City Council

Ward Councilors Councilors-at-Large Ward 1 – Mark A. Vital Sean A. Navin Ward 2 – David Doucette Mark A. Oram Ward 3 – Robert Preciado Michael H. Ossing Ward 4 – Teona C. Brown Kathleen D. Robey Ward 5 – John J. Irish Ward 6 – A. Trey Fuccillo 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, FEBRUARY 12, 2024 The regular meeting of the City Council was held on Monday, February 12, 2024, at 8:00 PM in City Council Chambers, City Hall. Councilors Present: Ossing, Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Landers, Navin, Oram, & Robey. Meeting adjourned at 8:28 PM. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, JANUARY 22, 2024, FILE; adopted. That the PUBLIC HEARING on the Application from ViewPoint Sign and Awning on behalf of Best Western Royal Plaza Hotel for replacement of a Free-Standing EMC Sign at 181 Boston Post Road West, Order No. 23-1009035, all were heard who wish to be heard, hearing closed at 8:08 PM; adopted. Councilors Present: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Landers, Navin, Oram, Ossing & Robey. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Michael Kennedy on behalf of Kennedys Restaurant and Market, re: Request to Withdraw without Prejudice the Application for installation of a Free-Standing EMC Sign at 247 Maple Street, APPROVED; adopted. That the PUBLIC HEARING on the Application from Barlo Signs on behalf of Kennedys Restaurant and Market for installation of a Free-Standing EMC Sign at 247 Maple Street, Order No. 23-1009036, be CANCELLED; adopted. Councilors Present: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Landers, Navin, Oram, Ossing & Robey. IN CITY COUNCIL 2 FEBRUARY 12, 2024 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Mid-Year Transfer Requests in the amount of $1,202,100.00 (One million two hundred two thousand one hundred dollars) from various departments for FY24, which moves funds from and to accounts as outlined in the transfer sheets, referred to FINANCE COMMITTEE; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: City Clerk/Election FISCAL YEAR: 2024 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $35,354.60 $13,000.00 11620002 50520 Principal Clerk $4,450.00 11610002 50290 Assistant City Clerk $27,524.17 Reason: Position not filled for entire year Reason: Salary Ordinance change $1,550.00 11610004 53180 Prof & Tech Svcs $838.81 Reason: Reason: Updates to General Code & Traffic Regulations $1,000.00 11620005 54220 Office Supply/Expense $1,550.88 Reason: Reason: Election related materials and supplies $6,000.00 11620006 53871 Poll Workers $18,795.00 Reason: Reason: Additional assistance for Early Voting/VBM $13,000.00 Total $13,000.00 Total CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Various FISCAL YEAR: 2024 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $141,700.00 $50,100.00 11990006 57820 Reserve for Salaries $17,200.00 11210001 50321 Chief of Staff $11,164.52 Reason: Funds available To cover vacation payout, slbb and overlap $4,900.00 11210002 50590 Executive Admin $18,483.26 To cover vacation payout and slbb $11,000.00 11410004 53180 Assesors Professionl & Tech $10,686.80 Reason: To cover unexpected appraisals & consulting services $1,600.00 11550004 52544 Maint Contract/Copier $20,911.25 Reason: Library printing shortfall $10,400.00 11550006 53420 Telephone-City $46,004.80 Reason: Additional phones/phone lines $5,000.00 11210005 54230 Mayors Expense $3,735.13 Reason: To cover expenses through June 30th $50,100.00 Total $50,100.00 Total IN CITY COUNCIL 3 FEBRUARY 12, 2024 CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: DPW - School Maintenance and Property Maintenance FISCAL YEAR: 2024 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $67,535.00 $26,000.00 11920001 50375 Plumber $26,000.00 13032003 51240 Temporary Part-Time $1,500.00 Reason: Excess due to vacancy Part time Plumber $67,535.00 $19,000.00 11920001 50375 Plumber $19,000.00 13032003 51300 