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, OCTOBER 3, 2022 The regular meeting of the City Council was held on Monday, October 3, 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 8:48 PM. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, September 12, 2022, FILE; adopted. That the PUBLIC HEARING on the Proposed Zoning Amendment to Chapter 650, §40 – Location and Height of Buildings, relative to Attached Roofs for Entryway/Porches, Order No. 22- 1008679, all were heard who wish to be heard, hearing closed at 8:04 PM, adopted. a) Communications from various residents, re: Proposed Zoning Amendment to Chapter 650, §40, in support of the proposed change. Councilors Present: Wagner, Doucette, Dumais, Brown, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communications from various residents, re: Proposed Zoning Amendment to Chapter 650, §40, in support of the proposed change, FILE; adopted. That the PUBLIC HEARING on the Application for Modification of Special Permit from Attorney Brian Falk, on behalf of Vedi Naturals, LLC, d/b/a Kosa Dispensary, to amend condition #8 relative to the hours of operation for the adult use marijuana retail establishment located at 505 Boston Post Road West, Order No. 19/22-1007881I, all were heard who wish to be heard, hearing closed at 8:09 PM; adopted. Councilors Present: Wagner, Doucette, Dumais, Brown, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey. IN CITY COUNCIL 2 OCTOBER 3, 2022 That the PUBLIC HEARING on the Application for Modification of Special Permit and Site Plan from Attorney Brian Falk, on behalf of Aubuchon Realty Company, Inc., to allow for a stand-alone Chipotle Restaurant with a drive through facility and eliminate the proposed bank and retail addition to the plaza located at 661 Boston Post Road East, Order No. 21/22- 1008395F, all were heard who wish to be heard, hearing closed at 8:23 PM; adopted. Councilors Present: Wagner, Doucette, Dumais, Brown, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey. Motion by Councilor Wagner, seconded by the Chair to adopt the following: ORDERED: That the Communication from Councilors Ossing & Wagner, re: Municipal Aggregation – September 2022 Update, FILE; adopted. Motion by Councilor Wagner, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Mayor, re: Municipal Aggregation Press Release, FILE; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $250,000.00 which moves funds from the Stabilization account to the Police Department Equipment account to fund the purchase of five new unmarked police vehicles, APPROVED; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Police FISCAL YEAR: 2023 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $18,311,188.27 $250,000.00 83600 35900 Undesignated Stabilization $250,000.00 19300006 58593 Department Equip Police $0.00 Reason: To fully fund 5 unmarked cars $250,000.00 Total $250,000.00 Total Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $168,979.00 which moves funds from the Stabilization account to the Fire Department Equipment account for additional funding for a new 100’ aerial platform tower truck, APPROVED; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Fire FISCAL YEAR: 2023 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $18,311,188.27 $168,979.00 83600 35900 Undesignated Stabilization $168,979.00 19300006 58512 Fire Department Equip $0.00 Reason: To fully fund new Tower Truck $168,979.00 Total $168,979.00 Total IN CITY COUNCIL 3 OCTOBER 3, 2022 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $8,598.30 which moves funds from Reserved TNC Surcharge to Capital Outlay Police for the purchase of additional traffic enforcement equipment, APPROVED; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Police FISCAL YEAR: 2023 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $8,593.30 $8,598.30 27000 33088 Receipts Reserved-TNC Surcharge $8,598.30 19300006 58593 Capital Outlay-Police Equip $0.00 Reason: Traffic enforcement equipment purchase $8,598.30 Total $8,598.30 Total 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 Gift Acceptance in the amount of $1,000.00 from ERA Key Charitable Organization awarded to the Council on Aging to assist seniors with unanticipated fuel expenses; adopted. