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, APRIL 8, 2024 The regular meeting of the City Council was held on Monday, April 8, 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 8:20 PM. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, MARCH 25, 2024, FILE; adopted. Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Communication from Councilors Ossing & Navin, re: Municipal Aggregation – March 2024 Update, FILE; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $762,465.00 (Seven hundred sixty-two thousand, four hundred sixty-five dollars) from Economic Development to MEDC Funding for the FY 2025 Operating Budget of MEDC, 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 $1,923,893.90 $762,465.00 27000099 42440 Economic Development $762,465.00 11740006 53950 MEDC Funding $0.00 Reason: To allow the MEDC to continue it's work in promoting the economic development of the City for FY25 $762,465.00 Total $762,465.00 Total IN CITY COUNCIL 2 APRIL 8, 2024 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $150,000.00 (One hundred fifty thousand dollars) from Economic Development to MEDC Funding for the Economic Development Toolbox, 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 $1,923,893.90 $150,000.00 27000099 42440 Economic Development $150,000.00 11740006 53950 MEDC Funding $0.00 Reason: To replenish the Economic Development Toolbox for FY25 $150,000.00 Total $150,000.00 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 $250,000.00 from the Marlborough Public Library Foundation awarded to the Marlborough Public Library to be used for the library renovation project; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Proposed Ordinance Amendments the City Code, Chapter 125 “Personnel” §5 “Preparation of Classification Descriptions” and to Chapter 125 “Personnel” §6 “Salary Schedule” relative to the position of Drop-Off Attendant and Junior Civil Engineer within the Department of Public Works, referred to the FINANCE COMMITTEE & ADVERTISE. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Proposed Acceptance of Deed In Lieu of Foreclosure concerning parcels of land located off Mosher Lane identified as Map 10, Parcel 41, Map 10, Parcel 82, Map 11, Parcels 3 & 40, referred to the LEGISLATIVE & LEGAL AFFAIRS COMMITTEE, LEGAL DEPARTMENT & ENGINEERING DEPARTMENT; adopted. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Proposed Acceptance of Easement for a small portion of land at the corner of Hayes Memorial Drive and Boston Post Road West (Route 20) from the property owner(s) of 1000 Nickerson Road for a “Welcome to Marlborough” sign, referred to the LEGISLATIVE & LEGAL AFFAIRS COMMITTEE; adopted. 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 May 31, 2024, FILE; adopted.  IN CITY COUNCIL 3 APRIL 8, 2024 Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That Communication from the Mayor, re: Notification of Temporary Appointment pursuant to MGL Chapter 41 §61A of David Williams as Interim City Collector effective April 1, 2024, for a 60-day term to expire May 31, 2024, FILE; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Assistant City Solicitor Jeremy McManus on behalf of Councilor Robey, re: Proposed Zoning Ordinance Amendment to Chapter 650 “Zoning” relative to updating provisions regarding Medical and Adult Use Marijuana, referred to URBAN AFFAIRS COMMITTEE, PLANNING BOARD, AND ADVERTISE A PUBLIC HEARING FOR MONDAY, MAY 6, 2024; adopted. THAT, PURSUANT TO § 5 OF CHAPTER 40A OF THE GENERAL LAWS, THE CITY COUNCIL OF THE CITY OF MARLBOROUGH, HAVING SUBMITTED FOR ITS OWN CONSIDERATION CHANGES IN THE ZONING ORDINANCE OF THE CITY OF MARLBOROUGH AS AMENDED, TO FURTHER AMEND CHAPTER 650, NOW ORDAINS THAT THE ZONING ORDINANCE OF THE CITY OF MARLBOROUGH, AS AMENDED BE FURTHER AMENDED BY ADDING THERETO AS FOLLOWS: I. Section 650-17, entitled “Table of Uses” is hereby amended as follows (new text shown as underlined, deleted text shown as strikethrough): RR A- A- A- R R RC N B CA LI I M WAYSID 1 2 3 B C R B V E Medical and/or adult use marijuana cultivator, independent testing laboratory, product manufacturer, or transporter (47)craft marijuana S S N N N N N N N N N N N N cooperative, P P marijuana microbusiness, marijuana courier, marijuana delivery operator, marijuana research facility, or transporter (47) II Section 650-18, entitled “Conditions for Uses,” is hereby amended as follows (new text shown as underlined, deleted text shown as strikethrough): (47) Medical and/or adult use marijuana cultivator, independent testing