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 20, 2024 The regular meeting of the City Council was held on Monday, May 20, 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 10:09 PM. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, MAY 6, 2024, FILE; adopted. That the PUBLIC HEARING on the Proposed Fiscal Year 2025 Operating Budget as submitted by Mayor Dumais in the amount of $196,610,886.00 which represents a 4.69% increase over the Fiscal Year 2024 appropriation, Order No. 24-1009160, all were heard who wish to be heard, hearing closed at 8:29 PM; adopted. Councilors Present: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Landers, Navin, Ossing Oram & Robey. That the PUBLIC HEARING on the Proposed Zoning Amendment to Chapter 650 “Zoning” to create the Donald Lynch Boulevard District (DLB), Order No. 24-1009147, all were heard who wish to be heard, hearing closed at 8:52 PM; adopted. Councilors Present: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Landers, Navin, Ossing Oram & Robey. IN CITY COUNCIL 2 MAY 20, 2024 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $83,103.00 (Eighty-three thousand one hundred three dollars) which moves funds from and to various accounts for the Department of Public Works and City Clerks’ Office for the remainder of Fiscal Year 2024, 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 $153.18 $153.00 11610003 51920 Sick Leave Buy Back $153.00 11610004 53150 Advertising $2,300.23 Reason: Surplus Reason: Anticipated shortfall due to large advertisements $964.69 $950.00 11620003 51460 Constables at Poll $950.00 11610004 53150 Advertising $2,300.23 Reason: Surplus Reason: Anticipated shortfall due to large advertisements $1,103.00 Total $1,103.00 Total CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: DPW - Forstry, Parks and Cemetery/East and West Waste Water Treatment Plants FISCAL YEAR: 2024 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $42,082.33 $40,000.00 14001501 50680 General Foreman $20,000.00 60081006 55950 East Waste Water $42,595.14 Reason: Excess due to vacancy Increased chemical requirements $20,000.00 60085006 55980 West Waste Water $78,091.45 Reason: Increased chemical requirements $40,000.00 Total $40,000.00 Total CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: DPW - Solid Waste and Recycling/Prop.& Builbing Maint. and Engineering FISCAL YEAR: 2024 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $20,400.00 $18,000.00 14003001 50750 Equipment Operators $18,000.00 11920003 50560 Houseworker $18,437.45 Reason: Excess due to vacancy Incease due to new hires $13,426.62 $6,000.00 14003003 51240 Attendant $6,000.00 14001103 51310 Overtime-Regular $406.53 Reason: Excess due to vacancy Increased overtime $24,000.00 Total $24,000.00 Total IN CITY COUNCIL 3 MAY 20, 2024 CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: DPW - DPW Admin./Sewer Service Fund FISCAL YEAR: 2024 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $19,926.87 $18,000.00 14001001 50600 DPW Commissioner $18,000.00 60080004 53110 Legal Services $0.00 Reason: Excess due to vacancy Northborough Legal Fees $18,000.00 Total $18,000.00 Total Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $25,000.00 (Twenty-five thousand dollars) which moves funds from Free Cash (Undesignated Fund) to Open Space Stabilization from wireless antenna payments received in FY23, 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 $3,829,160.45 $25,000.00 10000 35900 Undesignated Fund $25,000.00 83600 32918 Stabilization-Open Space $605,955.91 Reason: To transfer annual wireless antennae payments received by the City in fiscal year 2023 to Open Space Stabilization $25,000.00 Total $25,000.00 Total IN CITY COUNCIL 4 MAY 20, 2024 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $619,060.00 (Six hundred nineteen thousand sixty dollars) which moves funds from Free Cash (Undesignated Fund) to Overtime-Snow & Ice ($108,847.00), Snow Removal ($142,213.00) and Operating Expenses ($368,000.00) respectively to fund FY 2024 deficit, APPROVED; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: DPW FISCAL YEAR: 2024 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $3,829,160.45 $619,060.00 10000 35900 Undesignated Fund $108,847.00 14001203 51390 Overtime-Snow & Ice -$108,846.89 Reason: To fund the snow & ice deficit for FY24 $142,213.00 14001206 52960 Snow Removal -$140,212.74 Reason: $368,000.00 14001206 57040 Operating Expenses -$367,910.31 $619,060.00 Total $619,060.00 Total Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $50,000.00 (Fifty thousand dollars) from Free Cash (Undesignated Fund) to Labor Day Parade to support the Labor Day Festival, referred to the 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 $3,829,160.45 $50,000.00 10000 35900 Undesignated Fund $50,000.00 29022401 53554 Labor Day Parade $64.51 Reason: To support