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, MAY 6, 2024 The regular meeting of the City Council was held on Monday, May 6, 2024, at 8:00 PM in City Council Chambers, City Hall. Councilors Present: Ossing, Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Landers, Navin, & Robey. Councilors Absent: Oram. Meeting adjourned at 8:34 PM. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, APRIL 22, 2024, FILE; adopted. That the PUBLIC HEARING on the Proposed Zoning Ordinance Amendment to Chapter 650 “Zoning” relative to updating provisions regarding Medical and Adult Use Marijuana, Order No. 24-1009136, all were heard who wish to be heard, hearing closed at 8:12 PM; adopted. Councilors Present: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Landers, Navin, Ossing & Robey. Councilors Absent: Oram. Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Proposed Ordinance Amendment to Chapter 125 by deleting §10(C) granting the Mayor authority to waive any two steps of the salary schedule and also deleting §18(A) (4) allowing the Mayor the authority to grant an additional week of vacation time effective at the time of employment for all non-union personnel referred to PERSONNEL 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 AS FOLLOWS: I. By amending Chapter 125 (“Personnel”), Section 125-10, entitled “Starting minimum rate”, by deleting Section 125-10(C) to read as follows: C. Notwithstanding anything to the contrary in this chapter, for all other employees, in order to reflect an employee’s prior experience or performance, the Mayor is authorized to waive any two steps on a salary schedule established under this chapter, at time of hiring or during employment, subject to available appropriation of funds. Any waiver of more than two steps shall require approval by the City Council. IN CITY COUNCIL 2 MAY 6, 2024 II. By amending Chapter 125 (“Personnel”), Section 125-18, entitled “Vacations”, by deleting Section 125-18(A)(4) to read as follows: (4) Notwithstanding anything to the contrary in this chapter, for all other employees, in order to credit an employee’s experience in prior public or private employment, the Mayor is authorized to grant an increase of up to one (1) additional week of annual vacation time which may be made effective at any time of employment. Upon granting, said additional time shall accrue on a pro-rated basis per completed month in that calendar year, and thereafter shall be received annually. Any increase in annual vacation time above one (1) week shall require approval by the City Council. Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: Appointment of Christine Purple as Human Resources Director for a 3-year term to expire from date of Council confirmation, referred to PERSONNEL COMMITTEE; 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 $12,916.00 from the Department of Conservation and Recreation awarded to the Conservation Department to be used to support the construction of a pedestrian bridge over Millham Brook on the Panther Trail; 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 $22,500.00 awarded to the Department of Public Works for construction of new “Welcome” signs at the entrances of the city as part of the Fiscal Year 2024 state budget earmark funding; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY, MAY 20, 2024, as date for a PUBLIC HEARING on the Proposed Fiscal Year 2025 Operating Budget in the amount of $196,610,886.00 which represents a 4.69% increase over the Fiscal Year 2024 appropriation, referred to the FINANCE COMMITTEE & ADVERTISE; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Proposed Ordinance Amendments to the City Code, Chapter 125 “Personnel” §5 “Preparation of Classification Descriptions” and to Chapter 125 “Personnel” §6 “Salary Schedule” for new and existing positions included in the FY 2025 budget (attached hereto) for the following positions Communications Director, Capital Projects Manager, DPW Commissioner, Assistant DPW Commissioner, City Engineer, Assistant Library Director & Reference Librarian Part-Time, be and is herewith referred to the FINANCE COMMITTEE; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from City Solicitor Jason Grossfield, re: Release of Restrictive Covenant, 66 Village Drive, in proper legal form, Order No. 24-1009137, MOVED TO ITEM #15; adopted. IN CITY COUNCIL 3 MAY 6, 2024 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Cost of Living (COLA) Base be increased from $13,000.00 to $14,000.00 pursuant to MGL Chapter 32 §103(j) on the recommendation of the Retirement Board, 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, Roman Kimyagarov, d/b/a Arthur & Sons Shoe Repair, 107 Main Street, 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 and associated waivers by TVI, Inc., d/b/a Savers, 222A East Main Street, APPROVED WITH THE FOLLOWING CONDITIONS AND WAIVERS; adopted. Conditions 1. The license shall not be transferred without prior review and approval of the City Council. 