laboratory, product manufacturer, craft marijuana cooperative, marijuana microbusiness, marijuana courier, marijuana delivery operator, marijuana research facility, or transporter: IN CITY COUNCIL 4 APRIL 8, 2024 (b) Shall be limited in number to one of each type (cultivator, independent testing laboratory, product manufacturer, craft marijuana cooperative, marijuana microbusiness, marijuana courier, marijuana delivery operator, marijuana research facility, or transporter), but in no event fewer than the number of medical marijuana treatment centers registered to engage in the same type of activity in the City of Marlborough; (d) All aspects of a medical and/or adult use marijuana cultivator, independent testing laboratory, product manufacturer, craft marijuana cooperative, marijuana microbusiness, marijuana courier, marijuana delivery operator, marijuana research facility, or transporter concerning marijuana or products containing marijuana, related supplies or educational materials must take place in a fixed location within a fully enclosed building, with the exception of the actual transport of marijuana, marijuana products and related supplies, and shall not be visible from the exterior of the building; and III The following portions of Section 650-32 are hereby amended as follows (new text shown as underlined, deleted text shown as strikethrough): § 650-32. Medical and Adult Use Marijuana marijuana treatment centers; adult use marijuana retail; marijuana accessories retail; medical and/or adult use marijuana cultivator; independent testing laboratory product manufacturer or transporter. A. Medical marijuana treatment centers. Subject to the provisions of this Zoning Ordinance, Chapter 40A of the Massachusetts General Laws, Chapter 94I of the Massachusetts General Laws, and 105 CMR 725.000935 CMR 501.101, all as amended, the City of Marlborough Zoning Ordinance will not prohibit the location of a center for medical marijuana treatment within the City of Marlborough, but will instead regulate such centers. A medical marijuana treatment center should provide medical support, security, oversight by a physician, and standards that meet or exceed said regulations105 CMR 725.000. These centers should not compete to provide streamlined care to patients and should not provide a location for patients to wait for treatment in the vicinity of children. Therefore, to ensure that these centers are located in such a way as to not pose a direct threat to the health or safety of either qualifying patients or the public at large, the provisions of this section will apply to all such centers. (A.2) Medical and/or adult use marijuana cultivator, independent testing laboratory, product manufacturer or transporter., craft marijuana cooperative, marijuana microbusiness, marijuana courier, marijuana delivery operator, marijuana research facility, or transporter. Subject to the provisions of this Zoning Ordinance, Chapter 40A of the Massachusetts General Laws, Chapter 94I of the Massachusetts General Laws, Chapter 94G of the Massachusetts General Laws, 105 CMR 725.000, 935 CMR 500.000regulations promulgated pursuant to said general laws, and the ordinances and regulations of the City of Marlborough, its boards and commissions, all as amended, the City of Marlborough Zoning Ordinance will not prohibit the location of craft marijuana cooperatives, cultivators, microbusinesses, independent testing laboratories, product manufacturers, ormarijuana transporters, marijuana courier, marijuana delivery operator, or marijuana research facilities for the purposes of medical marijuana or adult use marijuana, within the City of Marlborough, but will instead regulate such businesses. To ensure that these businesses are located in such a way as to not pose a direct threat to the health or safety of children and other vulnerable populations, the provisions of this section will apply to all such businesses. IN CITY COUNCIL 5 APRIL 8, 2024 B. In the interpretation of this chapter, the meanings of words and phrases shall be according to the definitions included in this § 650-32 of the Code of the City of Marlborough, entitled "medical marijuana treatment centers," Chapter 94I of the Massachusetts General Laws, Chapter 94G of the Massachusetts General Laws, and regulations promulgated pursuant to said general lawsChapter 334 of the Acts of 2016, as amended by Chapter 55 of the Acts of 2017, 105 CMR 725.000, MGL c. 94G and 935 CMR 500.002, all as amended, and unless the context shows another sense to be