the Labor Day Weekend Festivial $50,000.00 Total $50,000.00 Total IN CITY COUNCIL 5 MAY 20, 2024 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $115,000.00 (One hundred fifteen thousand dollars) from Free Cash (Undesignated Fund) to DPW Projects to complete the work on the Dog Park referred to the FINANCE COMMITTEE; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: DPW FISCAL YEAR: 2024 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $3,829,160.45 $115,000.00 10000 35900 Undesignated Fund $115,000.00 19300006 58514 DPW Projects $3,585.14 Reason: To supplement the Dog Park project $115,000.00 Total $115,000.00 Total Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Revolving Fund Spending Limits for the Public Safety Revolving Fund ($143,520.00), the Parks and Recreation Revolving Fund ($350,000.00), the Council on Aging Revolving Fund ($150,000.00) and the Water and Sewer Revolving Fund ($500,000.00) for Fiscal Year 2025, referred to the FINANCE COMMITTEE; 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” relative to the Part-Time Clerk within the Fire Department, referred to the FINANCE COMMITTEE; adopted. Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Appointment of Marylou Vanzini to the Council on Aging Board for a term of 4-years to expire on May 1, 2028, referred to the PERSONNEL COMMITTEE; adopted. IN CITY COUNCIL 6 MAY 20, 2024 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: CERTIFICATE OF ADOPTION A RESOLUTION ADOPTING THE CITY OF MARLBOROUGH HAZARD MITIGATION PLAN 2024 UPDATE WHEREAS, the City of Marlborough established a Hazard Mitigation Planning Team, coordinated by the Emergency Management Director, to prepare the City of Marlborough Hazard Mitigation Plan 2024 Update; and WHEREAS, the City of Marlborough Hazard Mitigation Plan 2024 Update contains several potential future projects to mitigate potential impacts from natural hazards in the City of Marlborough, and WHEREAS, duly-noticed public meetings were held by the Planning Board on February 13, 2023, and by the City Council on May 22, 2023, and WHEREAS, the City of Marlborough authorizes responsible departments and/or agencies to execute their responsibilities demonstrated in the plan, and NOW, THEREFORE BE IT RESOLVED that the Marlborough City Council adopts the City of Marlborough Hazard Mitigation Plan 2024 Update, in accordance with MGL Chapter 40, § 4 or the charter and ordinances of the City of Marlborough. APPROVED; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the City Council of the City of Marlborough hereby authorizes the Mayor, on behalf of the City of Marlborough, to enter into and execute a Local Initiative Program (LIP) Regulatory Agreement and Declaration of Restrictive Covenants for Rental Project (Local Action Units), in substantially the form attached hereto, with the Commonwealth Massachusetts Executive Office of Housing and Livable Communities and CRP/PR Lodge Owner LLC. Said Regulatory Agreement is relative to the second phase of the “Green District” residential development on Simarano Drive, as required by Condition No. 6 (Affordable Units) of the Special Permit decision of the City Council (Order No. 19- 1007762), APPROVED; 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 regarding the City of Marlborough v. Town of Northborough (Civil Action No. 1685CV01772) – Authorization of Settlement Agreement and Intermunicipal Agreement for Wastewater Treatment and Disposal with the Town of Northborough, MOVED TO END OF AGENDA; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Assistant City Solicitor Jeremy McManus, re: 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, Order No. 24-1009099, MOVED TO ITEM #19 & FILE; adopted. IN CITY COUNCIL 7 MAY 20, 2024 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Communication from Assabet Superintendent-Director Ernest Houle, re: Proposed Establishment of Stabilization Fund by Assabet Regional Vocational Technical School District pursuant to MGL Chapter 71, §16 G1/2, referred to the FINANCE COMMITTEE; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the request of Calverde Naturals, LLC, pursuant to Condition E(15) of the Special Permit issued to Calverde Naturals, LLC, on June 7, 2021, for the construction and operation of an adult use marijuana retail establishment at 239 Boston Post Road West, Order No. 21-1008214C, to extend the date upon which the Special Permit shall lapse if the Applicant fails to commence retail operations at the Site to December 31, 2025, for good cause, APPROVED; adopted. Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY JUNE 3, 2024, as the DATE FOR PUBLIC HEARING, on the Petition of MA Electric and Verizon New England, to install one Joint Owned Pole on D’Angelo Drive, at a point approximately 568’ Southwest of the centerline of the intersection of Cedar Hill Street. Install 50’ C1.2 midspan Pole #2- 50 between Poles 2 and 3. A 25 kva transformer fused at 10 will be installed on the new midspan; adopted. Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Application from Ghost Light Players for local approval of a One-Day Beano (Bingo) License pursuant to MGL Chapter 10, §38 to be issued by the MA Lottery Commission, 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, April 30, 2024. b) Cultural Council, March 6, 2024. c) Historical Commission, March 21, 2024. d) Planning Board, April 8, 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) Roger Clapp, Jr., 25 Hillcrest Road, pothole or other road defect. b) Jason Parker, 4 St. Mary’s Way, pothole or other road defect. c) Wanusa Lobo Menezes, 578 Bigelow Street, pothole or other road defect. d) Wanusa Lobo Menezes, 578 Bigelow Street, pothole or other road defect. IN CITY COUNCIL 8 MAY 20, 2024 Councilor Irish reported the following out of the Finance Committee: Finance Committee Budget Hearing Monday, May 13, 2024 Minutes and Report The meeting convened at 6:30 PM and was held in the City Council Chamber and 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). The meeting adjourned at 10:05 PM. Voting and non-voting members present: Voting: Chair Irish, Councilors Brown, Oram, Fuccillo and Vital. Non-Voting: Councilors Ossing, Landers, Navin, Robey, Doucette, and Preciado. Order No. 24-1009160: Proposed Fiscal Year 2025 Operating Budget from Mayor Dumais in the amount of $196,610,886.00. Chair Irish read the May 2, 2024, letter from the Mayor, supplemented by a May 6, 2024 letter submitting the budget for review and approval in the amount of $196,610,886.00 representing a 4.69% increase over FY24, primarily due increased funding for the Marlborough Public Schools, Assabet Valley Regional School, gas and electric utilities and reserve for employee salaries. The Finance Committee reviewed each department budget with the Mayor and municipal department heads and proposed the following adjustments to the Mayor’s budget. On a motion by Councilor Brown, seconded by Chair Irish, the Finance Committee voted 5-0 to reduce the FY 2025 budget by $717,732.00 as listed in the below table and resulting in an amended Fiscal Year 2025 Municipal Operating Budget in the amount of $195,893,154. This represents an increase of $8,082,230.00 or a 4.3% increase. Fiscal Year 2025 Budget – Finance Committee Adjustments DEPARTMENT ACCOUNT # ADJUSTMENT FINCOM COMMENTS DESCRIPTION VOTE 1210 50592 -$73,000 3-2 Not needed at this Mayor Com Director (MO/TB) time 1210 54230 -$1,100 5-0 Level fund Mayor Expenses 1440 50042 -$4,643 5 -0 Start at step 1 Collector Collector 2200 51328 -$12,000 5-0 Not spending – can Fire Dept Call OT cover with salary under runs 4920 50770 -$5,489 5-0 Start at step 1 Rec Dept Sr Clerk 1920 51300 -$5,000 5-0 Level fund Pub Fac OT 1920 52120 -$100,000 5-0 Conservation Pub Fac Electricity measures 3032 52120 -$100,000 5-0 Conservation Maint School Electricity measures IN CITY COUNCIL 9 MAY 20, 2024 Reports of Committee Continued: DEPARTMENT ACCOUNT # ADJUSTMENT FINCOM COMMENTS DESCRIPTION VOTE 4000-100 50600 -$17,500 5-0 Start at step 1 DPW Admin DPW Comish 4000-110 51310 -$5,000 3-2 Level fund DPW Eng OT (TF/MO) 4000-110 50640 -$6,000 5-0 Start at step 1 DPW Eng City Eng 4000-130 51310 -$20,000 5-0 Level fund DPW Streets OT 4000-140 51310 -$2,000 5-0 Level fund DPW Fleet OT 4000-140 51470 -$5,000 5-0 Reduce amount. DPW Fleet Int Foreman Offset by salary under runs 4000-150 51310 -$20,000 5-0 Level fund DPW Forestry OT 600-8000 50630 -$6,000 5-0 Start at step 1 SWR Svc Asst Comish 600-8100 51310 -$10,000 5-0 Reduce amount and EWWTP OT evaluate how on call program works 600-8500 51310 -$10,000 5-0 Reduce amount and WWWTP OT evaluate how on call program works 610-9000 51310 -$15,000 5-0 Reduce amount. Water OT Offset by salary under runs. 1990 57820 -$300,000 5-0 Similar to FY24 Other Govt Reserve adjustment TOTAL $717,732 Councilor Robey reported the following out of the Urban Affairs Committee: City Council Urban Affairs & Housing Committee Thursday, May 16, 2024 Minutes and Report The meeting was broadcast live via WMCT-TV (Comcast Channel 8 or Verizon/Fios Channel 34) and is available for viewing using the link under the Meeting videos tab on the homepage of the city's website (www.marlborough-ma.gov). Urban Affairs & Housing Committee voting members present: Chairman Katie Robey, Councilor Navin, Councilor Doucette, and Councilor Landers. Councilor Preciado was not present as he had recused himself from this matter. Other Councilors present: Councilors Brown, Fuccillo, Irish, Oram, and Ossing. Present for the applicant, Procopio Companies were David Roache, Director of Development; Will Nuccio, Project Manager; and Mike Modoono, Head Design. IN CITY COUNCIL 10 MAY 20, 2024 Reports of Committee Continued: Order No. 22/24-10088694E: Communication from David Roache, P.E., Procopio Companies, on behalf of Marlborough TOTG and JW Capital Partners, LLC, to amend the Site Plan Decision for the mixed-use project located at 57 Main Street in the Marlborough Village District, pursuant to the March 6, 2024 settlement agreement as well as the March 12, 2024 Order of Remand in case #23 MISC 000199 (JSDR) the "Order." The chair opened the meeting at 7:55 PM and read the communication sent to the council from Solicitor Grossfield on May 6th regarding next steps following the Land Court's order on Joint Motion for Remand. She then read the communication from Priscilla Ryder, Conservation/Sustainability Officer, stating she had worked with the applicant to share comments from the professional Site Plan Review Committee to have them incorporate their requests into the amended site plan document for review at the Urban Affairs meeting with 3 items that were not incorporated and need to be discussed further. Those comments include: Tom DiPersio, City Engineer’s comment 1. We recommend when the project is complete, that it include signage that directs vehicles exiting the new High Street driveway “left turn only” (toward Bolton Street); and signage that directs vehicles exiting the new Exchange Street driveway “right turn only” (toward Main Street). This is to minimize traffic at the High/Exchange intersection and minimize traffic proceeding down High Street toward Brown Street. The applicant indicated they wanted to discuss this with you tonight. Bill Paynton, Assistant Building Commissioner’s comments 2. The plan set needs to include a lighting plan. We need to see a lighting plan to be sure all lighting does not spill off site or impact neighbors. The applicant indicated these will be added to the final plan set. 3. How does “Stair 1” egress occupants get out of the building in an emergency? It appears that the occupants must go back into the building at the lowest level rather than egressing directly out of the building. Please clarify. The applicants indicated this is minor and they will address this during the building permit process. They have added language about pest control under C. 7. However, our standard language is as follows and should be included. 4. “A pest control plan shall be submitted to the BOH for review and approval prior to construction to ensure pests are controlled prior to demolition and throughout construction. The chair stated she would not read the amended site plan word for word but would highlight the information. including the comments marked in red: B 2. Green Design, the applicant had deleted #5 footings as they will not be locating footings within the city public way. Section C. Construction, language was added regarding DPW coordination for utility work in Main Street and the request from the BoH to include their standard language was added to the new language for Pest Control. Section E. Landscaping, language was added that landscaped areas would be served by subsurface irrigation, or other means to ensure they survive, where feasible, native pollinator plant species would be chosen after discussion between the landscape architect and the Conservation Officer, and that there would be no snow storage on site and all snow shall be removed from the site. IN CITY COUNCIL 11 MAY 20, 2024 Reports of Committee Continued: Section F. Parking and Parking Garage, language was added that all EV charging stations shall be located in the lowest level of the garage, horizontal openings shall be enlarged to maximize natural ventilation, and the plans shall include where the car share space is located and a copy of the contract for the car share shall be provided at the preconstruction meeting. Section G. Other Conditions, language was added to include Main Street to list of improvements with the replacement of the concrete sidewalk adjacent to Main Street along the property frontage completed by developer. Section H. General Provisions was amended to correct a typo to read "as long as said changes do not materially increase...the number of residential units to 92 or increase the total number of bedrooms above 132" with the applicant double checking on the bedroom count and adding in clarifying language regarding façade adjustments as minor changes delegated to the professional Site Plan Review Committee. The request by City Engineer DiPersio to add in signage regarding exiting the parking garages was discussed. Everyone agreed to let the solicitor decide where to add language clarifying that the decision on traffic flow and appropriate signage would be left to the professional Site Plan Review Committee. Councilor Doucette moved to recommend approval of the Amended and Restated Site Plan Approval with Conditions for 57 Main Street, the chair seconded the motion and the vote carried 