Additional Gross $0.00 Reason: Excess due to vacancy Increased overtime need $213,159.42 $10,000.00 11920003 50560 Houseworker $10,000.00 11920004 53140 Contract Services $0.00 Reason: Excess due to vacancy Library Custodians $55,000.00 Total $55,000.00 Total CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: DPW - School Maintenance - Electricity Utilities FISCAL YEAR: 2024 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $213,159.42 $41,000.00 11920003 50560 Houseworker $41,000.00 13032006 52120 Electricity $637,612.63 Reason: Excess due to vacancy Rate increase $67,400.00 $7,000.00 14003001 50750 Equipment Operator - RDF $7,000.00 13032006 52120 Electricity $637,612.63 Reason: Excess due to vacancy Rate increase $98,310.44 $71,000.00 14003003 51240 Drop-Off Attendant $71,000.00 13032006 52120 Electricity $637,612.63 Reason: Excess due to vacancy Rate increase $489,104.79 $22,000.00 14001503 50740 Equipment Operator - FPC $22,000.00 13032006 52120 Electricity $637,612.63 Reason: Excess due to vacancy Rate increase $96,926.87 $16,000.00 14001001 50600 DPW Commissioner $16,000.00 13032006 52120 Electricity $637,612.63 Reason: Excess due to vacancy Rate increase $157,000.00 Total $157,000.00 Total IN CITY COUNCIL 4 FEBRUARY 12, 2024 CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: DPW - School Maintenance - Electricity Utilities FISCAL YEAR: 2024 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $150,708.28 $10,000.00 60085001 50850 Treatment Plant Operator $10,000.00 13032006 52120 Electricity $637,612.63 Reason: Excess due to vacancy Rate increase $254,173.30 $237,000.00 60086006 52935 Solid Waste Disposal $237,000.00 13032006 52120 Electricity $637,612.63 Reason: No additional surcharges Rate increase $247,000.00 Total $247,000.00 Total CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: DPW - School Maintenance - Gas Utility FISCAL YEAR: 2024 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $96,926.87 $46,000.00 14001001 50600 DPW Commissioner $46,000.00 13032006 52200 Gas $333,349.83 Reason: Excess funds due to vacancy Rate increase $65,600.00 $65,600.00 14001101 50700 Grade 2 Engineer (Aide) $65,600.00 13032006 52200 Gas $333,349.83 Reason: Excess funds due to vacancy Rate increase $156,584.88 $42,400.00 14001101 50710 Junior Civil Engineer $42,400.00 13032006 52200 Gas $333,349.83 Reason: Excess funds due to vacancy Rate increase $61,702.05 $8,000.00 13032001 50386 HVAC $8,000.00 13032006 52200 Gas $333,349.83 Reason: Excess funds due to vacancy Rate increase $162,000.00 Total $162,000.00 Total IN CITY COUNCIL 5 FEBRUARY 12, 2024 CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: DPW - Property Maintenance - Electricity Utility FISCAL YEAR: 2024 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $451,863.20 $60,000.00 14001303 50740 Equipment Operator - Streets $60,000.00 11920006 52120 Electricity $989,955.14 Reason: Excess due to vacancy Rate increase $156,584.88 $21,000.00 14001101 50710 Junior Civil Engineer $21,000.00 11920006 52120 Electricity $989,955.14 Reason: Excess due to vacancy Rate increase $9,312.25 $5,000.00 14001103 51240 Temporary Part/Time $5,000.00 11920006 52120 Electricity $989,955.14 Reason: Excess due to vacancy Rate increase $489,104.79 $98,000.00 14001503 50740 Equipment Operator - FPC $98,000.00 11920006 52120 Electricity $989,955.14 Reason: Excess due to vacancy Rate increase $67,400.00 $27,000.00 14003001 50750 Equipment Operator - RDF $27,000.00 11920006 52120 Electricity $989,955.14 Reason: Excess due to vacancy Rate increase $211,000.00 Total $211,000.00 Total CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: DPW - Property Maintenance - Gas Utility FISCAL YEAR: 2024 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $451,863 $31,000.00 14001303 50740 Equipment Operator - Streets $31,000.00 11920006 52200 Natural Gas $186,090.39 Reason: Excess due to vacancy Rate increase $6,000 $6,000.00 14001303 51240 Temporary / Part Time $6,000.00 11920006 52200 Natural Gas $186,090.39 Reason: Excess due to vacancy Rate increase $37,000.00 Total $37,000.00 Total IN CITY COUNCIL 6 FEBRUARY 12, 2024 CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: DPW - Fleet FISCAL YEAR: 2024 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $67,400 $3,000.00 14003001 50750 Equipment Operator - RDF $3,000.00 14001403 51470 Interim Foreman $9,421.90 Reason: Excess due to vacancy Increased need $3,000.00 Total $3,000.00 Total CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: DPW - Sewer FISCAL YEAR: 2024 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $419,800 $145,000.00 61090001 50740 Equipment Operator - Water $145,000.00 60080006 55660 Pumping Station $52.95 Reason: Excess due to vacancy Replenish funds from Legal Services $213,159 $25,000.00 11920003 50560 Houseworker $25,000.00 60080006 55660 Pumping Station $52.95 Reason: Excess due to vacancy Replenish funds from Legal Services $213,159 $60,000.00 11920003 50560 Houseworker $60,000.00 60080004 53110 Legal Services $0.00 Reason: Excess due to vacancy Northborough legal fees $67,400 $10,000.00 14003001 50750 Equipment Operator - RDF $10,000.00 60080003 51310 Overtime - Regular $1,043.64 Reason: Excess due to vacancy Increased need $240,000.00 Total $240,000.00 Total IN CITY COUNCIL 7 FEBRUARY 12, 2024 CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: DPW - East Plant FISCAL YEAR: 2024 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $150,708 $27,000.00 60085001 50850 Treatment Plant Operator $27,000.00 60081003 51310 Overtime - Regular $22,921.80 Reason: Excess due to vacancy On-call Program $27,000.00 Total $27,000.00 Total Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $162,202.95 (One hundred sixty-two thousand two hundred two dollars and ninety-five cents) from Free Cash to the Opioid Settlement Special Revenue Fund, referred to FINANCE COMMITTEE; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Mayor FISCAL YEAR: 2024 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $7,602,846.40 $162,202.95 10000 35900 Undesignated Fund $162,202.95 29012809 48999 Opioid Set lements $0.00 Reason: To move payments received in FY23 $162,202.95 Total $162,202.95 Total IN CITY COUNCIL 8 FEBRUARY 12, 2024 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 $20,150.00 from the MA Emergency Management Agency (MEMA) awarded to Marlborough Emergency Management to be used to fund the acquisition of additional equipment and supplies, adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Proposed Amendments to the City Code, Chapter 125 “Personnel” §5 “Preparation of Classification Descriptions” and to Chapter 125 “Personnel” §6 “Salary Schedule” to create a new position of Communications & Special Projects Director in addition to a Transfer Request in the amount of $25,900.00 to fund the position for the remainder of FY 24, referred to FINANCE COMMITTEE, adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Mayor FISCAL YEAR: 2024 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $61,500.00 $25,900.00 15120001 50607 Substance Abuse Coordinator $25,900.00 11210002 50592 Comms Director $0.00 Reason: Vacant position New position $25,900.00 Total $25,900.00 Total Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Mayor, re: Notification of Extension of Temporary Appointment pursuant to MGL Chapter 41 §61A of David Williams as Interim Comptroller/Treasurer for an additional 60-day term to expire April 2, 2024, FILE; adopted. Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Reappointments of Sean Fay, Barbara Fenby, and Christopher Russ to the Planning Board for 5-year terms respectively to expire on February 5, 2029, 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: Request for Executive Session to discuss litigation strategy relative to JW Capital Partners, LLC and Marlborough TOTG LLC v. City of Marlborough (Land Court No. 23 MISC 000199), MOVED TO THE END OF AGENDA & FILE; adopted. Councilor Preciado Recused. IN CITY COUNCIL 9 FEBRUARY 12, 2024 Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Communication from City Clerk, Steven Kerrigan, re: Presidential Primary Election Call, FILE; adopted. