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, JUNE 3, 2024 The regular meeting of the City Council was held on Monday, June 3, 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 8:29 PM. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, MAY 20, 2024, FILE; adopted. That the 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, Order No. 24-1009177, all were heard who wish to be heard, hearing closed at 8:03 PM; adopted. a) Communication from City Engineer Thomas DiPersio, re: Recommended conditions for Petition from Massachusetts Electric and Verizon New England, D’Angelo Drive. Councilors Present: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Landers, Navin, Ossing Oram & Robey. Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the 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, APPROVED WITH THE FOLLOWING CONDITIONS; adopted. 1. The location shall be marked out for approval by the Engineering Division prior to the work. 2. Any necessary easements are to be obtained from affected property owners. 3. A street opening permit must be applied for by the proposed contractor performing the work. 4. The contractor performing the work must obtain a street opening bond with the City of Marlborough. 5. The contractor shall provide the Engineering Division preconstruction photos of driveways, sidewalks, lawn areas, and roadway areas impacted by all construction activities. 6. A proper staging area is to be located/acquired before work commences – material and equipment is not to be parked/stockpiled within the city right of way and or private property unless permission is granted in writing by the property owner. IN CITY COUNCIL 2 JUNE 3, 2024 7. The contractor is to ensure residents are always able to enter and exit their driveways (have necessary steel plating on site and accessible). 8. Ensure construction safety controls are established (signage, drums, police details, etc...) and are in accordance with the latest MUTCD standards. 9. Trench backfilling, compacting, temporary, and final paving are to be done in accordance with the City of Marlborough standard trenching details. 10. Trenches are to be paved or completely backfilled and compacted at the end of each workday. Trenches are never to be left unattended. 11. Post construction loaming and seeding are to be done in accordance with the 1995 MHD Standard Specifications sections 751 & 765. 12. Proposed utility pole(s) shall not put any sidewalks or sidewalk ramps into non-compliance with current ADA standards. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Disclosure of Financial Interest from Councilor Mark Vital, re: Request for approval pursuant to MGL Chapter 268A, §20(b) to provide services to the School Department as a municipal employee, FILE; adopted. Councilor Vital recused. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Mayor, re: Capital Bond Requests totaling $10,270,000.00, which includes various reconstruction of streets, and other projects as outlined in the communication, referred to the MAYOR; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $70,000.00 from Undesignated Fund (Free Cash) to Capital Outlay for the purchase of equipment for the new E-ONE Class A Fire Engine, APPROVED; adopted. IN CITY COUNCIL 3 JUNE 3, 2024 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Grant Acceptance in the amount of $75,000.00 from the Cummings Foundation awarded to the Senior Center to be used to fund a chef to manage the kitchen and lunch program at the Senior Center; 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 $1,500.00 from the MetroWest Food Collaborative awarded to the Senior Center to be used to offset costs associated with the lunch program; adopted. Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Notification of Temporary Appointment pursuant to MGL Chapter 41 §61A of MJ Spagone as Interim City Collector/Assistant Finance Director for a 60-day term to expire July 27, 2024, FILE; adopted. Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Appointment of MJ Spagone as City Collector/Assistant Finance Director for a 2-year term effective from date of Council confirmation, referred to the PERSONNEL COMMITTEE; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Mayor, re: Capital Improvement Plan (FY 24 to FY 28), referred to the FINANCE COMMITTEE, APPROVED; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from City Solicitor Jason Grossfield, re: Amended Site Plan JW Capital Partners, LLC, for a mix-use project at 57 Main Street in the Marlborough Village District, in proper legal form, Order No. 22/24-1008694, MOVED TO ITEM #19 & FILE; adopted. Councilor Preciado recused. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That Communication from City Solicitor Jason Grossfield, re: Executed copy of the Settlement Agreement and Intermunicipal Agreement for Wastewater Treatment and Disposal with the Town of Northborough, FILE; adopted. Motion by Councilor Oram, seconded by the Chair to adopt the following: ORDERED: That the Communication from Central MA Mosquito Control Project, re: Personnel will be in the community responding to residents’ concerns about mosquitos on various dates in June 2024, FILE; adopted. Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY JUNE 17, 2024, as the DATE FOR PUBLIC HEARING, on the Petition of MA Electric and Verizon New England, to install one Joint Owned Pole at 100 Locke Drive, at a point approximately 1256’ Northwest of the centerline of the intersection of Elm Street. Installing new Pole 7-50 which will be 45’ between Poles 7 and 8. A new kvar cap bank will be installed on this pole; adopted. IN CITY COUNCIL 4 JUNE 3, 2024 Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY JULY 22, 2024, as the DATE FOR PUBLIC HEARING, on the Application for a Wireless Special Permit from Kristen LeDuc on behalf of Dish Wireless to install three (3) Wireless Antennas and related equipment on the rooftop at 157 Union Street, referred to the PUBLIC SERVICES COMMITTEE & ADVERTISE; adopted. Councilor Robey recused. 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, May 14, 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) Talissa Barbalho, 51 Old Common Road, Auburn, pothole or other road defect. b) John Farrey/Julia Rupp, 2 South Bolton Street, other property damage and/or personal injury. c) Harry McCarthy, 73 Wayside Inn Road, pothole or other road defect. d) Tim McCarthy, 73 Wayside Inn Road, pothole or other road defect. e) Nicholas Rivera, 20 Kirby Street, pothole or other road defect. f) John Scarlett, 200 Farrington Lane, pothole or other road defect. Reports of Committees: THERE WERE NO REPORTS OF COMMITTEE. Suspension of the Rules requested – granted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That no more than three hundred fifty thousand dollars ($350,000.00) shall be expended from the Parks and Recreation Revolving Fund during fiscal year 2025, unless otherwise authorized by City Council and Mayor, APPROVED; adopted. Suspension of the Rules requested – granted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That no more than one hundred forty-three thousand five hundred twenty dollars ($143,520.00) shall be expended from the Public Safety Revolving Fund during fiscal year 2025, unless otherwise authorized by City Council and Mayor, APPROVED; adopted. Suspension of the Rules requested – granted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That no more than one hundred fifty thousand dollars ($150,000.00) shall be expended from the Council on Aging Revolving Fund during fiscal year 2025, unless otherwise authorized by City Council and Mayor, APPROVED; adopted. IN CITY COUNCIL 5 JUNE 3, 2024 Suspension of the Rules requested – granted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That no more than five hundred thousand dollars ($500,000.00) shall be expended from the Water and Sewer Revolving Fund during fiscal year 2025, unless otherwise authorized by City Council and Mayor, APPROVED; adopted. Motion by Councilor Navin, 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 AS FOLLOWS: I. By amending Chapter 125 (“Personnel”), Section 125-10, entitled “Starting minimum rate”, by deleting Section 125-10(C) 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. II. By amending Chapter 125 (“Personnel”), Section 125-18, entitled “Vacations”, by deleting Section 125-18(A)(4) 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. APPROVED; adopted. First Reading, suspended; Second Reading, adopted; Passage to Enroll, adopted; Passage to Ordain; adopted. No objection to passage in one evening. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the City Council of the City of Marlborough does hereby approve, pursuant to §650-34.B(3) of the Marlborough Zoning Ordinance, the Amended and Restated Site Plan Approval with Conditions (attached hereto), which amends the Council’s Site Plan Approval with Conditions dated April 25, 2023 (City Council Order No. 22/23-1008694D), said plans for a mixed use project at 57 Main Street, APPROVED; adopted. Councilor Preciado recused. 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 8:29 PM; adopted.