4-0. The chair will ask to suspend the rules on May 20, 2024, to refer the decision to the Legal Department to be placed in proper legal form on the June 3, 2024, agenda pending no issues. Councilor Doucette moved to adjourn; it was seconded and carried 4-0. The meeting adjourned at 9:05 PM. Councilor Navin reported the following out of the Personnel Committee: City Council Personnel Committee Thursday, May 16, 2024 Minutes and Report This meeting convened at 7:17 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 Ossing, Landers, Fuccillo, Irish, Robey, and Oram. Order No. 24-1009156 (X 20-1008108): Proposed ordinance amendment to Chapter 125 to delete §10 (C) granting the Mayor authority to waive any two steps of the salary schedule and to also delete §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 – submitted by Councilor Ossing. Refer to Personnel and advertise. Chair Navin read the Order and turned the floor over to Councilor Ossing. IN CITY COUNCIL 12 MAY 20, 2024 Reports of Committee Continued: Councilor Ossing addressed his proposal indicating the City Council adopted the ordinance during the pandemic and although changes to then Mayor Vigeant’s proposal were suggested by councilors, the ordinance was approved as submitted by the Mayor without a sunset clause and notification to the City Council. He added the proposal is not a reflection of any administration. Councilor Doucette spoke against the proposal, explaining his personal experience in the private sector to gain expanded vacation time and the importance of the Mayor’s ability to quickly offer increased compensation and vacation time to new hires. Councilor Brown stated support for the ordinance and the City Council’s authority. As a city councilor and member of the legislative body and unlike in the private sector, she has a responsibility to the taxpayers. Chair Navin did not recall if he supported the sunset clause but would support both a sunset clause and required notification to the Council by the Mayor when the Mayor’s expanded authority under the ordinance is implemented. On the other hand, he had been concerned about giving up the Council’s authorities under the ordinance. Chair Navin explained the Mayor was unable to attend the meeting but submitted a letter and supporting documents against the ordinance, requesting that his communication and attachments would be made available for public viewing. Chair Navin suggested if the Mayor’s authority under the ordinance is maintained, it should be used judiciously, and the City Council should be notified when there are extraordinary circumstances to warrant increased steps and vacation time. Councilor Landers did not believe anyone was leaving the city’s employ due to vacation benefits but with new hires, the ‘perks’ of the job do come into play. He stated the few weeks’ time to process to increased benefits for new hires should not make a difference. Councilor Robey stated she was conflicted as she voted against the ordinance when it was approved because the sunset clause and notification to the Council was not included. She now believes it may be a good tool for the Mayor to hire new non-union managers. However, if the Mayor’s authority is maintained, notice to the City Council should be required. Councilor Doucette spoke again in opposition to the order and in favor of leaving the ordinance as it exists today to maintain the Mayor’s expanded authority to hire employees at higher salary steps and to add vacation days without the need to request City Council approval. On a motion by Councilor Brown, seconded by the Chair, the Personnel Committee recommends approval of the proposed ordinance. Vote 2-1 (Doucette opposed) Motion made and seconded to adjourn; the meeting adjourned at 7:50 PM. IN CITY COUNCIL 13 MAY 20, 2024 Reports of Committee Continued: Councilor Landers reported the following out of the Public Services Committee: City Council Public Services Committee Wednesday, May 8, 2024 Minutes and Report This meeting convened at 5:30 PM in the City Council Chamber and was open to the public. The meeting was televised on WMCT-TV (Comcast Channel 8 or Verizon/Fios Channel 34) and available for viewing using the link under the Meeting Videos tab on the city’s website, home page (www.marlborough-ma.gov). Voting members present: Chair Landers and Councilor Fuccillo. Councilor Irish was absent. Non-voting members present: Councilor Preciado. Order No. 24-1009151: Application for Taxi/Livery License from Adam Smith d/b/a/ First Class Limo, Inc. to operate a Livery Service with ONE (1) VEHICLE at 715 Robin Hill Street. Petitioner confirmed that he has sufficient parking to ensure there will be no parking of the livery vehicle on the street. He has a garage and adequate space in the existing driveway at his home at 715 Robin Hill Street. Petitioner stated that he