intended. For purposes of this chapter, the following definitions shall also apply: MEDICAL AND/OR ADULT USE MARIJUANA INDEPENDENT TESTING LABORATORY A laboratory that is licensed by the Cannabis Control Commission and is (i) currently and validly licensed under 935 CMR 500.101, or formerly and validly registered by the Commission; (ii) accredited to ISO 17025: 2017 or the International Organization for Standardization 17025 by a third-party accrediting body that is a signatory to the International Laboratory Accreditation Accrediting Cooperation mutual recognition arrangement or that is otherwise approved by the Commission; (iii) independent financially from any MTC marijuana establishment or licensee; and (iv) qualified to test marijuana and marijuana products, including MIPs, in compliance with M.G.L. c. 94C, § 34; M.G.L c. 94G, § 15; 935 CMR 500.000; 935 CMR 501.000: Medical Use of Marijuana; and Commission protocol(s).accredited to the most current International Organization for Standardization 17025 by a third- party accrediting body that is a signatory to the International Laboratory Accrediting Cooperation mutual recognition arrangement or that is otherwise approved by the Commission, (ii) independent financially from any medical marijuana treatment center or any licensee or marijuana establishment for which it conducts a test, and (iii) qualified to test marijuana in compliance with 105 935 CMR 725.031501 and MGL c. 94C, § 34 and/or 935 CMR 500.160 and MGL c. 94G, § 34. ADULT USE MARIJUANA (including the words "MARIJUANA" AND "or CANNABIS" as those words pertain to adult use marijuana) Means all parts of any plant of the genus Cannabis, not excepted in 935 CMR 500.002: Cannabis or Marijuana (a) through (c) and whether growing or not; the seeds thereof; and resin extracted from any part of the plant; Clones of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin including tetrahydrocannabinol as defined in MGL c. 946G, § 1, as amended, provided that adult use marijuana, marijuana or cannabis shalldoes not include the mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake made from the seeds of the plant or the sterilized seed of the plant that is incapable of germination; hemp; or the weight of any other ingredient combined with cannabis or marijuana to prepare topical or oral administrations, food, drink or other products. MARIJUANA ACCESSORIES (or CANNABIS ACCESSORIES) Equipment, products, devices or materials of any kind that are intended or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, injecting, inhaling or otherwise introducing marijuana or cannabis into the body. IN CITY COUNCIL 6 APRIL 8, 2024 MEDICAL AND/OR ADULT USE MARIJUANA CULTIVATOR An entity licensed and registered under 105 CMR 725.100 and/or 935 CMR 500.000, as amended, to cultivate, process and package marijuana, and to transfer deliver to medical marijuana treatment centers and/or to other marijuana establishments, but not to consumers. A craft marijuana cooperative is a type of marijuana cultivator. MARIJUANA ESTABLISHMENT (ME) A licensed marijuana cultivator (indoor or outdoor), craft marijuana cooperative, marijuana product manufacturer, marijuana microbusiness, marijuana retailer, independent testing laboratory, marijuana research facility licensee (as defined in 935 CMR 500.002: Marijuana Research Facility Licensee), marijuana transporter, delivery licensee, social consumption establishment (as defined in 935 CMR 500.002: Social Consumption Establishment) or any other type of licenseds marijuana-related business, except a medical marijuana treatment center (MTC). MARIJUANA-INFUSED PRODUCT (MIP) A marijuana product infused with marijuana that is intended for use or consumption, including, but not limited to, edibles products, ointments, aerosols, oils, and tinctures. A marijuana-infused These product s(MIP), when created or sold by a medical marijuana establishment or an MTC treatment center business, shall not be considered a food or drug as defined in MGL c. 94, § 1. MIPs are a type of marijuana product. MEDICAL AND/OR ADULT USE MARIJUANA MARIJUANA PRODUCT MANUFACTURER An entity licensed to obtain, manufacture, process and package marijuana or and marijuana products, to deliver marijuana and marijuana products and to transfer these products to other marijuana establishments and/or to medical marijuana treatment centers, but not to consumers. ADULT USE MARIJUANA RETAILER An entity licensed and registered under 935 CMR 500.050, as amended, as a marijuana retailer to purchase