2. The license hereby granted is issued to TVI, Inc. d/b/a Savers only and is applicable only to the 222A East Main Street location. 3. There will be no exterior storage, display or sales of merchandise, other than a recycle trailer, a cloth delivery trailer with items waiting to be processed, and a local trailer from one of Savers' charitable partners delivering merchandise to the store. No more than three such trailers and trucks shall be parked at the loading dock area in the rear of the building at any one time, and no such trailers or trucks shall be parked on any other side of the building at any time. 4. Donations shall take place only during the hours of operation which shall be 9:00 A.M to 9:30 P.M. Monday through Saturday and 10:00 A.M. to 7:00 P.M. on Sundays, and during the month of October from 9:00 A.M. to 10:00 P.M. Monday through Saturday and 10:00 A.M. to 10:00 P.M. on Sundays. 5. No Savers' donation boxes shall be permitted outside of the building. 6. No scrolling or rotating message signs shall be permitted as part of Savers' signage plans. 7. Glue boards shall be installed at locations within the business premises satisfactory to the Marlborough Board of Health and Savers, and a monthly monitoring program shall be implemented consisting of a logbook for said glue boards satisfactory to the Board of Health. 8. This license shall be subject to revocation or suspension for noncompliance of the above conditions or other applicable local ordinances or state laws. 9. The waivers granted as part of this license shall no longer be applicable should Savers commence paying the general public for merchandise delivered without first obtaining the review and approval of the City Council. IN CITY COUNCIL 4 MAY 6, 2024 Waivers 1. The waiver of Section 377-4 of the Ordinance as requested by Savers is not granted because Section 377-4 is not applicable to Savers' operations. 2. The waiver of Section 377-5 of the Ordinance is granted with respect to the last sentence thereof requiring the City Clerk to keep a list of persons employed by Savers. All other provisions of Section 377-5, other than the duty of the City Clerk to keep a record of the name and residence of each dealer, are not applicable to Savers. 3. The provisions of Sections 377-6, 377-7 and 377-9 of the Ordinance are waived in their entirety 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 26, 2024 & April 9, 2024. b) Board of Assessors, March 3, 2023, April 21, 2023, April 28, 2023, June 27, 2023, September 7, 2023, November 30, 2023 & March 8, 2024. c) Commission on Disabilities, September 11, 2023. d) Council on Aging, February 20, 2024 & March 12, 2024. e) Planning Board, March 11, 2024. f) Traffic Commission, March 27, 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) Michael Batista, 119 Berlin Road, residential mailbox claim (2b). b) Sujatha Krishnan, 159 Stearns Road, other property damage and/or personal injury. Councilor Irish reported the following out of the Finance Committee: City Council Finance Committee Monday, April 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: Chair Irish, Councilors Fuccillo, Oram, Vital; Brown arrived at 6:31 PM. Voting Members: Chair Irish, Councilors Fuccillo, Oram, Vital and Brown. Non-Voting Members: Councilors Ossing, Landers, Robey, Navin, and Doucette. Also Present: Mayor Dumais, Auditor Diane Smith, Building Commissioner Htway, Police Chief Giorgi and Officer LaRose, Fire Chief Breen, Acting DPW Commissioner Scott. Order No. 24-1009146: Communication from Mayor Dumais together with Transfer in the amount of $2,784,983.00 from Free Cash to Capital Outlay to fund Capital Items for the Police Department, Fire Department, Inspectional Services and Department of Public Works. IN CITY COUNCIL 5 MAY 6, 2024 Reports of Committee Continued: Chair Irish