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 8, 2023 The regular meeting of the City Council was held on Monday, May 8, 2023, 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 8:27 PM. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, APRIL 24, 2023, FILE; adopted. That the PUBLIC HEARING on the Petition from Andrew Delli Carpini on behalf of Colbea Enterprises, LLC, re: Request pursuant to Chapter 342 “Gasoline Stations and Car Washes” §2 “Exceptions” of the Code to operate a gas station/convenience store (Shell Station) at 342 Boston Post Road East on a 24-hour basis, Order No. 23-1008870, be CONTINUED UNTIL JUNE 5, 2023, AT 8:00 PM, adopted. a) Communication from Attorney James Hall, re: Request for continuance of Public Hearing to June 5, 2023, on the Petition of Colbea Enterprises, LLC (Shell Station) to operate a gas station/convenience store on a 24-hour basis, Order No. 23-1008870. Councilors Present: Wagner, Doucette, Dumais, Brown, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the: That the Proposed Amendment to the City Code, Chapter 125 “Personnel” §6 “Salary Schedule” to amend the salary for the Assistant City Clerk, referred to the FINANCE COMMITTEE & ADVERTISE; 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 amending Chapter 125, entitled “Personnel”, 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 Assistant City $73,929.96 $75,408.84 $76,916.84 78,455.26 $80,024.36 $81,624.92 $83,257.72 Clerk IN CITY COUNCIL 2 MAY 8, 2023 II. This ordinance shall supersede and replace any existing rate for said position (if applicable) in the current salary schedule. III. The effective date of these amendments shall be July 1, 2023. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $600,500.00 from Reserve for Salaries and Undesignated Fund (Free Cash) to Fire Department payroll accounts to cover contractual obligations for the Fire Department, be and is herewith referred to the FINANCE COMMITTEE; 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 $5,089,564.80 $259,600.00 10000 35900 Undesignated Fund $25,449.78 12200001 50334 Battalion Chief $74,757.59 Reason: To fund the ratified Fire Union contract $340,900.00 $340,900.00 11990006 57820 Reserve for Salaries $275,585.94 12200001 50450 Firefighter $607,829.56 $21,594.50 12200001 50800 Fire Captains $68,036.70 $41,957.59 12200001 50810 Fire Lieutenants $127,851.71 $378.55 12200003 51481 OT-Special Services $5,759.15 $33,566.39 12200003 51300 Additional Gross OT $282,561.44 $2,462.41 12200003 51324 OT-Vehicle $12,458.69 IN CITY COUNCIL 3 MAY 8, 2023 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 $5,495.92 12200003 51328 Call Fire OT $40,638.12 $106,378.57 12200003 51920 Sick Leave Buy Back $61,035.60 $29,936.35 12200003 51490 Holiday $92,227.62 $7,919.57 12200003 51430 Longevity $14,306.10 $20,688.89 12200003 51440 Educational Incentive $41,800.38 $9,339.75 12200003 51450 Night Shift Differential $23,420.21 $13,348.70 12200003 51480 EMT $26,283.91 $6,397.09 12200003 51226 First Responder $16,223.50 $600,500.00 Total $600,500.00 Total Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $94,037.90 which moves funds from Undesignated Fund (Free Cash) to Fringes to cover the shortfall in the 1% non-pensionable stipend paid to all city employees, referred to the FINANCE COMMITTEE; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Finance/Treasurer FISCAL YEAR: 2023 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $5,089,564.80 $94,037.90 10000 35900 Undesignated Fund $94,037.90 11990006 51500 Fringes $0.00 Reason: To fund 1% stipend shortfall $94,037.90 Total $94,037.90 Total IN CITY COUNCIL 4 MAY 8, 2023 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $9,102.00 which moves funds from Undesignated Fund (Free Cash) to Substance Use Coordinator to fund the position for the remainder of the year, referred to the FINANCE COMMITTEE; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Board of Health FISCAL YEAR: 2023 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $5,089,564.80 $9,102.00 10000 35900 Undesignated Fund $9,102.00 15120001 50607 Substance Use Coordinator $0.00 Reason: To fund the new position through year-end $9,102.00 Total $9,102.00 Total Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY, MAY 22, 2023, as date for a PUBLIC HEARING on the Proposed FY24 Budget as submitted by Mayor Vigeant in the amount of $188,751,024.00 which represents a 4.57% increase over the FY 2023 appropriation, referred to the FINANCE COMMITTEE & ADVERTISE; adopted. 