repackage, white label, and transport marijuana or marijuana product from marijuana establishments a craft marijuana cooperative, marijuana cultivator, independent testing laboratory, product manufacturer or transporter and to sell or otherwise transfer or otherwise transfer this product to marijuana establishments and sell the marijuana to consumers. and to marijuana establishments. Unless licensed, retailers are prohibited from offering marijuana or marijuana products for the purposes of on-site social consumption on the premises of a marijuana establishment. MEDICAL AND/OR ADULT USE MARIJUANA TRANSPORTER An entity, not otherwise licensed by the Cannabis Control Commission, that is licensed to purchase, obtain, and possess marijuana and marijuana products solely for the purpose of transporting, temporary storage, sale and distribution to marijuana establishments or MTCs and/or to medical marijuana treatment centers, but not for sale to consumers. Marijuana transporters may be an existing licensee transporter or third-party transporter. IN CITY COUNCIL 7 APRIL 8, 2024 MEDICAL MARIJUANA TREATMENT CENTER (MTC) (FORMERLY KNOWN AS A REGISTERED MARIJUANA DISPENSARY (RMD)) Refers to the site(s) of dispensing, cultivation, and preparation of marijuana; shall mean a not-for-profit An entity or a for-profit entity registered licensed under 10935 CMR 725.100 501.101 and known thereunder as a registered marijuana dispensary (RMD), that acquires, cultivates, possesses, processes [including development of related products, such as edibles, marijuana-infused products (MIPs), tinctures, aerosols, oils, or ointments], repackagestransfers, transports, sells, distributes, delivers, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to registered qualifying patients or their personal caregivers for medical use. Unless otherwise specified, MTC refers to the site(s) of dispensing, cultivation, and preparation of marijuana for medical use.; and shall be subject to the regulations under § 650-32 of this chapter. MEDICAL- USE OF MARIJUANA (OR MEDICAL-USE CANNABIS) Marijuana that is cultivated, processed, transferred, tested or sold in compliance with M.G.L. c. 94I, and 935 CMR 501.000. The acquisition, cultivation, possession, processing [including development of related products such as marijuana-infused products (MIPs) that are to be consumed by eating or drinking, tinctures, aerosols, oils, or ointments], transfer, transport, sale, distribution, dispensing, or administration of marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers. PERSON An individual or, nonprofit entity, or for-profit entity under the laws of the Commonwealth. ADULT-USE CANNABIS OR MARIJUANA Marijuana that is cultivated, processed, transferred, tested or sold to adults 21 years of age or older pursuant to M.G.L. c. 94G. ADULT-USE CANNABIS OR MARIJUANA PRODUCTS Marijuana product that are processed, manufactured, transferred, tested or sold to adults 21 years of age or older pursuant to M.G.L. c. 94G. COLOCATED MARIJUANA OPERATIONS (CMO) An MTC operating under a license pursuant to 935 CMR 501.000: Medical Use of Marijuana and a marijuana establishment operating under at least one license pursuant to 935 CMR 500.000 on the same premises. Colocated marijuana operations pertain to cultivation, product manufacturing, and retail licenses, but not any other adult-use license. COMMUNITY IMPACT FEE (CIF) Impact fee(s) claimed by a host community in relation to the operations of a particular marijuana establishment or MTC which have been certified by the Commission or ruled upon by a court of competent jurisdiction, as being reasonably related to the actual costs imposed on a host community by a marijuana establishment or MTC’s operations. CRAFT MARIJUANA COOPERATIVE A marijuana cultivator comprised of residents of the Commonwealth and organized as a limited liability company, limited liability partnership, or cooperative corporation under the laws of the commonwealth. A cooperative is licensed to cultivate, obtain, manufacture, process, package, brand and transfer marijuana or marijuana products to marijuana establishments, but not to consumers. IN CITY COUNCIL 8 APRIL 8, 2024 HOST COMMUNITY A municipality in which a marijuana establishment, MTC or independent testing laboratory is located or in which a license applicant has proposed locating an establishment. HOST COMMUNITY AGREEMENT (HCA) An agreement entered into and executed between a host community and a license applicant or between a host community and a marijuana