read the communication from Mayor Dumais requesting the use of free cash for items requested by the Police Fire, Inspectional Services and Public Works Departments, explaining the importance of the timely purchase of the items for cost savings and efficiency. Individual managers joined the Mayor to answer Councilors’ questions regarding each of the department requests: Inspectional Services: $ 300,000.00 Records Imaging & Conversion Services Police Department: $280,500.00 – Four (4) police cruisers $35,983.00 – Taser replacements $5,500.00 – Bulletproof Vest replacements Fire Department: $100,000.00 – Fire Station Alerting System $70,000.00 – Radio Box replacement Public Works: $1,993,000.00 – Replacement of aging vehicles/equipment The Finance Committee voted to recommend approval of the Transfer from Free Cash to Capital Outlay as requested in the amount of $2,784,983.00 as outlined in the letter from Mayor Dumais in his letter dated April 18, 2024. Vote 5-0. The Finance Committee voted to recommend a suspension of the rules for action on the Transfer on May 6, 2024. Vote 5-0. The meeting adjourned at 7:53 PM. Councilor Robey reported the following out of the Urban Affairs Committee: City Council Urban Affairs & Housing Committee Monday, April 29, 2024 Minutes and Report This meeting convened at 7:24 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 Navin, Councilor Doucette, Councilor Landers, and Councilor Preciado. Also present were Councilors Brown, Fuccillo, Irish, Oram, Ossing and Vital. Others present are identified in the Order information. Order No. 24-1009099: Application for Special Permit from Alta Behavioral Health, LLC, to operate a nonresidential/outpatient facility licensed under 105 CMR 164 as a substance abuse treatment program in an existing building at 400 Donald J. Lynch Boulevard. Present were Attorney Andrew J. Tine and Aristotle Nikolaou, Alta Behavioral LLC co-founder. IN CITY COUNCIL 6 MAY 6, 2024 Reports of Committee Continued: The chair opened the meeting at 8 PM and read thru the comments of Managers: Conservation, Board of Health and Fire Department had no comments. Police Chief Giorgi stated his initial concern re safety at the facility and potential for outside congestion were addressed in D8 language where the facility will be locked during the hours of operation and the waiting area will be inside the facility to minimize the potential for loitering outside. Building Commissioner Htway stated he would defer to the City Solicitor for the determination of requested relief from dimensional requirements. City Engineer DiPersio asked that the dimensional requirements of 650-31(c) that are not met be documented in the decision. The chair stated the amended draft special permit language clarifies the dimensional waivers. The chair read the April 11, 2024, legal opinion from Assistant Solicitor McManus that the City Council may grant a waiver of the zoning requirement prohibiting narcotic detoxification and/or maintenance facilities within 1,000 feet of a school as a reasonable accommodation under the American Disabilities Act, 42 U.S.C. § 12132. The chair reviewed the petitioner’s draft decision on a special permit and noted the date of today's meeting would be added in Section 7 of the Findings of Facts and noted in the yellow highlighted language in Section 9 delineating the dimensional requirements. In the conditions, the new plans provided by petitioner should be included as exhibits and added as appropriate to either condition 2 or 5. Attorney Tine requested earlier this evening, at 4:32 PM, that the special permit be changed from Alta Behavioral Health, LLC to Metanoia Recovery LLC which is owned by the same group. The request to change the name will be referred to the Legal Department as to its appropriateness at this late juncture in the special permit process. Councilor Vital questioned where clients would smoke; the client indicated the property owner would designate a spot away from the building which would have a disposal container. Councilor Doucette moved to recommend approval of the Decision on a Special Permit and its Conditions for Alta Behavioral Health LLC as amended; the chair seconded the motion and the vote carried 5-0. The chair will ask to suspend the rules on May 6, 2024, to refer the decision and related documents to the Legal Department to be placed in proper legal form on the May 20, 