Dumais, Brown, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey. Councilors Absent: Wagner. 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 $39,154.36 from the Executive Office of Public Safety & Security, State 911 Department awarded to the Police Department to be used to offset personnel training costs in the Public Safety Dispatching Center; adopted. Suspension of the Rules requested – Motion by Councilor Doucette, seconded by the Chair to allow City Engineer DiPersio to speak – granted. Motion by Councilor Perlman, seconded by the Chair to adopt the following: ORDERED: That pursuant to Massachusetts General Laws Chapter 40, §3, the City of Marlborough grants a permanent utility easement to be executed by the Mayor on behalf of the City, to the Massachusetts Electric Company (a/k/a “National Grid”), constituting a Grant of Easement relating to the installation of electric equipment for the public library located at 35 West Main Street, Marlborough, APPROVED; adopted. IN CITY COUNCIL 4 AUGUST 22, 2022 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 salary for the Head Electrician as submitted by the Mayor, 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: HEAD ELECTRICIAN (40 hours per week) HOURLY DAILY PERIOD ANNUAL STEP/LEVEL RATE RATE SALARY SALARY 00 $0 $0 $0 $0 01 $0 $0 $0 $0 02 $0 $0 $0 $0 03 $0 $0 $0 $0 04 $0 $0 $0 $0 05 $0 $0 $0 $0 06 $0 $0 $0 $0 07 $39.0788 $312.6299 $3,126.30 $81,283.77 II. This ordinance shall supersede and replace any existing rate for said position (if applicable) in the current salary schedule. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Proposed Job Description (attached) pursuant to Chapter 125 entitled “Personnel” §5 “Preparation of Classification Descriptions” of the Code, relative to the position of Head Electrician, referred to the FINANCE COMMITTEE; adopted. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Reappointment of Cheryl Soucy to the Disabilities Commission for a 3- year term to expire on October 21, 2024, and the Appointment of David LaBossiere to the Disabilities Commission for a 3-year term to expire from date of Council confirmation; referred to the PERSONNEL COMMITTEE; adopted. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Reappointment of Brendan Downey to the Historical Commission for a 3- year term to expire on March 25, 2025, and the Appointments of Adrian Gilbert, Stephanie Ferrecchia and Kathleen Newton to the Historical Commission for 3-year terms respectively from date of Council confirmation; referred to the PERSONNEL COMMITTEE; adopted. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Appointment of Kathy Faddoul to the Council on Aging for a 4-year term to expire on May 2, 2026, and the Appointment of Judith Benedetto to the Council on Aging for a 4-year term to expire on May 5, 2025, referred to the PERSONNEL COMMITTEE; adopted. IN CITY COUNCIL 5 AUGUST 22, 2022 Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY, SEPTEMBER 12, 2022, as the DATE FOR PUBLIC HEARING, on the Petition from Massachusetts Electric and Verizon New England, to install a new joint owned Pole (Pole 18-84) on Bolton Street beginning at a point approximately 15’ west of the centerline of the intersection of Bolton & State Streets and install a new guy wire from P18 to P18-84, this is to relieve stress of P18 from cables going down State Street, referred to the PUBLIC SERVICES COMMITTEE; adopted. Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY, SEPTEMBER 12, 2022, as the DATE FOR PUBLIC HEARING, on the Petition from Massachusetts Electric and Verizon New England, to install a new joint owned Pole (Pole 2-5) on Broad Street beginning at a point approximately 240’ northwest of the centerline the intersection of Broad & West Main Streets, referred to the PUBLIC SERVICES COMMITTEE; adopted. Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY, SEPTEMBER 12, 2022, as the DATE FOR PUBLIC HEARING, on the Petition from Massachusetts Electric and Verizon New England, to install a new joint owned Pole (Pole 2-5) on Simarano Drive beginning at a point approximately 450’ north of the centerline of the intersection of Simarano Drive & Cedar Hill Street for new overhead equipment, referred to the PUBLIC SERVICES COMMITTEE, APPROVED; 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, Best Buy Stores LP #820, 769 Donald J. Lynch Boulevard, referred to the PUBLIC SERVICES COMMITTEE; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Arthur Skura, re: Opposition to the Proposed Revised Special Permit from WP Marlborough, 339 Boston Post Road East (McGee Farm), 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: Personnel will be in the community responding to residents’ concerns about mosquitos on various dates in August 2022, FILE; adopted. Motion by Councilor Doucette, seconded by the Chair to adopt the following: ORDERED: That the Communication from National Grid, re: Notice of upcoming sideline vegetation management activities relative to their current Vegetation Management Plan, FILE; adopted. IN CITY COUNCIL 6 AUGUST 22, 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 Assessors, March 25, 2022 & April 1, 2022. b) Conservation Commission, July 7, 2022. c) Council on Aging, February 8, 2022, March 8, 2022, April 12, 2022 & May 10, 2022. d) Planning Board, June 6, 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) Renato Castro, 22 Bowstring Way, other property damage and/or personal injury. b) Erin Grocki, 53 Richard Road, pothole or other road defect. Reports of Committees: THERE WERE NO REPORTS OF COMMITTEE. 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 8:32 PM; adopted.