establishment or MTC pursuant to M.G.L. c. 94G § 3(d). HOST COMMUNITY AGREEMENT (HCA) WAIVER A written statement executed by a host community and a license applicant, or by a host community and a marijuana establishment or an MTC, which expresses the parties’ mutual intent to waive the regulatory requirement to have a host community agreement. LICENSE APPLICANT A person or entity pursuing a license to operate a marijuana establishment or MTC who has submitted or intends to submit a license application to the Commission. A license applicant may also be considered a prospective marijuana establishment. MARIJUANA COURIER An entity licensed to deliver finished marijuana products, marijuana accessories and branded goods directly to consumers from a marijuana retailer, or directly to registered qualifying patients or caregivers from an MTC, but is not authorized to sell marijuana or marijuana products directly to consumers, registered qualifying patients or caregivers and is not authorized to wholesale, warehouse, process, repackage, or white label. A marijuana courier is an additional license type under M.G.L. c. 94G § 4(b)(1) that allows for limited delivery of marijuana or marijuana products to consumers; and shall not be considered to be a marijuana retailer under 935 CMR 500.002 or 500.050 and shall be subject to 935 CMR 500.050(1)(b). MARIJUANA DELIVERY ENDORSEMENT Delivery endorsement means authorization granted to licensees in categories of marijuana establishments identified by the Commission to perform deliveries directly from the establishment to consumers. MARIJUANA DELIVERY OPERATOR OR DELIVERY OPERATOR An entity licensed to purchase at wholesale and warehouse finished marijuana products acquired from a marijuana cultivator, marijuana product manufacturer, microbusiness or craft marijuana cooperative, and white label, sell and deliver finished marijuana products, marijuana accessories and marijuana branded goods directly to consumers, but is not authorized to repackage marijuana or marijuana products or operate a storefront under this license. A delivery operator is an additional license type under M.G.L. c. 94G § 4(b)(1) that allows for limited delivery of marijuana or marijuana products to consumers; and shall not be considered to be a marijuana retailer under 935 CMR 500.002 or 500.050 and shall be subject to 935 CMR 500.050(1)(b). MARIJUANA RESEARCH FACILITY An academic institution, nonprofit corporation or domestic corporation or entity authorized to do business in the Commonwealth, including a licensed marijuana establishment or MTC, that is licensed to conduct research by the Massachusetts Cannabis Control Commission. IN CITY COUNCIL 9 APRIL 8, 2024 MARIJUANA RESEARCH FACILITY LICENSEE OR RESEARCH LICENSEE An academic institution, nonprofit corporation or domestic corporation or entity authorized to do business in the Commonwealth, including a licensed marijuana establishment or MTC, that is licensed to conduct research. MICROBUSINESS An entity that can be either a tier 1 marijuana cultivator or marijuana product manufacturer or both, in compliance with the operating procedures for each license and, if in receipt of a delivery endorsement issued by the Commission, may deliver marijuana or marijuana products produced at the licensed location directly to consumers in compliance with established regulatory requirements for retail sale as it relates to delivery. A microbusiness that is a marijuana product manufacturer may purchase no more than 2,000 pounds of marijuana per year from other marijuana establishments for the purpose of marijuana product manufacturing by the licensee. REASONABLY RELATED A demonstrable nexus between the actual operations of an ME or MTC and an enhanced need for a host community’s goods or services in order to offset the impact of operations. Fees customarily imposed on other non-marijuana businesses operating in a host community shall not be considered reasonably related. WHITE LABELING To affix a product label that includes the branding, including the name and logo, of a specific marijuana establishment licensee to a finished marijuana product that was previously produced and packaged by a licensed product manufacturer, cultivator, microbusiness or craft marijuana cooperative for sale to consumers. Vaporizer devices shall not be white labeled. White labeled products shall be required to comply with 935 CMR 500.105(5), and (6), 935 CMR 500.130(6) and 935 CMR 500.146(7). MEDICAL MARIJUANA All parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; and resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil, or cake or the sterilized seed of the plant which is incapable of germination. The term also includes MIPs except where the context clearly indicates otherwise. B. In such zoning districts where a special permit is required for medical marijuana treatment center, adult use marijuana retail business, marijuana accessories business, or medical and/or adult use marijuana cultivator, independent testing laboratory, product manufacturer, craft marijuana cooperative, marijuana microbusiness, marijuana courier, marijuana delivery operator, marijuana research facility, or transporter, upon application, the special permit granting authority shall grant the special permit only upon its written determination that any adverse effects of the proposed use will not outweigh its beneficial impacts to the City or the neighborhood, in view of the particular characteristics of the site, and of the proposal in relation to that site. In addition to any specific factors that may be set forth in this chapter, the determination shall include, but is not limited to, consideration of each of the following: IN CITY COUNCIL 10 APRIL 8, 2024 (C)(9) To the extent permitted by law, Rrequiring payment of a community impact fee; (C)(16) Signs and signage; and (C)(17) Names of businesses, business logos and symbols, subject to state and federal law and regulations; and (C)(18) If applicable, reduce energy and water usage, engage in energy conservation and mitigate other environmental impacts. F. A medical marijuana treatment center, adult use marijuana retail business, marijuana accessories retail business, medical and/or adult use marijuana cultivator, independent testing laboratory, product manufacturer, craft marijuana cooperative, marijuana microbusiness, marijuana courier, marijuana delivery operator , marijuana research facility, or transporter shall not be located: (1) Within a radius of 500 feet of a school (as defined in § 517-2 of the Code of the City of Marlborough, as amended) located within the City of Marlborough; and (2) Within a radius of 500 feet of a day-care center (as defined in § 517-2 of the Code of the City of Marlborough, as amended) located within the City of Marlborough. The five-hundred-foot distance is measured in a straight line from the geometric center of the above-referenced medical marijuana treatment center or marijuana establishment entrance to the geometric center of the nearest school or day-care center entrance, unless there is an impassible barrier within those 500 feet; in these cases, the buffer zone distance shall be measured along the center of the shortest publicly-accessible pedestrian travel path from the geometric center of the proposed medical marijuana treatment center or marijuana establishment to the geometric center of the nearest school or day-care center entrance. Terms referenced herein shall be interpreted consistent with 935 CMR 500 and 935 CMR 501, as applicable. The five-hundred-foot distance in this Subsection F is measured in a straight line from the nearest point of the building in which the school or day-care center in question is located to the nearest point of the building within which the proposed medical marijuana treatment center would be located. F.1. An adult use marijuana retail business, marijuana accessories retail business, medical and/or adult use marijuana cultivator, independent testing laboratory, product manufacturer or transporter shall not be located: [Added 5-21-2018 by Ord. No. 18-1007163-2D] (1) Within a radius of 500 feet of a school (as defined in § 517-2 of the Code of the City of Marlborough, as amended) located within the City of Marlborough; and (2) Within a radius of 500 feet of a day-care center (as defined in § 517-2 of the Code of the City of Marlborough, as amended) located within the City of Marlborough. The five-hundred-foot distance in this Subsection F.1 is measured in a straight line from the nearest point of the building in which the school or day-care center in question is located to the nearest point of the building within which the proposed adult use marijuana retail business, marijuana accessories retail business, and medical and/or adult use marijuana cultivator, independent testing laboratory, product manufacturer or transporter would be located. IN CITY COUNCIL 11 APRIL 8, 2024 G. Chapter 412 of the Code of the City of Marlborough, as amended, prohibiting the smoking, ingesting, or other use or consumption of