2024, agenda. Order No. 23-1009035: Communication from ViewPoint Sign and Awning on behalf of Best Western Royal Plaza Hotel for replacement of freestanding EMC Sign at 181 Boston Post Road West. This item is under review by the Building Commissioner and Solicitor and remains in committee. Councilor Doucette moved to adjourn; it was seconded and carried 5-0. The meeting adjourned at 8:49 PM. IN CITY COUNCIL 7 MAY 6, 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 $2,784,983.00 (Two million seven hundred eighty-four thousand, nine hundred eighty-three dollars) from Free Cash to Capital Outlay to fund the Capital Improvements for the Police Department, Fire Department, Inspectional Services and Department of Public Works, APPROVED; adopted. 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 $6,614,143.45 $2,784,983.00 10000 35900 Undesignated Fund $1,993,000.00 19300006 58731 Capital Outlay-DPW Equipment $0.00 Reason: To fund various capital requests DPW Equipment $321,983.00 19300006 58593 Capital Outlay-Police Dept $0.00 Cruisers, vests, tasers $300,000.00 19300006 57102 Capital Outlay-Building Dept $0.00 Reason: Records Imaging $170,000.00 19300006 58512 Capial Outlay-Fire Dept $58.40 Reason: Alerting System, Radio Box Replacement $2,784,983.00 Total $2,784,983.00 Total Suspension of the Rules requested – granted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Communication from Mayor Dumais, re: Revised Fiscal Year 2025 Proposed Operating Budget total in the amount of $196,610,886.00 that includes additional monies to the Part-Time Administrative Assistant to the City Council, referred to the FINANCE COMMITTEE; 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 Alta Behavioral Health, LLC, to operate a nonresidential/outpatient facility licensed under 105 CMR 164 as a substance abuse treatment program in an existing building at 400 Donald J. Lynch Boulevard, referred to the LEGAL DEPARTMENT TO BE PLACED IN PROPER LEGAL FORM FOR THE MAY 20, 2024, COUNCIL MEETING; adopted. IN CITY COUNCIL 8 MAY 6, 2024 Suspension of the Rules requested – granted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Revised Application for Site Plan Review from Procopio Companies, on behalf of Marlborough TOTG and JW Capital Partners, LLC, for a mix-use project at 57 Main Street in the Marlborough Village District, referred to the URBAN AFFAIRS COMMITTEE, SITE PLAN REVIEW COMMITTEE & LEGAL DEPARTMENT; adopted. Councilor Preciado Recused. Suspension of the Rules requested – Motion by Councilor Landers to remove from the Public Services Committee, Order No. 24-1009149 – granted. Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Application for Renewal of Junk Dealer/Secondhand Dealer License, Gerald Dumais, d/b/a Dumais & Sons Secondhand Store, 65 Mechanic Street, APPROVED; 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, APPROVED; adopted. IN CITY COUNCIL 9 MAY 6, 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, APPROVED; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the City Council for the City of Marlborough having received a request on behalf of Robert H. LeDuc of 66 Village Drive (the “Requester”) to release any rights that the City of Marlborough holds in a restrictive covenant set forth in a deed from First Colony Management Co., Inc. to John Hartley and Rose M. Hartley recorded on September 11, 1998 in the Middlesex South Registry of Deeds in Book 29086, Page 097, requiring that no deed for the Subject Unit (Unit 3 in Building 1 located at 66 Village Drive in the Villages at Marlborough East Condominium in Marlborough, Massachusetts) be recorded unless the Subject Unit is a “countable unit” under MGL c. 40B and is being conveyed pursuant to the so-called Local Initiative Program (LIP), and as the Subject Unit has not been a “countable unit” under MGL c. 40B or approved under LIP, the City Council hereby authorizes the following: 1. The Mayor is authorized to execute a release of restrictive covenant deed substantially in the form attached hereto; 2. All costs associating with recording all necessary documents referenced herein with the Registry of Deeds shall be the responsibility of the requester, and a copy of all recorded documents shall be contemporaneously filed by the requester with the City Solicitor. APPROVED; adopted. Motion by Councilor Doucette, 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 8:34 PM; adopted.