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, MARCH 11, 2024 The regular meeting of the City Council was held on Monday, March 11, 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 8:15 PM. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, FEBRUARY 26, 2024, FILE; adopted. Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Mayor, re: Notification of appointment of Joseph Bisol as Chair of the Council on Aging Board pursuant to Chapter 161 §2 of the Code replacing James Confrey, FILE, 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 $23,100.00 from the MA Cultural Council awarded to the Marlborough Cultural Council, in support of worthy arts, humanities, music, and youth-based initiatives in our community, adopted. IN CITY COUNCIL 2 MARCH 11, 2024 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $786,500.00 (Seven hundred eighty-six thousand five hundred dollars) from Free Cash to Fire Equipment for the purchase of an E- ONE Fire Engine for the Fire Department, referred to FINANCE COMMITTEE; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Solicitor Jason Grossfield, re: Executed Settlement Agreement in the matter of JW Capital Partners, LLC and Marlborough TOTG LLC v. Marlborough City Council, FILE; adopted. Councilor Preciado Recused. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Notice from the Retirement Board of a meeting on March 26, 2024, to consider a Cost-of-Living Adjustment (COLA) to qualifying retirees and beneficiaries of the Marlborough Retirement System, FILE; adopted. Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY MARCH 25, 2024, as the DATE FOR PUBLIC HEARING, on the Petition of MA Electric and Verizon New England, to install one Joint Owned Pole on Simarano Drive, beginning at a point approximately 20’ East of the centerline of the intersection of Value Way. Install 50’C1.2 midspan #13 approximately 90’ from Pole 12 towards Pole 1 to allow installation of a 600 KVAR cap bank; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Application for a Sign Special Permit from Eric Lane, on behalf of the Advanced Math and Science Academy Charter School (AMSA), to install a Free-Standing EMC Sign at 165-201 Forest Street, FILE; adopted. Councilor Vital Recused. IN CITY COUNCIL 3 MARCH 11, 2024 Motion by Councilor Oram, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Central MA Mosquito Control Project, re: Budget Notification for FY25 and Compliance Certification Policy, 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) Commission on Disabilities, July 10, 2023. b) Planning Board, January 8, 2024 & January 22, 2024. c) Traffic Commission, January 17, 2024. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the following CLAIMS, referred to the LEGAL DEPARTMENT; adopted. a) Daniel Escalante, 76 Leoleis Drive, pothole or other road defect. Councilor Irish reported the following out of the Finance Committee: City Council Finance Committee March 4, 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 Fuccillo, Brown, Vital and Oram. Non-Voting Members Present: Councilors Ossing, Landers, Robey, Navin, Preciado and Doucette. Mayor Dumais, Principal Assessor Valade and IT Director Mark Gibbs addressed the following orders: Order No. 24-1009097 – Communication from the Mayor re: Proposed increase to the hours of the Senior Assessor from 35 hours to 40 hours per week and a Transfer Request in the amount of $3,653.00 from Reserve for Salaries to Senior Assessor to cover the salary increase for the remainder of FY24. Chair Irish read the communication from the Mayor. Principal Assessor Valade submitted that the increase in hours will better align the senior assessor position with similar positions in other communities that work a 40-hour work week. Chair Irish stated his concern that other employees will want to extend their hours to 40 hours from the standard 35-hour work week to increase their salaries. Councilor Vital expressed a similar concern. Replying to Councilor Ossing’s question regarding $200,000.00 funded in the Assessor’s Office and the reliance on outside vendors, Mayor Dumais stated that the accounts for outside vendors will be decreased in next year’s budget. Responding to Councilor Landers, Mr. Valade stated the Assessor’s Office is open from 8:30 AM to 5:00 PM and the new hours under this ordinance would be 8:30 AM to 5:00 PM. Mr. Valade stated his greatest concern is that the Senior Assessor will be able to join him during the day on field inspections as a result of the extra hours. IN CITY COUNCIL 4 MARCH 11, 2024 Reports of Committee Continued: On a motion by Councilor Brown, seconded by Councilor Oram, the Finance Committee recommends approval of the Mayor’s request as submitted. Vote: 4 in favor; 1 (Irish) opposed. The Finance Committee discussed Order No. 24-1009082, Mayor Dumais’ request for a new position, entitled “Communications & Special Projects Director.” The order remains in committee after a motion by Councilor Brown to approve, seconded by Councilor Oram, did not carry by a vote of 2 in favor; 3 opposed. Motion made and seconded to adjourn; meeting adjourned at 8:24 PM. Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Reappointment of Sean Fay, Barbara Fenby and Christopher Russ to the Planning Board for a 5-year term to expire on February 5, 2029, APPROVED; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the recommendation of the Finance Committee which is to approve the Mid-Year Transfer Requests in the amount of $1,197,100.00. Motion by Councilor Irish, seconded by the Chair to amend the Finance Committee recommendation by adding back in $5,000.00 for the Mayor’s Expense and approving the Transfer Requests in the amount of $1,202,100.00; adopted. 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, APPROVED; 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 IN CITY COUNCIL 5 MARCH 11, 2024 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 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 IN CITY COUNCIL 6 MARCH 11, 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 $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 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 IN CITY COUNCIL 7 MARCH 11, 2024 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 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 IN CITY COUNCIL 8 MARCH 11, 2024 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 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 IN CITY COUNCIL 9 MARCH 11, 2024 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 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 IN CITY COUNCIL 10 MARCH 11, 2024 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED That the establishment of the Opioid Settlement Special Revenue Fund pursuant to Chapter 77 of the Acts of 2023, APPROVED WITH THE FOLLOWING CONDITIONS; adopted. 1. The Mayor shall report all receipts into the Opioid Settlement Special Revenue Fund to the City Council for informational purposes. 2. The Mayor shall report all expenditures from the Opioid Settlement Special Revenue Fund to the City Council for informational purposes. 3. The Mayor shall submit the Municipal Abatement Fund expenditure report as required by the statewide Opioid Settlement Agreement to the City Council annually. 4. The Auditor shall include a monthly report to the City Council that shows the balance, receipts, and expenditures in the Opioid Settlement Special Revenue Fund. 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, APPROVED; 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 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 8:15 PM; adopted.