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 17, 2024 The regular meeting of the City Council was held on Monday, June 17, 2024, at 8:00 PM in City Council Chambers, City Hall. Councilors Present: Ossing, Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Landers, Navin (arrived 8:01 PM), Oram & Robey. Meeting adjourned at 8:21 PM. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, JUNE 3, 2024, FILE; adopted. That the 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, Order No. 24-1009194, all were heard who wish to be heard, hearing closed at 8:04 PM; adopted. 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 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, 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 17, 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 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 effective June 1, 2024 (expire July 31, 2024), FILE; adopted. Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Mayor, re: Notification of Extension of Temporary Appointment pursuant to MGL Chapter 41 §61A of Theodore L. Scott as Interim Commissioner of the Department of Public Works for an additional 60-day term effective June 19, 2024 (expire August 18, 2024), FILE; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Grant Acceptance in the amount of $345,334.00 from the Board of Library Commissioners awarded to the Public Library to be used in support of the construction project for the library; adopted. IN CITY COUNCIL 3 JUNE 17, 2024 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $1,000,000.00 (One million dollars) from Undesignated Fund (Free Cash) to the West Side Fire Station Stabilization per Condition #16 of the Special Permit issued to Cameron General Contractors for 96 Crowley Drive (Order No. 19-1007703D), APPROVED; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Capital Bond Requests totaling $10,270,000.00, which includes funding for facility, utility, and street projects throughout the city, referred to FINANCE COMMITTEE & ADVERTISE; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Planning Board, re: Unfavorable Recommendation on the Proposed Zoning Ordinance Amendment to Chapter 650 “Zoning” relative to updating provisions regarding Medical and Adult Use Marijuana, FILE; adopted. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: Under authority of MGL Chapter 101, §12A, the City Council hereby GRANTS FEMARA, Inc., for a three-day period, from August 22 through 25, 2024, inclusive, and consistent with the charitable purpose of FEMARA, Inc., a license to conduct under their control a temporary or transient business at their convention being held at the Best Western Royal Plaza Hotel & Trade Center in which transient vendors participating in such sale shall not be subject to the provisions of §§3 to 12 inclusive; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the request of Colbea Enterprises, LLC to continue the exemption to the hours of operation under City Code Chapter 342, Article 1, Section 342-2 granted by City Council Order No. 23-1008870C, allowing the Shell Gas Station at 342 Boston Post Road East to be open for business from 5:00 AM to 11:00 PM with all existing conditions for one additional year, APPROVED; adopted. IN CITY COUNCIL 4 JUNE 17, 2024 Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Selective Service System, re: Information on registration requirements for 18-year-old men who are required to register for Selective Service, FILE; adopted. Motion by Councilor Doucette, seconded by the Chair to adopt the following: ORDERED: That the Minutes of following Boards, Commissions and Committees, FILE; adopted. a) Board of Assessors, April 19, 2024 & April 29, 2024. b) Commission on Disabilities, October 16, 2023. c) Planning Board, April 22, 2024 & May 6, 2024. d) Traffic Commission, April 24, 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) Ginette Cenatus/Theodorat Antoine 97 Howe Street, other property damage and/or personal injury. b) Elizabeth Johnson, 70 Western View Drive, pothole or other road defect. c) Kyle Keane, 522 Bigelow Street, pothole or other road defect. d) Brian Robillard, 66 Cranbrook Drive, Holden, pothole or other road defect. Reports of Committees: Councilor Brown reported the following out of the Legislative & Legal Affairs Committee: City Council Legislative & Legal Affairs Committee Monday, June 10, 2024 – In Council Chambers Minutes and Report This meeting convened at 6:30 PM in the City Council Chamber, second floor, City Hall. Public attendance was permitted. The meeting was televised on WMCT-TV (Comcast Channel 8 and 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). Committee Members Present: Chair Brown, Councilors Robey and Fuccillo. Other Councilors Present: Councilors Ossing, Landers, Irish, Navin, Oram, Doucette, Vital; Councilor Preciado arrived at 6:45 PM. Others Present: Mayor Dumais, City Solicitor Grossfield, Asst. Solicitor McManus, Acting DPW Commissioner Scott and City Engineer DiPersio addressed the following orders. Order No. 24-1009132 (X 23-1008936): Communication from Mayor Dumais dated April 4, 2024, with proposed Acceptance of Deed in Lieu of Foreclosure concerning parcels of land located off Mosher Lane. The Chair read the letter from the Mayor. Solicitor Grossfield addressed the Mayor’s request related to the four parcels; three located on Hemenway Street and one parcel on Mosher Lane, comprising approximately 16 acres and a tax debt of $49,000.00. Replying to Councilor Ossing’s request for the status of Mosher Lane as a public way, Solicitor Grossfield stated the acceptance of these parcels is a good faith effort and the first step in the process to resolve outstanding issues. IN CITY COUNCIL 5 JUNE 17, 2024 Reports of Committee Continued: Motion by Councilor Robey, seconded by Councilor Fuccillo, to recommend approval of Order No. 24-1009132 to accept title, by deed in lieu of foreclosure from Avidia Bank for Parcel A, Map 11-3, Parcel A1 Map 11-40 and Parcel B, Map 10-41, all to be designated as open space as part of the Forest Trail definitive subdivision and controlled by the Marlborough Conservation Commission for the promotion and development of natural resources, watershed protection, passive recreation and conservation and to accept title by deed in lieu of foreclosure from Avidia Bank for Parcel B1, Map 10-82. Vote 3-0. Order No. 24-1009133 (X 23-1008948): Communication from Mayor Dumais dated April 4, 2024, with proposed Acceptance of Easement for a small portion of land at the corner of Hayes Memorial Drive and Boston Post Road West from the property owners of 1000 Nickerson Road for a Welcome to Marlborough sign. The Chair read the letter from the Mayor. The property owners graciously agreed to this easement during the prior administration and the welcome sign has already been crafted and finished in conformity with other welcome signs throughout the entrances to the city. There is a state earmark of $22,500.00 from FY24 which covered the cost of the sign. The final process is City Council approval of the easement. Motion by Councilor Fuccillo, seconded by Chair, to recommend acceptance of the Easement as submitted. Vote 3-0. Motion made and seconded to adjourn; the meeting adjourned at 6:48 PM. Councilor Navin reported the following out of the Personnel Committee: City Council Personnel Committee Monday, June 10, 2024 Minutes and Report This meeting convened at 7:30 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 Navin, Councilors Brown and Doucette. Non-Voting members: Councilors Ossing, Landers, Fuccillo, Irish, Robey, Oram, Preciado and Vital. Order No. 24-1009172: Communication from Mayor Dumais with Appointment of Marylou Vanzini to the Council on Aging for a term of four (4) years to expire on May 1, 2028. The Chair read the letter from Mayor Dumais, dated 5/15/24. Marylou was born in Marlborough, attended public school, and graduated from MHS. She is an active attendee of the senior center and her extensive community involvement over the years includes co-founder of the Marlborough Girls Club, starting the MHS All-Nighter, founder of the Citizens Scholarship Foundation, member of the Marlborough Council of Children and was an elected member of the Marlborough School Committee for 12 years. Motion by Councilor Brown, seconded by Chair, to recommend approval of the appointment of Marylou Vanzini to the Council on Aging for a four-year term to expire on May 1, 2028. Vote 3-0. IN CITY COUNCIL 6 JUNE 17, 2024 Reports of Committee Continued: Order No. 24-1009190: Communication from Mayor Dumais with Appointment of MJ Spagone as City Collector/Assistant Finance Director for a two (2) year term effective the date of City Council confirmation; temporary appointment effective May 28, 