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 ($203,000.00), the Parks and Recreation Revolving Fund ($1,275,000.00), the Council on Aging Revolving Fund ($150,000.00) and the Water and Sewer Revolving Fund ($500,000.00) for Fiscal Year 2024, referred to the FINANCE COMMITTEE; adopted. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Appointment of Robert Bourn, III as Plumbing & Gas Inspector for a 3-year term from date of confirmation, pursuant to City Code Chapter 7 §79, referred to the PERSONNEL COMMITTEE; adopted. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Appointment of John Cain as Wiring Inspector for a 3-year term from date of confirmation, pursuant to City Code Chapter 473 §1, referred to the PERSONNEL COMMITTEE; adopted. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Appointment of Patrick Hughes to the Planning Board for a 5-year term to expire on February 1, 2028, who is replacing William Fowler, referred to the PERSONNEL COMMITTEE; adopted. IN CITY COUNCIL 5 MAY 8, 2023 Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Reappointment of Ellen Silverstein to the Board of Assessors for a 3-year term to expire on September 8, 2026, referred to the PERSONNEL COMMITTEE; adopted. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Reappointment of David Morticelli to the Community Development Authority for a 3-year term to expire on March 23, 2026, referred to the PERSONNEL COMMITTEE; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Communication from City Solicitor Jason Grossfield, re: Proposed Tax Increment Financing (TIF) Agreement with ModernaTX, Inc., in proper legal form, MOVED TO REPORTS OF COMMITTEE & FILE; adopted. Motion by Councilor Doucette, seconded by the Chair to adopt the following: ORDERED: That the Communication from Emergency Management Director Fredrick Flynn, re: Request for presentation relating to the Hazard Mitigation Plan at the May 22, 2023, City Council meeting, be PLACED ON THE MAY 22, 2023, CITY COUNCIL AGENDA; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY MAY 22, 2023, as the DATE FOR PUBLIC HEARING, on the Application for a Sign Special Permit Amendment from Attorney Brian Falk, on behalf of Lincoln Street 431, LLC, to amend an EMC Sign Permit to add non-EMC panels to the existing free-standing sign at 431 Lincoln Street, referred to the URBAN AFFAIRS COMMITTEE & ADVERTISE; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY JUNE 5, 2023, as the DATE FOR PUBLIC HEARING, on the Application for Special Permit from Andy Fitz, on behalf of JP Morgan Chase Bank to install a drive-thru ATM for the Chase Bank branch to be located at 189 Boston Post Road West, referred to the URBAN AFFAIRS COMMITTEE & ADVERTISE; 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) Cultural Council, February 1, 2023. b) Planning Board, March 13, 2023 & March 27, 2023. c) Traffic Commission, February 22, 2023. Motion by Councilor Perlman, seconded by the Chair to adopt the following: ORDERED: That the following CLAIMS, referred to the LEGAL DEPARTMENT; adopted. a) Elizabeth Collins, 1 Barbaras Path, Upton, pothole or other road defect. b) Carole Saunders, 71 Mount Vickery Road, Southborough, other property damage and/or personal injury. IN CITY COUNCIL 6 MAY 8, 2023 Reports of Committees: Councilor Landers reported the following out of the Public Services Committee: City Council Public Services Committee May 1, 2023 Minutes and Report This meeting convened at 6:30 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 Landers, Councilor Irish and Councilor Brown. Other Councilors present: Ossing, Dumais and Doucette. By email dated April 4, 2023, Police Chief Giorgi reported that he received CORI reports from Gerald Dumais and Antoine Bitar and is without objection to the renewals as requested. Order No. 23-1008843: Application for Renewal of Junk Dealer License, Gerald Dumais, d/b/a Dumais & Sons Secondhand Store, 65 Mechanic Street. Mr. Dumais explained his multiple businesses including the second-hand store which is not often open and is very slow since Savers opened, and the check cashing business and salon that are busy. On a motion by Councilor Brown, seconded by Councilor Irish, the committee recommends approval of the application for renewal of the Junk Dealer License for Gerald Dumais, d/b/a Dumais & Sons at 65 Mechanic Street. Vote 3-0 Order No. 23-1008841: Application for Renewal of Junk Dealer License, Antoine Bitar, d/b/a Hannoush Jewelers, 601 Donald Lynch Boulevard. Mr. Bitar explained the changes in his business since the pandemic. Due to decreased business, he combined