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Appointment of N. Paul Tonthat to the Community Development Authority (CDA) for a three-year term to expire on March 25, 2025, to fill the position vacated by Josh Daigle who moved to the state appointed seat, and the Reappointments of Rene Perdicaro and Paul Sliney for three-year terms respectively to expire on March 9, 2024, and March 9, 2025, referred to the PERSONNEL COMMITTEE; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from City Solicitor, Jason Grossfield, re: Information on dismissal relative to WP Marlborough MA Owner, LLC v. Marlborough City Council (Land Court No. 21 MISC 000451), FILE; adopted. Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Communication from Assistant City Solicitor, Jeremy McManus, re: Howes Landing Subdivision/Acceptance of Gikas Lane as a Public Way, referred to the PUBLIC SERVICES COMMITTEE AND THE PLANNING BOARD; adopted. Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Communication from City Clerk Steven Kerrigan, re: Notice of Early Voting Hours, for the State Election, FILE; adopted. Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Communication from Hidehiro Ohde, Director of Planning & Policy for Akiruno City, re: Notice that Akiruno City has a new Mayor, Hiroyuki Nakajima as of September 4, 2022, FILE; adopted. IN CITY COUNCIL 4 OCTOBER 3, 2022 Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Application for Site Plan Review from Attorney Brian Falk, on behalf of JW Capital Partners, LLC, for a mix-use project at 57 Main Street in the Marlborough Village District, referred to the URBAN AFFAIRS COMMITTEE; adopted. Councilor Dumais Recused. Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY OCTOBER 17, 2022, as the DATE FOR PUBLIC HEARING, on the Petition of Verizon Wireless for the installation of a small cell wireless facility to be located on Pole #34 within the layout of the public way near 385 Farm Road, 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 OCTOBER 17, 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 25-5) on Hayes Memorial Drive beginning at a point approximately 350’ north/northwest of the centerline of the intersection of Nickerson Road for new commercial service, referred to the PUBLIC SERVICES COMMITTEE; adopted. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Department of Public Utilities, re: Notice of Filing and Public Hearing on the Petition of NSTAR Gas Company d/b/a Eversource Energy for approval of its 2019-2021 Three Year Energy Efficiency Plan Term Report, FILE; adopted. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Department of Public Utilities, re: Notice of Filing and Public Hearing on the Petition of NSTAR Electric Company d/b/a Eversource Energy for approval of its 2019-2021 Three Year Energy Efficiency Plan Term Report, FILE; 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, August 23, 2022, August 30, 2022 & September 13, 2022. b) Council on Aging, June 10, 2022. c) Historical Commission, June 16, 2022. d) Planning Board, July 25, 2022. e) Traffic Commission, June 29, 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) Lisa & Mark Whitmore,43 Marien Lane, other property damage and/or personal injury.  IN CITY COUNCIL 5 OCTOBER 3, 2022 Reports of Committees: Councilor Dumais reported the following out of the Personnel Committee: City Council Personnel Committee September 19, 2022 Minutes and Report This meeting convened at 6:31 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: Chair Dumais, Councilors Navin and Doucette. Non-Voting members: Councilors Wagner, Perlman, Oram, Brown, Irish, and Landers. Councilors Ossing and Robey absent. Order No. 22-1008663B: Appointment of David LaBossiere to the Disabilities Commission for a term expiring three years from date of City Council confirmation. On a motion by Councilor Doucette, seconded by Chair, the committee voted to recommend approval of the appointment of David LaBossiere as submitted. Vote 3-0 Order No. 22-1008664A: Reappointment of Brendan Downey to the Historical Commission for a 3- year term to expire on March 25, 2025. Order No .22-1008664C: Appointment of Stephanie Ferrecchia to the Historical Commission for a term expiring three years from date of City Council confirmation. Order No .22-1008664D: Appointment of Kathleen Newton to the Historical Commission for a term expiring three years from date of City Council confirmation. On a motion by Councilor Doucette, seconded by Chair, the committee recommends approval of the reappointment of Brendan Downey and appointments of Stephanie Ferrecchia and Kathleen Newton to the Historical Commission as submitted. Vote 3-0 Order