2024. The Chair read the letter from Mayor Dumais, dated 5/30/24. Councilors questioned Ms. Spagone regarding her extensive government service and her efforts to become a certified Massachusetts Municipal Collector. She is a lifelong resident of Bridgewater with strong ties to her community. Motion by Councilor Brown, seconded by Chair, to recommend approval of the appointment of MJ Spagone as City Collector/Assistant Finance Director for a two (2) year term effective the date of City Council confirmation. Vote 3-0. Order No. 24-1009157: Communication from Mayor Dumais with Appointment of Christine Purple as Human Resources Director for a term to expire three (3) years from the date of City Council confirmation; temporary appointment effective April 29, 2024. The Chair read the letter from Mayor Dumais, dated 5/2/24. Mrs. Purple stated her passion has always been in human resources and that she is very happy to be back in Marlborough as HR Director, a position held in the city from March 2021 to November 2022, having recently worked in Clinton, a town with a population of 15,000. Discussing job descriptions with Councilor Ossing, she confirmed new and revised job descriptions will be submitted to the City Council for approval. She was unaware of the total number of job descriptions but stated the Classification study includes a review of job descriptions for non-union employees. Motion by Councilor Doucette, seconded by Chair, to recommend approval of the appointment of Christine Purple as Human Resources Director for a term to expire three (3) years from the date of City Council confirmation. Vote 3-0. Motion made and seconded to adjourn; the meeting adjourned at 8:15 PM. Councilor Robey reported the following out of the Urban Affairs Committee: City Council Urban Affairs & Housing Committee Monday, June 10, 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, Councilor Landers, and Councilor Preciado. Also present were Councilors Brown, Fuccillo, Irish, Oram, Ossing and Vital. Order No. 24-1009136: Communication from Assist. City Solicitor Jeremy McManus on behalf of Councilor Robey with Proposed Zoning Amendment re: Medical and Adult Use Marijuana. The chair opened the meeting at 7:00 PM and reviewed the timeline of the Council's public hearing on May 6th and need to vote on this within 90 days from that date, which is August 4th. As the Council doesn't have a meeting between July 22nd and August 4th, we need to vote on July 22nd. She then read the communication from the Planning Board after its June 3rd public hearing with its negative recommendation and their reasons described in 5 bullet points. IN CITY COUNCIL 7 JUNE 17, 2024 Reports of Committee Continued: The chair went through the bullet points offering input, noting that the code currently doesn't allow "social consumption establishments" and there is no plan with this order to do so in the future. On the point of hours of operation of establishments in Section III 650-32 M, the chair noted she had erred when developing the amendments and suggested someone move to amend to have the hours be 9 AM to 10 PM. vs 10 AM to 10 PM. Discussion occurred on deleting the hours entirely, but no motion was offered. Councilor Doucette moved to amend Section III 650-32 M by striking 10:00 AM and inserting 9 AM in the hours for a marijuana medical treatment center or marijuana retailer to be open, it was seconded, and the vote carried 5-0. Councilor Doucette moved to recommend approval of Order 24-1009136 as amended, it was seconded, and the vote carried 5-0. Councilor Doucette moved to adjourn; it was seconded and carried 5-0. The meeting adjourned at 7:23 PM. Suspension of the Rules requested – granted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Proposed Zoning Ordinance Amendment to Chapter 650 “Zoning” relative to updating provisions regarding Medical and Adult Use Marijuana, referred to CITY SOLICITOR TO BE PUT IN PROPER LEGAL FORM FOR THE JULY 22, 2024, CITY COUNCIL MEETING; adopted. Suspension of the Rules requested – granted. Motion by Councilor Fuccillo, 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 Robin Latour on behalf of Dish Wireless to install three (3) Wireless Antennas and related equipment on the rooftop at 450 Boston Post Road East, referred to the PUBLIC SERVICES COMMITTEE & ADVERTISE; 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 8:21 PM; adopted.