plans to concentrate his livery service on passengers to and from Logan Airport, including families with children going to the airport and other places. He has a contract to service pilots from the airport to hotels in Marlborough and expects additional work due to the opening of a new international terminal. Responding to Councilor Preciado, Mr. Smith stated he will advertise his livery service via a website he has already created, pending the issuance of his license. Customers will be able to email or call him directly. Chair Landers confirmed the CORI was submitted to Police Chief Giorgi and he is without objection to the issuance of the livery license. On motion by Councilor Fuccillo, seconded by Chair, the committee recommends approval of the Taxi/Livery License to Adam Smith d/b/a/ First Class Limo, Inc. to operate a Livery Service with ONE (1) VEHICLE at 715 Robin Hill Street. Vote 2-0. On motion by Councilor Fuccillo, seconded by Chair, the meeting adjourned at 5:39 PM. IN CITY COUNCIL 14 MAY 20, 2024 Suspension of the Rules requested – granted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Proposed Fiscal Year 2025 Operating Budget as submitted by Mayor Dumais in the amount of $196,610,886.00 which represents a 4.69% increase over the Fiscal Year 2024 appropriation be modified by REDUCING the following accounts. Amendment by Councilor Oram, seconded by Councilor Doucette to restore funding for the Communications Director to the Mayor’s budget in the amount of $73,000.00, motion DID NOT CARRY (2-9). DEPARTMENT ACCOUNT # ADJUSTMENT FINCOM COMMENTS DESCRIPTION VOTE 1210 50592 -$73,000 3-2 Not needed at this Mayor Comms Director (MO/TB) time 1210 54230 -$1,100 5-0 Level fund Mayor Expenses 1440 50042 -$4,643 5 -0 Start at step 1 Collector Collector 2200 51328 -$12,000 5-0 Not spending – can Fire Dept Call OT cover with salary under runs 4920 50770 -$5,489 5-0 Start at step 1 Rec Dept Sr Clerk 1920 51300 -$5,000 5-0 Level fund Pub Fac OT 1920 52120 -$100,000 5-0 Conservation Pub Fac Electricity measures 3032 52120 -$100,000 5-0 Conservation Maint School Electricity measures 4000-100 50600 -$17,500 5-0 Start at step 1 DPW Admin DPW Commissioner 4000-110 51310 -$5,000 3-2 Level fund DPW Eng OT (TF/MO) 4000-110 50640 -$6,000 5-0 Start at step 1 DPW Eng City Eng 4000-130 51310 -$20,000 5-0 Level fund DPW Streets OT 4000-140 51310 -$2,000 5-0 Level fund DPW Fleet OT 4000-140 51470 -$5,000 5-0 Reduce amount. DPW Fleet Int Foreman Offset by salary under runs 4000-150 51310 -$20,000 5-0 Level fund DPW Forestry OT 600-8000 50630 -$6,000 5-0 Start at step 1 SWR SVC Asst Commissioner IN CITY COUNCIL 15 MAY 20, 2024 DEPARTMENT ACCOUNT # ADJUSTMENT FINCOM COMMENTS DESCRIPTION VOTE 600-8100 51310 -$10,000 5-0 Reduce amount and EWWTP OT evaluate how on call program works 600-8500 51310 -$10,000 5-0 Reduce amount and WWWTP OT evaluate how on call program works 610-9000 51310 -$15,000 5-0 Reduce amount. Water OT Offset by salary under runs. 1990 57820 -$300,000 5-0 Similar to FY24 Other Govt Reserve for adjustment Salaries TOTAL $717,732 Therefore, the City Council of the City of Marlborough APPROVES a Fiscal Year 2025 Operating Budget for the City of Marlborough in the amount of $195,893,154.00, which represents a 4.3% increase over the Fiscal Year 2024 appropriation or an increase of $8,082,230.00; adopted. 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 LEGAL DEPARTMENT TO BE PLACED IN PROPER LEGAL FOR THE JUNE 3, 2024, CITY COUNCIL MEETING; adopted. Councilor Preciado Recused. Suspension of the Rules requested – granted. Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Application for Taxi/Livery License from Adam Smith d/b/a First Class Limo, Inc., to operate a Livery Service with one vehicle, 715 Robin Hill Street, APPROVED; adopted. IN CITY COUNCIL 16 MAY 20, 2024 Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: IN CITY COUNCIL DECISION ON A SPECIAL PERMIT ORDER NO. 24-1009099D Application of: Alta Behavioral Health LLC 55 Concord Street, Suite 111 North Reading, MA 01864 Locus: 400 Donald J Lynch Blvd. Assessors Map 26, Parcel 29 The City Council of the City of Marlborough hereby GRANTS the application for a Special Permit to Alta Behavioral Health LLC, a Massachusetts limited liability company having a mailing address of 55 Concord Street, Suite 111, North Reading, MA 01864, to operate as a narcotic detoxification and/or maintenance facility as provided in this Decision and subject to the following Findings of Facts and Conditions. FINDINGS OF FACT 1. Alta Behavioral Health LLC, a Massachusetts limited liability company having a mailing address of 55 Concord Street, Suite 111, North Reading, MA 01864, is herein referred to as “Applicant.” 