No. 22-1008665A: Appointment of Kathy Faddoul to the Council on Aging for a term to expire on May 2, 2026. Order No. 22-1008665B: Appointment of Judith Benedetto to the Council on Aging for a term to expire on May 5, 2025. On a motion by Councilor Doucette, seconded by Chair, the committee recommends approval of the appointments of Kathy Faddoul and Judith Benedetto as submitted. Vote 3-0 Motion made and seconded to adjourn; meeting adjourned at 6:44 PM. IN CITY COUNCIL 6 OCTOBER 3, 2022 Reports of Committee Continued: Councilor Irish reported the following out of the Finance Committee: City Council Finance Committee September 19, 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). Voting Members: Chair Irish, Councilors Dumais, Perlman, Oram and Brown. Non-Voting Members: Councilors Navin, Wagner, Doucette, Landers. Councilors Ossing and Robey were absent. Mayor Vigeant and city managers were present to address the following Orders. Order No. 22-1008662A: Communication from Mayor Vigeant with Proposed Salary Ordinance, Chapter 125, Personnel, §6 to increase the salary for the Head Electrician to a maximum of $81,283.77 consistent with the HVAC Technician’s salary, both being members of the MMEA. Commissioner Divoll stated a transfer would not be necessary as vacancies at the DPW offset funds required for this increase. He added that the increase will retain the employee currently in the position. On a motion by Councilor Perlman, seconded by the Chair, the committee recommends approval of the increase in the salary for the Head Electrician as requested by the Mayor. Vote 5-0 Order No. 22-1008662B: Communication from Mayor Vigeant with Proposed, amended Job description for the Head Electrician in the Marlborough Municipal Employees Association in accordance with City Code Chapter 125, Personnel, §5 Preparation of Classification Descriptions. On a motion by Councilor Perlman, seconded by the Chair, the committee recommends approval of the Proposed Job Description as submitted. Vote 5-0 Order No. 22-1008678: Communication from Mayor Vigeant with Proposed Salary Ordinance, Chapter 125, Personnel, §6 to create a new position entitled, Substance Use Prevention Coordinator and Intervention Specialist, within the Health Department, with 7-step salary table, minimum of $58,000.00 to maximum of $65,317.42, for a 35-hour work week, together with the required Job Description in accordance with the City Code Chapter 125, Personnel, §5 Preparation of Classification Descriptions. On a motion by Councilor Dumais, seconded by Councilor Perlman, the committee recommends: 1) Approval of the new position with salary ordinance as submitted by the Mayor to maximum of $65,317.42 with the following language attached to the ordinance: That within two years after the start date of the Substance Abuse Prevention Coordinator and Intervention Specialist, the Board of Health and Board of Health Director shall undertake a review of the overall benefits and accomplishments of the newly created position to present to the City Council; 2) Approval of the Proposed Job Description with the following suggested changes: a) After ‘Visual Skills’ on pg. 3: Add ‘Language Skills: Bilingual language preferred;’ b) Add to Essential Job Functions: Actively pursue grant opportunities. Vote 5-0. IN CITY COUNCIL 7 OCTOBER 3, 2022 Suspension of the Rules requested – Motion by Councilor Irish, seconded by the Chair to allow a late communication from the Mayor – granted. Suspension of the Rules requested – granted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Proposed Amendment to the City Code, Chapter 125 “Personnel” §6 “Salary Schedule” and the Proposed Job Description pursuant to Chapter 125 “Personnel”, §5 “Preparation of Classification Descriptions” to create the new position of Treasury/Payroll Manager within the Finance Department as submitted by the Mayor, referred to the FINANCE COMMITTEE 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 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Start 6-months 1-year of 2-years of 3-years of 4-years of 5-years of of service service service service service service Treasury/Payroll $72,500.00 $73,950.00 $75,429.00 $76,937.58 $78,476.33 $80,045.86 $81,646.78 Manager (40 hours per week) II. This ordinance shall supersede and replace any existing rate for said position (if applicable) in the current salary schedule. 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 8:48 PM; adopted.