his two businesses into one store that operates with 7 employees now on the first floor of the Solomon Pond Mall. Located at the Mall for 27 years, the store picked up tremendously right after the pandemic, but the last few months have been slow not just for his business but for many of the stores at the mall. On a motion by Councilor Irish, seconded by Councilor Brown, the committee recommends approval of the application for renewal of the Junk Dealer License for Antoine Bitar, d/b/a Hannoush Jewelers at 601 Donald Lynch Boulevard. Vote 3-0 Order No. 23-1008871: Application for Renewal of Junk Dealer/Secondhand Dealer license and associated waivers by TVI, Inc., d/b/a Savers, 222A East Main Street. Dawn Kilgore and Jennifer Lavalley addressed the renewal. Each has worked at Savers for more than five years, and the stores are doing well. On a motion by Councilor Irish, seconded by Councilor Brown, the committee recommends approval of the application for renewal of the Junk Dealer License and associated Waivers for TVI, Inc., d/b/a Savers, 222A East Main Street, subject to CORI approval by the Police Chief. Vote 3-0 On a motion made, seconded, and approved, the meeting adjourned at 6:48 PM. IN CITY COUNCIL 7 MAY 8, 2023 Reports of Committee Continued: Councilor Irish reported the following out of the Finance Committee: City Council Finance Committee May 1, 2023 Minutes and Report This meeting convened at 7:00 PM in the Council Chamber and was open to the public. The meeting was televised on WMCT-TV (Comcast Channel 8/Verizon/Fios Channel 34) and available for viewing using the link under the Meeting Videos tab on the city’s home page, www.marlborough-ma.gov. Voting Members Present: Chair Irish, Councilors Perlman, Brown, Oram and Dumais. Non-Voting Members Present: Councilors Ossing, Landers, Robey, Doucette and Navin. Mayor Vigeant, MEDC Director Meredith Harris, and the following representatives from ModernaTX were present to address the TIF: Scott Nickerson, Senior VP Manufacturing; Jed Larkin, Senior VP Tax; Irina Bunaciu, Director, Tax; and George Skillin, Senior Director, Capital Programs. Order No. 23-1008868: Communication from Mayor Vigeant together with proposed City Council Resolution and Tax Increment Financing (TIF) Agreement with ModernaTX, a biotech company with plans to purchase and operate a bio manufacturing facility and office space at 149 Hayes Memorial Drive (Map 99, Parcel 3). Chair Irish read the Mayor’s letter addressing the tax-increment financing (TIF) agreement with ModernaTX, Inc., a biotech company currently based in Cambridge with plans to purchase 149 Hayes Memorial Drive, a 24-acre parcel of land combined with a new 140,000 sf empty bio manufacturing facility to house manufacturing and office space. Moderna will create and maintain a minimum of 200 permanent, full-time jobs available to qualified Marlborough residents at this facility. Moderna has plans to add 60,000 sf to maximum build out with a total capital investment estimated at $322,200,000 combined soft and real property costs. Additionally, they are applying for a Certified Project status from the Economic Assistance Coordinating Council for a local only application. On a motion by Councilor Oram, seconded by Chair, the committee voted to recommend approval of the Tax Increment Financing (TIF) Agreement and the proposed City Council Resolution as submitted by Mayor Vigeant, under Suspension of the Rules on May 8, 2023. Vote 5-0 Motion made and seconded to adjourn; meeting adjourned at 8:02 PM. IN CITY COUNCIL 8 MAY 8, 2023 Reports of Committee Continued: Councilor Perlman reported the following out of the Urban Affairs Committee: City Council Legal & Legislative Affairs Committee May 1, 2023 Minutes and Report This meeting convened at 8:08 PM as other Committee meetings ran longer than expected. It was held in the City Council Chamber on the second floor of City Hall. Public attendance was permitted. The meeting was televised on WMCT-TV (Comcast Channel 8) and Verizon/Fios Channel 34) and is available for viewing using the link under the Meeting Videos tab on the city's website, home page (www.marlborough-ma.gov). Committee Members Present: Chair Perlman, Councilors Oram, and Robey. Other Councilors Present: Councilors Doucette, Dumais, Brown, Irish, Navin, Landers, Ossing. Also Present: City Solicitor Grossfield. Order No. 23-1008869: Communication from City Solicitor Grossfield together with a proposed Order authorizing a deed conveying a parcel of land consisting of 9,387 s.f. +/- off Lincoln Street