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 17, 2022 The regular meeting of the City Council was held on Monday, October 17, 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 8:45 PM. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, October 3, 2022, FILE; adopted. That the 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, Order No. 22-1008696, all were heard who wish to be heard, hearing closed at 8:04 PM, adopted. Councilors Present: Wagner, Doucette, Dumais, Brown, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey. 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 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, APPROVED WITH THE FOLLOWING CONDITIONS; adopted. 1. As a condition of this new pole installation, the double pole #12, near 149 Hayes Memorial Drive must be eliminated. 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. The contractor performing the work must obtain a street opening bond with the City of Marlborough. 5. The contractor shall provide the Engineering Division preconstruction photos of driveways, sidewalks, lawn areas, and roadway areas impacted by all construction activities. 6. 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 OCTOBER 17, 2022 7. The contractor is to ensure residents are always able to enter and exit their driveways (have necessary steel plating on site and accessible). 8. Ensure construction safety controls are established (signage, drums, police details, etc...) and are in accordance with the latest MUTCD standards. 9. Trench backfilling, compacting, temporary, and final paving are to be done in accordance with the City of Marlborough standard trenching details. 10. Trenches are to be paved or completely backfilled and compacted at the end of each workday. Trenches are never to be left unattended. 11. Post construction loaming and seeding are to be done in accordance with the 1995 MHD Standard Specifications sections 751 & 765. 12. Proposed utility pole(s) shall not put any sidewalks or sidewalk ramps into non-compliance with current ADA standards. That the 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, Order No. 22-1008695, all were heard who wish to be heard, hearing closed at 8:22 PM; adopted. Councilors Present: Wagner, Doucette, Dumais, Brown, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey. Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That Tolling Agreement between Verizon Wireless (d/b/a Verizon) and the City of Marlborough to extend time limitations to February 23, 2023, for approval of a small cell wireless facility on Pole #34, 385 Farm Road, APPROVED; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Mayor, re: Certification of Free Cash in the amount of $7,507,831.00, FILE; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $750,783.10 which moves funds from Undesignated Fund (Free Cash) to OPEB Trust, pursuant to the financial policies of the city, APPROVED; adopted. IN CITY COUNCIL 3 OCTOBER 17, 2022 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $750,783.10 which moves funds from Undesignated Fund (Free Cash) to Undesignated Stabilization, pursuant to the financial policies of the city, 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 $180,000.00 from a Legislative earmark awarded to the Public Facilities Department, to be used for the repair of sprinklers at the Police Department and City Hall and garage door replacement at Fire Headquarters; 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 $15,910.00 from the US Department of Justice awarded to the Police Department, to be used for the purchase of four (4) external defibrillators and related equipment, and Level IV rifle rated ballistic shield for active shooter events; 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 $5,000.00 from Digital Federal Credit Union awarded to the Police Department, to be used for the MPD Youth Academy and the Christmas Heroes for Helpers Program; adopted. Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Communication from City Clerk, Steven Kerrigan, re: State Election Call, FILE; adopted. Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Communication from ecoATM, re: Notice that they will not be renewing Junk Dealer/Secondhand Dealer License at 601 Donald Lynch Boulevard, FILE; adopted. IN CITY COUNCIL 4 OCTOBER 17, 2022 Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY NOVEMBER 21, 2022, as the DATE FOR PUBLIC HEARING, on the Application for Special Permit from Attorney Terrence Morris, on behalf of 272 Lincoln LLC, to build a 12-unit multi-family dwelling with accessory parking to be located at 272 Lincoln Street, referred to the URBAN AFFAIRS COMMITTEE & ADVERTISE; 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 NOVEMBER 21, 2022, as the DATE FOR PUBLIC HEARING, on the Application for Modification of Special Permit from Brian Martinelli on behalf of Dish Wireless, to install three (3) new antennas on the existing cell tower along with a 5x7 platform, at 860 Boston Post Road East, referred to the PUBLIC SERVICES COMMITTEE & ADVERTISE; adopted. Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Application for Renewal of Livery License, Eduard Zholudev, d/b/a Easy Airport Limo Services, 15 Indian Lane, referred to 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: Petition of Massachusetts Electric Company and Nantucket Electric Company d/b/a National Grid, for approval of an Alternative Basic Service Procurement Plan, 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, September 27, 2022. b) Conservation Commission, August 18, 2022, September 1, 2022 & September 15, 2022. c) Council on Aging, September 13, 2022. d) Library Trustees, June 7, 2022. e) Municipal Aggregation, October 4, 2022. f) Zoning Board of Appeals, September 13, 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) Rosemary Baker, 73 Stow Road, pothole or other road defect. b) Angelica Lee Christo, 16 Holly Hill Lane, pothole or other road defect. c) Mark Russo, 20 Jenks Lane, pothole or other road defect. IN CITY COUNCIL 5 OCTOBER 17, 2022 Reports of Committees: Councilor Robey reported the following out of the Personnel Committee: City Council Urban Affiars Committee Thursday, October 13, 2022 Minutes and Report Urban Affairs & Housing Committee voting members present were Chairman Katie Robey, Councilor Landers, Councilor Navin, and Councilor Wagner. Councilor Doucette was absent. Councilor Brown was also present. Present for the applicant was Attorney Brian Falk Order No. 19/22-1007881I: 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 retail establishment located at 505 Boston Post Road West. The chair stated she reviewed the tape of the Public Hearing on October 3, 2022, suggesting that #13 of the Findings of Fact can be filled in with no members of public spoke in favor and no members of public spoke in opposition. The Council received emails from department heads, and no one had any concerns on the change of hours. Councilor Brown spoke as the Ward Councilor and said she had no opposition to the change of hours. Councilor Navin asked if the applicant would be agreeable to having their hours be same as the amended hours of Garden Remedies and Attorney Falk didn’t think they would object to those hours but would probably not be open for the hours allowed. Councilor Navin moved to approve the Decision on an Amendment to a Special Permit with the following amendment to 8. Hours to read: The maximum hours of operation of the Use shall be Monday through Saturday, 9:00 AM to 10:00 PM, and Sunday from 10:00 AM to 8:00 PM. The motion was seconded and carried 4-0. The chair will ask for a Suspension at the October 17, 2022, meeting to refer this to solicitor to be in proper form for the November 7, 2022, agenda. On a motion by Councilor Wagner, the meeting adjourned at 7:38 PM. Suspension of the Rules requested – granted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That 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 retail establishment located at 505 Boston Post Road West, referred to the CITY SOLICITOR TO BE PLACED IN PROPER LEGAL FORM FOR THE NEXT CITY COUNCIL MEETING; adopted. IN CITY COUNCIL 6 OCTOBER 17, 2022 Motion by Councilor Irsih, 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 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. APPROVED; adopted. First Reading, suspended; Second Reading, adopted; Passage to Enroll, adopted; Passage to Ordain; adopted. No objection to passage in one evening. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Job Description pursuant to Chapter 125 “Personnel”, §5 “Preparation of Classification Descriptions” of the City Code, relative to the position of Head Electrician, APPROVED; adopted. 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 a Proposed Job Description pursuant to Chapter 125 “Personnel” §5 “Preparation of Classification Descriptions” to create a new position of Substance Use Prevention Coordinator and Intervention Specialist within the Health Department as submitted by the Mayor, referred to the CITY SOLICITOR TO BE PLACED IN PROPER LEGAL FORM FOR THE NEXT CITY COUNCIL MEETING; adopted. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Appointment of David LaBossiere to the Disabilities Commission for a 3- year term to expire from date of Council confirmation, APPROVED; 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, APPROVED; adopted. IN CITY COUNCIL 7 OCTOBER 17, 2022 Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the of Appointment of Stefanie Ferrecchia to the Historical Commission for a 3-year term from date of Council confirmation, APPROVED; adopted. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the of Kathleen Newton to the Historical Commission for a 3-year term from date of Council confirmation, APPROVED; adopted. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the of Kathy Faddoul to the Council on Aging for a 4-year term to expire on May 2, 2026, APPROVED; adopted. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the of Appointment of Judith Benedetto to the Council on Aging for a 4-year term to expire on May 5, 2025, 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 8:45 PM; adopted.