marijuana in any place accessible to the public, shall be construed as applying to the medical use of marijuana inside a medical marijuana treatment center (except for the administration of marijuana for the purposes of teaching use of vaporizers, or demonstration of use of other products as necessary), an adult use marijuana retail business, a marijuana accessories retail business, and to a medical and/or adult use marijuana cultivator, independent testing laboratory, product manufacturer, craft marijuana cooperative, marijuana microbusiness, marijuana courier, marijuana delivery operator, marijuana research facility, or transporter. I. An adult use marijuana retail business, marijuana accessories retail business, medical and/or adult use marijuana cultivator, independent testing laboratory, product manufacturer or , craft marijuana cooperative, marijuana microbusiness, marijuana courier, marijuana delivery operator, marijuana research facility, or transporter shall not be an allowable home occupation use or an allowable accessory use. K. Direct delivery to a consumer or client from a marijuana cultivator or product manufacturer is prohibited. Notwithstanding, a marijuana establishment (including an existing establishment previously authorized by special permit) which obtains a marijuana delivery endorsement may deliver only if authorized by a special permit (or amendment to an existing special permit) granted by the City Council. L. No special permit shall be granted without first having an executed host community agreement (to the extent applicable by law) with the City of Marlborough. M. The hours of operation of a medical marijuana treatment center or marijuana establishment may be further conditioned by the City Council, but in no event shall a marijuana medical treatment center or marijuana retailer be open before 10:00 a.m. or remain open after 10:00 p.m. In no case shall a marijuana courier, holder of a marijuana delivery endorsement, or marijuana delivery operator deliver to Marlborough locations before 8:00 a.m. or after 9:00 p.m. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Attorney William Brewin on behalf of Robert LeDuc, re: Request for the release of a low-income deed restriction on the unit at 66 Village Drive, referred to the URBAN AFFAIRS COMMITTEE; adopted. Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY APRIL 22, 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 246’ Southwest of the centerline of the intersection of Cedar Hill Street. Install 50’C1.2 midspan between Pole #1 and #2 and install feeder monitor on the new midspan; adopted. Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY APRIL 22, 2024, as the DATE FOR PUBLIC HEARING, on the Petition of MA Electric and Verizon New England, to install one Joint Owned Pole on Cashman Street, beginning at a point approximately 100’ Southeast of the centerline of the intersection of Lincoln Street. Installing new Pole 2-5 on Cashman Street to serve a customer at 272 Lincoln Street; adopted. IN CITY COUNCIL 12 APRIL 8, 2024 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, March 12, 2024. b) Commission on Disabilities, August 7, 2023. c) Conservation Commission, March 7, 2024. d) Cultural Council, February 7, 2024. e) Library Trustees, February 6, 2024 & March 5, 2024. f) Traffic Commission, February 28, 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) Dilaila Cruz, 33 Vineyard Street, Cambridge, pothole or other road defect. Councilor Irish reported the following out of the Finance Committee: City Council Finance Committee April 1, 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, Oram and Vital. Non-Voting Members Present: Councilors Ossing, Landers, and Doucette. Also Present: Mayor Dumais, WMCT-TV Director Ryan Malyar, City Auditor Diane Smith, and Temporary Comptroller David Williams. Order No. 24-1009118: Communication from Mayor Dumais, together with a Transfer in the amount of $477,122.41 from PEG Funds to the Marlborough Cable Trust to fund Capital items and the operation of the WMCT-TV for FY2025. The Chair read the communication from Mayor Dumais. Director Malyar discussed his proposed budget with councilors. Councilors were unanimously supportive of his request. On a motion by Councilor Fuccillo, seconded by Chair Irish, the Finance Committee recommends approval of the Transfer in the amount of $477,122.41 from PEG Funds to the Marlborough Cable Trust to fund Capital items and the operation of the WMCT-TV for FY2025. Vote 5-0 Order No. 24-1009119: Communication