2. Applicant is the lessee of a portion of certain real property located at 400 Donald J Lynch Blvd., Marlborough, MA, as shown on the Marlborough Assessors Maps as Map 26, Parcel 29 (the “Premises”). The land is entirely located in a Limited Industrial (“LI”) zoning district. 3. The Applicant, on or about February 9, 2024, filed with the City Clerk of the City of Marlborough an application for a Special Permit (the “Application”). The Applicant intends to operate a nonresidential/outpatient facility licensed under 105 CMR 164 as a substance abuse treatment program in a portion of an existing building at the Premises (the “Proposed Use”) consistent with Article VI, Section 650-31 of the zoning ordinance of the City of Marlborough (the “Zoning Ordinance”). 4. In connection with the Application, Applicant filed a Special Permit Application, certified list of abutters, filing fee and site plans by Maugel Architects (collectively, the “Site Plan,” attached hereto as “Attachment A”). 5. The Application was certified as complete by the Building Commissioner of the City of Marlborough, acting on behalf of the City Planner for the City of Marlborough, in accordance with the Rules and Regulations promulgated by the City Council for the issuance of a Special Permit. IN CITY COUNCIL 17 MAY 20, 2024 6. Pursuant to the Rules and Regulations of the City Council and applicable statutes of the Commonwealth of Massachusetts, the City Council established a date for a public hearing on the Application and the City Clerk of the City of Marlborough caused notice of the same to be advertised said date and determined that notice of the same was provided to abutters entitled thereto in accordance with applicable regulations and law. 7. The Marlborough City Council, pursuant to Mass. Gen. Laws c. 40A, held a public hearing on March 25, 2024, concerning said Application. The hearing was opened and closed at that meeting. 8. Applicant presented testimony at the public hearing detailing the Application and describing the nature of its intended services to be provided and its impact in making these services more available and convenient to residents of the community. No one spoke against the proposed Special Permit. In addition, Applicant presented additional detailed project information at the Urban Affairs Committee meeting which occurred on April 29, 2024. All comments by those attending the City Council public hearing have been duly considered in making this decision. 9. Applicant provided further written and oral documentation to the City Council's Urban Affairs Committee regarding its Application, in the course of the Urban Affairs Committee meeting referred to above. 10. Applicant has requested a reasonable accommodation under State and Federal Law with respect to its Proposed Use at the Premises, specifically, relief from Marlborough Zoning Ordinance Article VI, Section 650-31 C(2)(a) as the Premises will be located within 1000’ of a school (Crossroads School Inc., 295 Donald Lynch Blvd, Marlborough, MA 01752). 11. The Applicant argues that a municipality is required to reasonably accommodate disabled persons by modifying its zoning policies, practices and procedures and may not intentionally discriminate against disabled persons. 28 C.F.R. § 35.130(b)(7)(i)-(ii) states: “A public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity.” BASED UPON THE ABOVE, THE CITY COUNCIL MAKES THE FOLLOWING FINDINGS OF FACT AND TAKES THE FOLLOWING ACTIONS: A) The City Council finds that Applicant has complied with all the Rules and Regulations promulgated by the Marlborough City Council as they pertain to the Application. B) The City Council finds that the Proposed Use of the Premises, subject to the conditions imposed below, will not be in conflict with the public health, safety, convenience and welfare and will not be detrimental or offensive. Further, the City Council finds that the Proposed Use of the Premises, is consistent with the use allowed by Special Permit under Article VI, Section 650-31 of the Zoning Ordinance and that any adverse effects of the Proposed Use will not outweigh its beneficial impacts to the City or the neighborhood. In addition, the City Council finds that the outpatient services offered to individuals in recovery from substance use will provide a significant benefit to the residents of the City. In making these determinations, the City Council has considered the factors outlined in Article VI, Section 650-31(B)(1)-(7) of the Zoning Ordinance. IN CITY COUNCIL 18 MAY 20, 2024 C) The City Council finds that the individuals the Applicant intends to provide services to at the Premises are a protected class, as a result of disability, under the Americans with Disabilities Act. The City Council finds the relief requested from Marlborough Zoning Ordinance Article VI, Section 650-31 C, is reasonable and necessary, given without said relief the limitations imposed by subsection C of Section 650-31 would prevent locating the Proposed Use