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Communication from City Clerk, Steven Kerrigan, re: In-Person Early Voting for Presidential Primary, FILE; adopted. Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Communications from Karin Paquin of the Conservation Commission and James Confrey of the Council on Aging, re: Notification of Resignation as member of their respective board, FILE; adopted. Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY FEBRUARY 26, 2024, as the DATE FOR PUBLIC HEARING, on the Petition from Massachusetts Electric and Verizon New England, to install one Joint Owned Pole at 219 Forest Street beginning at a point approximately 972’ East of the centerline of the intersection of Teller Street. Install 45’C1.2 midspan between Poles 25 & 26. Install feeder monitor on new midspan Pole 25- 50, referred to the PUBLIC SERVICES COMMITTEE; adopted. Councilor Vital Recused. Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Application for Renewal of Taxi/Livery License from Katsunori Tanaka d/b/a Global Limousine & Tour Services, to operate a Livery Service (One Vehicle) at 17 Eager Court, APPROVED; 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, December 12, 2023, January 1, 2024 & January 9, 2024. b) Conservation Commission, January 4, 2024, January 11, 2024 & January 18, 2024. c) Cultural Council, January 3, 2024. d) Library Trustees, November 7, 2023. e) OPEB Trust, January 18, 2024 & January 24, 2024. f) Planning Board, December 4, 2023 & December 18, 2023. g) Traffic Commission, November 29, 2023. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the following CLAIMS, referred to the LEGAL DEPARTMENT; adopted. a) Jose Aguilar, 55 Norwood Street, other property damage and/or personal injury. b) Joniel Anderson, 111 Howe Street, other property damage and/or personal injury. c) James Lee, 849 Boston Post Road East, #1F, pothole or other road defect. d) Nagwa Mina, 12 McIntyre Court, other property damage and/or personal injury. e) Lucas Ragan, 39 Austen Way, #13F, pothole or other road defect. f) Jonathan Taft, 30 Broad Street, #201, other property damage and/or personal injury. g) Ted Tamburro, 168 Naugler Avenue, pothole or other road defect. IN CITY COUNCIL 10 FEBRUARY 12, 2024 Councilor Navin reported the following out of the Personnel Committee: City Council Personnel Committee January 29, 2024 Minutes and Report This meeting convened at 7:35 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 Navin, Councilors Brown and Doucette. Non-Voting members present: Councilors Vital, Oram, Robey, Irish and Fuccillo. Also present: Mayor Dumais, Conservation Commission Chair Edward Clancy. Order No. 24-1009071: Communication from Mayor Dumais with Appointment to the Conservation Commission of Elizabeth Austin for a 2-year term to expire on May 5, 2026. Chair Navin read the letter from the Mayor into the record. Ms. Austin answered questions from councilors and explained her interest in joining the commission. Edward Clancy, Chair of the Conservation Commission, highly endorsed Elizabeth’s appointment, indicating she will be a perfect fit as a new member of the commission. On a motion by Councilor Brown, seconded by the Chair, the Personnel Committee recommends approval of the appointment of Elizabeth Austin to the Conservation Commission for a 2-year term to expire on May 5, 2026. Vote 3-0 Motion made and seconded to adjourn; the meeting adjourned at 7:50 PM. Councilor Irish reported the following out of the Finance Committee: City Council Finance Committee January 29, 2024 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 Brown, Vital, Fuccillo and Oram. Non-Voting Members present: Councilors Navin, Robey, and Doucette. Also present: Mayor