in Marlborough to the Marlborough Economic Development Corporation (MEDC) for the purposes of assembling land for economic development along with parcels previously acquired by the MEDC, in connection with the proposed Lincoln and Mechanic Street mixed-use development, draft deed provided by the Solicitor. Chair Perlman opened the meeting by reading the original letter submitted by the City Solicitor to provide an overview of the Order authorizing a deed conveying the parcel of land to MEDC. In his letter, Solicitor Grossfield described how the City originally acquired the parcel known as the “Rail Spur Parcel” by deed from the Massachusetts Bay Transportation Authority (MBTA) back in 1997, subject to certain deed restrictions regarding use and ownership. Chair Perlman then invited Solicitor Grossfield to offer further context to the Committee. Solicitor Grossfield outlined how the MEDC assembled parcels in the area for the Lincoln and Mechanic Street project. The “Rail Spur Parcel” in question is part of the rail corridor so the City contacted the MBTA to receive a release for private use of the property. In consideration, the MBTA required the development to have certain open space requirements, which are satisfied by the rail trail parking and amenities building within the project. Councilor Robey moved to approve the Order and the description provided. A few questions were also raised to clarify the use of the “Rail Spur Parcel” and if the City would need to resolve further parcels. Chair Perlman seconded Councilor Robey’s motion to approve and Councilor Oram added in a request for a suspension. The Committee approved the full motion 3-0. On a motion made by Councilor Robey, seconded by Chair Perlman, and approved 3-0, the Committee adjourned at 8:14 PM. IN CITY COUNCIL 9 MAY 8, 2023 Reports of Committee Continued: Councilor Robey reported the following out of the Urban Affairs Committee: City Council Urban Affairs Committee May 1, 2023 Minutes and Report This meeting convened at 8:15 PM in the Council Chamber and was open to the public. The meeting was televised on WMCT-TV (Comcast Channel 8/Verizon/Fios Channel 34) and available for viewing using the link under the Meeting Videos tab on the city’s home page, www.marlborough-ma.gov. Urban Affairs & Housing Committee voting members present were Chairman Katie Robey, Councilor Doucette, Councilor Landers, and Councilor Navin. Councilor (Wagner was absent). Also present were Councilors Brown, Irish, Oram, Ossing and Perlman. Present for the applicant were Attorney Bill Brewin; Charles Trombetta, property owner; and Vito Colonna, Connorstone Engineering. Order No. 23-1008824: Application for special permit from Connorstone Engineering on behalf of Trombetta Family Limited Partnership to permit an existing Contractor/Landscape contractor Yard to be located in the LI district at 655 Farm Road. The chair called the meeting to order at 8:15 PM. The applicant has an existing contractor yard prior to December 31, 2014, but didn’t file for site plan review within nine months of an amendment to the code approved in June of 2020 and is now applying for a special permit. The chair read the managers comments that had no issue with the special permit-Police Chief Giorgi, Fire Chief Breen, and Director of Public Health Garside. Comments from City Engineer DiPersio and Conservation Officer Ryder were discussed during the review of the draft special permit. The chair read through the draft conditions and the following amendments were offered: #5. Operating Hours-it was agreed that due to some contractors having need to operate on Sunday or earlier in the morning than the 7:00 AM in the draft, that Attorney Brewin would draft language allowing for exceptions to the hours #6. Storm Water and Erosion Control Management-Mr. DiPersio stated the language as written was not applicable to this site, suggested it be deleted and new language inserted to read, “The applicant its successors and/or assigns shall be responsible for ensuring that the uses on the site do not contaminate stormwater runoff, and shall ensure that the uses on the site do not cause adverse stormwater impacts to abutting properties.” This change was agreed to by the applicant and the committee #7. Ms. Ryder suggested adding in “to the contractor yard area” after “All tenants and visitors…” this change was agreed to by applicant and committee. Mr. DiPersio had commented about the directional arrows, and it is noted in this report that his comment was not on their placement on the plans but that the