from Mayor Dumais, together with a Transfer in the amount of $34,020.00 from Reserve for Salaries to HR Director to cover the accruals incurred and to replenish the account. IN CITY COUNCIL 13 APRIL 8, 2024 Reports of Committee Continued: The Chair read the communication from Mayor Dumais. The Mayor submitted the funds were necessary to replenish the HR Director account and to fund the negotiated separation agreement between the city and Mr. Harmon, and his payout for unused sick and vacation time. Finance Committee voting members Oram and Vital spoke in support of the transfer. Councilor Fuccillo asked the Mayor if he had considered using funds from the conference and training account to back fill any of the shortfall to which the Mayor replied that instead of piecemealing the transfer from multiple accounts it was decided to transfer the entire amount from Reserve for Salaries. On a motion by Councilor Vital, seconded by Chair Irish, the Finance Committee recommends approval of the Transfer in the amount of $34,020.00 from Reserve for Salaries to HR Director to cover the accruals incurred and to replenish the account. Vote 5-0 On a motion to adjourn by Councilor Brown, seconded by Chair, and approved; the meeting adjourned at 7:30 PM Councilor Navin reported the following out of the Personnel Committee: City Council Personnel Committee April 8, 2024 Minutes and Report This meeting convened at 7:25 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 Landers and Fuccillo; Councilors Vital and Irish arrived at 7:30 PM; Councilor Oram arrived at 7:34 PM, Councilor Ossing arrived at 7:35 PM. Also present: Mayor Dumais and Lee Thomson. Order No. 24-1009120: Communication from Mayor Dumais submitting, for City Council approval, the appointment of Carl Blatchley to the Fort Meadow Commission for a 3-year term. Mr. Blatchley will replace Lee Thomson who has served on the Commission since 1980. Chair Navin read the letter from the Mayor into the record. Mr. Blatchley read a prepared statement, asking those present to applaud Mr. Thomson for his service. He answered questions from councilors. Councilor Oram spoke in support of the appointment. Councilor Landers spoke in support of the appointment. On a motion by Councilor Doucette, seconded by the Chair, the Personnel Committee recommends approval of the appointment of Carl Blatchley to the Fort Meadow Commission for a 3-year term, replacing longtime member, Lee Thomson. Vote 3-0 The Chair stated that he has spoken with the Clerk, and this appointment will be effective May 1, 2024. Motion made and seconded to adjourn; the meeting adjourned at 7:38 PM. IN CITY COUNCIL 14 APRIL 8, 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 $34,020.00 (Thirty-four thousand twenty dollars) from Reserve for Salaries to HR Director, to cover the accruals incurred and to replenish the account, APPROVED; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: HR FISCAL YEAR: 2024 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $91,600.00 $34,020.00 11990006 57820 Reserve for Salaries $34,020.00 11520001 50530 HR Director $28,501.32 Reason: Available funds To fund exit payout and new hire through June 30th. $34,020.00 Total $34,020.00 Total 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, APPROVED; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Fire FISCAL YEAR: 2024 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $7,562,846.40 $786,500.00 10000 35900 Undesignated Fund $786,500.00 19300006 58512 Fire Dept Equipment $58.40 Reason: To fund a new E One Pumper Truck $786,500.00 Total $786,500.00 Total IN CITY COUNCIL 15 APRIL 8, 2024 Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the “Vision for Donald Lynch Boulevard” document which includes a Proposed Zoning Ordinance Amendment to Chapter 650 “Zoning” to create the new Donald Lynch Boulevard Overlay District as submitted by President Ossing, FILE; adopted. Motion by Councilor Irish, 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: Step 3 Position Step 0 Step 1 Step 2 Maximum Senior Assessor Effective upon (40 hours per week) Passage $42.2741 $43.9651 $45.7237 $47.5523 II. This ordinance shall supersede and replace any existing rate for said position(s) (if applicable) in the current salary schedule. First Reading, suspended; Second Reading, adopted; DOES NOT CARRY President Ossing declared the hand count vote of seven Councilors in favor. ORDERED There being no further business, the regular meeting of the City Council is herewith adjourned at 8:20 PM; adopted.