at the Premises. D) The City Council, pursuant to its authority under Mass. Gen. Laws c. 40A and the Marlborough Zoning Ordinance, GRANTS the Applicant a Special Permit 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 with a reasonable accommodation under the Americans with Disabilities Act in the form of a waiver from having to comply with subsection C(2)(a) of Section 650-31 of Article IV, SUBJECT TO THE FOLLOWING CONDITIONS, which conditions shall be binding on the Applicant, its successors and/or assigns: 1. Compliance With Building Regulations. Buildout and modification of the Premises to be occupied shall be in accordance with all applicable building codes in effect in the City of Marlborough and Commonwealth of Massachusetts. 2. Application and Documents. All plans, drawings, site evaluations, and documentation provided by the Applicant as part of this Special Permit Application, including the Site Plan, are herein incorporated into and become a part of this Special Permit and become conditions and requirements of the same. 3. Compliance with Local, State and Federal Laws. The Applicant agrees to comply with all rules, regulations, and ordinances of the City of Marlborough, Commonwealth of Massachusetts, and the Federal Government as they may apply to the construction, maintenance, and operation of Applicant’s Proposed Use at the Premises, as supplemented by applicable conditions of this Special Permit. 4. Incorporation of Plans and Drawings. All terms, conditions, requirements, approvals, plans, and drawings provided by the Applicant as part of this Special Permit Application and as amended during the application/hearing process before the City Council and/or the City Council's Urban Affairs Committee, including the Site Plan, are herein incorporated into and become part of this Special Permit and become conditions and requirements of the same, unless otherwise altered by the City Council. 5. Compliance of Signs with Sign Ordinance. All building signage at the subject location shall comply with the City of Marlborough Sign Ordinance. 6. Fire Protection. Fire protection systems shall be acceptable in all respects to the City of Marlborough Fire Chief or their designee. 7. Safety. The Applicant’s Premises shall be locked, even during program hours (office hours). The front desk shall be staffed during program hours and patients will be required to sign-in and sign-out. A waiting area shall be used within the Premises to minimize congestion and wait time outside the Premises for pick-ups. IN CITY COUNCIL 19 MAY 20, 2024 8. Recording of Decision. In accordance with the provisions of Massachusetts General Laws Chapter 40A, § 11, the Applicant, its successors and/or assigns, at its expense, shall record this Special Permit in the Middlesex South Registry of Deeds after the City Clerk has certified that the twenty-day period for appealing this Special Permit has elapsed with no appeal having been filed. After recording but prior to issuance of a Building Permit, Applicant shall provide the City Council and the City Solicitor’s office with a copy of the recorded Special Permit. 9. Unless the context otherwise clearly requires, all references in the above conditions to Applicant’s “successors and/or assigns” shall also refer to and include any sub-tenant(s) of the Applicant. Yea: 11 – Nay: 0 Yea: Vital, Doucette, Preciado, Brown, Irish, Navin, Landers, Navin, Oram, Ossing & Robey. President Ossing called a recess at 9:20 PM and returned to open meeting at 9:22 PM. 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, City of Marlborough v. Town of Northborough (Civil Action No. 1685CV01772), as the chair hereby declares that discussion in an open session may have a detrimental effect on the City and the City’s litigating position. The City Council will re-convene in open session after the Executive Session. APPROVED; adopted. Yea: 11 – Nay: 0 Yea: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Landers, Navin, Oram, Ossing & Robey. President Ossing called a recess at 10:03 PM and returned to open meeting at 10:07 PM. Motion by Councilor Oram, seconded by the Chair to adopt the following: ORDERED: To authorize entering into the Settlement Agreement with the Town of Northborough, as presented by the City Solicitor, regarding the pending matter, City of Marlborough v. Town of Northborough (Civil Action No. 1685CV01772), APPROVED; adopted. Motion by Councilor Oram, seconded by the Chair to adopt the following: ORDERED: That the City Council of the City of Marlborough hereby authorizes the Mayor, on behalf of the City of Marlborough, to enter into the intermunicipal agreement for Wastewater treatment with the Town of Northborough pursuant to Massachusetts General Law Chapter 40, §4A as presented, APPROVED; adopted. 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 10:09 PM; adopted.