arrows are shown for left hand driving and should reflect right hand driving. #8. A. South Property Sideline in the property listings, the chair stated #50 Broadmeadow Street should be #40. This would be checked by legal department when it is referred to them. 8. B. Rear Property Line Mr. DiPersio suggested adding, “That within the 7” wide planting strip, mulch or some other cover suggested by Conservation Officer should be placed where the gravel is removed to discourage future encroachment into this area.” This was agreed to by the applicant and the committee IN CITY COUNCIL 10 MAY 8, 2023 Reports of Committee Continued: 9. Leased Areas-It was agreed by applicant and committee to amend to read- Sixteen containers are provided to each of the 16 leased areas and are utilized to provide tenant with a space to secure and protect their daily and seasonal equipment. The containers are used to store hand tools, lawn maintenance equipment, snow equipment and similar. Storage of unregistered vehicles is not allowed. Tenants are not allowed to perform vehicle repairs and/or maintenance with the contractor’s yard. Only the 16 trailers/lease areas are permitted as shown on the approved plans which shall be clearly defined in the field. Applicant may, as needed to accommodate existing and future tenants, change, or modify the trailer/lease areas provided that there are no more than 16 trailer/lease areas. The total trailer/lease area and number of areas (16) cannot be expanded without seeking approval and an amendment to this Special Permit. 11. Open Space-Ms. Ryder suggested adding in a new condition titled Open Space. It was agreed it would become a new #11 with 11-13 being renumbered. New #11. Open Space The areas of open space as shown on the plans shall be vegetated with grass with additional trees and shrubs to be added to help provide shade to these open spaces. These areas shall remain open and shall not be used for storage of any materials or equipment. During the site plan review process the open space area, gravel area, storage areas shall all be clearly defined and delineated on the plans with provisions that these are clearly defined by fencing or barriers or other on the ground methods for easier enforcement and management of the site. The chair questioned whether there is a residential property on site and if the building listing on top left of plans can specify what is housed in each. The applicant noted building D is used as residential. The chair brought up use of food trucks on site and it was agreed that no language would be added, but the applicant would contact mayor’s office for information. Councilor Doucette moved to approve the draft special permit as amended, it was seconded and vote carried 4-0. Councilor Doucette moved to adjourn; it was seconded and carried 4-0. The meeting adjourned at 8:53 pm. IN CITY COUNCIL 11 MAY 8, 2023 Suspension of the Rules requested – granted. Motion by Councilor Irish to approve the Council Resolution and TIF for ModernaTX, seconded by the Chair: ORDERED: RESOLUTION WHEREAS, the City Council of the City of Marlborough desires a beneficial economic use creating jobs for local residents, expanding business within the City, and developing a healthy robust economy and stronger tax base for Map 99, Parcel 3 (including portions thereof) on the Marlborough Assessor's Map; and WHEREAS, the City Council of the City of Marlborough intends to use tax increment financing as an economic development tool created by the Massachusetts Economic Development Incentive Program based on the ability of the City of Marlborough, in accordance with needs and community benefits of a specific project, that are reasonably proportional to the economic development incentives from State and local government and the resulting economic development benefits; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Marlborough that the following activities which are necessary to pursue a Certified Project designation be authorized: 1. The City Council of the City of Marlborough hereby requests that the Massachusetts Economic Assistance Coordinating Council approve the ModernaTX, Inc. application for an EDIP Local Incentive-Only Certified Project; and further, that: a. The project is consistent with the City of Marlborough’s economic development objectives and is likely to increase employment opportunities for Marlborough residents; b. The project will not overburden the City of Marlborough's infrastructure and utilities; c. The project as described in the proposal has a strong likelihood that it will cause a significant influx or growth in business activity, will create a significant number of jobs, and will contribute significantly to the resiliency of the Marlborough economy; and d. The City Council approves ModernaTX, Inc.’s request that the project be designated by the Massachusetts Economic Assistance Coordinating Council as an EDIP Local Incentive-Only Certified Project for twenty (20) years. 