Dumais; City Auditor Smith; Acting DPW Commissioner Scott; IT Director Gibbs; Library Director Belisle; WMCT-TV Director Malyar. Order No. 24-1009067: Communication from Mayor Dumais with Transfer in the amount of $40,000.00 which moves funds from Free Cash to IT Equipment for Website Upgrade and Redesign Project. IN CITY COUNCIL 11 FEBRUARY 12, 2024 Reports of Committee Continued: Chair Irish read the letter from the Mayor addressing the transfer. Mayor Dumais explained the updates to the website and asked for a suspension of the rules to approve the transfer on February 12. On a motion by Councilor Brown, seconded by the Chair, the Finance Committee recommended approval of the transfer under suspension of the rules on February 12, 2024. Vote 5-0 Order No. 24-1009068: Communication from Mayor Dumais with Transfer in the amount of $100,000.00 from the Public Educational and Government Access Channels (PEG) Fund to fund WMCT-TV Operations. Chair Irish read the letter from the Mayor into the record. On a motion by Councilor Brown, seconded by the Chair, the Finance Committee recommended approval of the transfer. Vote 5-0 Order No. 24-1009070: Communication from Mayor Dumais with request to increase the spending limit for the Public Safety Revolving Fund from $120,000.00 to $143,000.00 for the remainder of FY2024. Chair Irish read the letter from the Mayor into the record. Police Chief Giorgi and Fire Chief Breen support the increase in the spending limit for the revolving fund. The funds are from the annual dispatch fee from Patriot Ambulance. On a motion by Councilor Oram, seconded by the Chair, the Finance Committee recommended approval of the increase in the spending limit for the Public Safety Revolving Fund from $120,000.00 to $143,000.00. Vote 5-0 Order No. 24-1009072: Communication from Mayor Dumais with proposed amendments to the City Code, Chapter 125 “Personnel” §6 ‘Salary Schedule’ relative to positions at the Library and Public Facilities and the proposed job descriptions pursuant to Chapter 125 “Personnel” §5 ‘Preparation of Classification Descriptions’ for new positions in the Public Library and Public Facilities Departments. Chair Irish read the letter from Mayor Dumais. On a motion by Councilor Brown, seconded by the Chair, the Finance Committee recommended approval of the ordinances and Job Descriptions as submitted. Vote 5-0 Motion made and seconded to adjourn; meeting adjourned at 7:30 PM IN CITY COUNCIL 12 FEBRUARY 12, 2024 Suspension of the Rules requested – granted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED That the Transfer Request in the amount of $40,000.00 (Forty thousand dollars) which moves funds from Free Cash to IT Equipment for Website Upgrade & Redesign Project, APPROVED; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: IT FISCAL YEAR: 2024 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $7,602,846.40 $40,000.00 10000 35900 Undesignated Fund $40,000.00 19300006 58618 IT Equipment $0.00 Reason: Website redesign $40,000.00 Total $40,000.00 Total Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Marlborough City Council meet in executive session under Purpose 3 of the Open Meeting Law, MGL c. 30A, s. 21(a)(3), to “discuss strategy with respect to…litigation if an open meeting may have a detrimental effect on the…litigating position of the public body” regarding the pending matter, JW Capital Partners, LLC and Marlborough TOTG LLC v. Marlborough City Council (Land Court No. 23 MISC 000199), as the chair hereby declares that discussion in an open session may have a detrimental effect on the City and the City Council’s litigating position. The City Council will not re-convene in open session after the Executive Session. APPROVED; adopted. Yea: 10 – Abstain: 1 Yea: Vital, Doucette, Brown, Irish, Fuccillo, Landers, Navin, Oram, Ossing & Robey. Abstain: Preciado. Motion by Councilor Navin, 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 8:28 PM; adopted.