2. The City Council of the City of Marlborough agrees to authorize the use of tax increment financing, authorizes the Mayor to enter into a tax increment financing agreement with ModernaTX, Inc. and authorizes submission of the tax increment financing agreement to the Massachusetts Economic Assistance Coordinating Council. APPROVED; adopted. Suspension of the Rules requested – granted. Motion by Councilor Perlman, seconded by the Chair to adopt the following: ORDERED: WHEREAS, the City of Marlborough has care, custody, management, and control of a certain parcel of land, known as the “rail spur”, located off Lincoln Street, Marlborough, MA, shown as “Proposed Rail Spur Parcel” on the attached plan of land, said parcel containing 9,387 square feet, more or less (the “Property”), and the assessed value of the rear/landlocked Property is approximately $1,300.00; IN CITY COUNCIL 12 MAY 8, 2023 NOW THEREFORE, BE IT VOTED BY A 2/3RDS VOTE: (1) That the Property is declared surplus and available for disposition by conveyance for nominal consideration to the Marlborough Economic Development Corporation for economic development purposes in accordance with MGL Chapter 30B, Ch. 40 of the Acts of 2007, and any applicable general or special law, and the Mayor is authorized to execute a deed to the MEDC, subject to the terms and conditions of a letter agreement dated September 13, 2022, by and between the MBTA and the City relative to open space and access, and a Partial Release and Termination of Certain Deed Restrictions by MBTA recorded in said Registry at Book 80744, Page 87. APPROVED; adopted. Suspension of the Rules requested – granted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Application for a Special Permit from Connorstone Engineering, on behalf of Trombetta Family Limited Partnership, to allow the use of an existing Contractor/Landscape Contractor Yard within the LI district to be located at 655 Farm Road, referred to the CITY SOLICITOR TO BE PLACED IN PROPER LEGAL FORM FOR THE MAY 22, 2023, COUNCIL MEETING; adopted. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Mayor submit to the City Council to appear on the May 22, 2023 agenda, a Transfer Request in the amount of $1,440,000.00 from the Undesignated Fund to the West Side Fire Station Stabilization Account (83600-32900). The Green District project recently submitted the Phase 2 portion of the mitigation funds identified in Conditions 6 and 7 in Special Permit Order No. 19-1007762C, APPROVED; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Mayor submit to the City Council to appear on the May 22, 2023 agenda, an internal Transfer Request in the amount of $42,000.00 from the various accounts in the City Clerk and Election Department budgets. These transfers are attached in the letter dated February 21, 2023. These voting booths will be more efficient (setup and breakdown) and allow more voters at each precinct, lighter and easier to move and take up less storage space at each voting location, APPROVED; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Mayor submit to the City Council to appear on the May 22, 2023 agenda, a Transfer Request in the amount of $110,000.00 from the Undesignated Fund to the Capital Outlay Account to purchase new voting machines. The attached February 1, 2023, letter identifies the current 2007 AccuVote machines are in need of replacement, 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 by Roman Kimyagarov, d/b/a Arthur & Sons Shoe Repair, 107 Main Street, APPROVED; adopted. IN CITY COUNCIL 13 MAY 8, 2023 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Requests totaling $748,290.00 from Economic Development to MEDC Funding for the FY 2024 Operating Budget for MEDC ($648,290.00), and the Economic Development Toolbox ($100,000.00), APPROVED; adopted. IN CITY COUNCIL 14 MAY 8, 2023 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $393,854.64 from PEG Funds to Marlboro Cable Trust to fund the operation of WMCT-TV for FY 2024, APPROVED; adopted. Councilor Ossing filed a Disclosure of Appearance of Conflict of Interest for the record. 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.