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City Council

Regular Meeting

Marlborough, MA · December 2, 2024

AgendaMinutes

Minutes

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, DECEMBER 2, 2024 The regular meeting of the City Council was held on Monday, December 2, 2024, at 8:00 PM in City Council Chambers, City Hall. Councilors Present: Ossing, Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Navin, Oram & Robey. Councilors Absent: Landers. Meeting adjourned at 9:31 PM. City Council President Ossing along with Mayor Dumais, welcomed the principal, chaperones, and students from our sister City of Akiruno, Japan. At this time the students were presented with gifts and proclamations from the city. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, NOVEMBER 18, 2024, FILE AS AMENDED; adopted. That the PUBLIC HEARING on the Application for Special Permit from Attorney Christopher Flood on behalf of Anibal E. Guillermo Sacor, to convert an existing two-family residential property to a three-family residential property at 30 Maple Street, Order No. 24-1009298, all were heard who wish to be heard, hearing closed at 8:37 PM; adopted. Councilors Present: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Navin, Ossing, Oram & Robey. Councilors Absent: Landers. That the TAX CLASSIFICATION PUBLIC HEARING with the Board of Assessors to determine the percentage of the local tax levy to be borne by each class of property for Fiscal Year 2025, Order No. 24-1009310A, all were heard who wish to be heard, hearing closed at 9:22 PM; adopted. Councilors Present: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Navin, Oram, Ossing & Robey. Councilors Absent: Landers. Assessors Present: Silverstein, Steinberg & Valade. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Mayor, re: FY 2025 Tax Classification Hearing Information, FILE; adopted. IN CITY COUNCIL 2 DECEMBER 2, 2024 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $500,000.00 (Five hundred thousand dollars) which moves funds from Overlay Reserve to Reduce the FY 2025 Tax Levy, APPROVED; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $41,775.00 (Forty-one thousand, seven hundred seventy-five dollars) which moves funds from Sale of Graves to Reduce the FY 2025 Tax Levy, APPROVED; adopted. Councilor Vital Opposed. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Marlborough City Council votes in accordance with MGL Chapter 40, §56, as amended, the percentage of local tax levy which will be borne by each class of real and personal property, relative to setting the Fiscal Year 2025 tax rates and set the Residential Factor at 0.8431 with a corresponding CIP shift of 1.45 pending approval of the City’s annual tax recap by the Massachusetts Department of Revenue, APPROVED; adopted. IN CITY COUNCIL 3 DECEMBER 2, 2024 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Gift Acceptance in the amount of $1,250.00 from the Marlborough Foundation awarded to the Senior Center to assist seniors in need with heating costs this winter, APPROVED; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Grant Acceptance in the amount of $15,000.00 from the MA Cultural Council awarded to the Marlborough Downtown Village Association (MEDC) to support the annual Food Truck & Artisan Festival, APPROVED; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Grant Acceptance in the amount of $15,500.00 from the MA Emergency Management Agency (MEMA) awarded to Marlborough Emergency Management to be used for emergency preparedness, APPROVED; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Attorney Brian Falk, on behalf of BMB Health & Nutrition, LLC, re: Request to Withdraw without Prejudice the Application for Special Permit for a new fitness, wellness, and nutrition center, with a gym, cafeteria-style food service, locker rooms, and accessory wellness facilities located on the first floor of an existing multi-tenant commercial building at 397 Williams Street, Order No. 24- 1009253A, APPROVED; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Attorney Brian Falk, on behalf of Garden Remedies, Inc., re: Notice of Community Outreach Meeting relative to the Special Permit Application to allow for the relocation of the establishment from 416 Boston Post Road East to 423 Lakeside Avenue to be held Tuesday, December 3, 2024, FILE; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY, JANUARY 27, 2025, as the DATE FOR PUBLIC HEARING, on the Application for Special Permit from Marlborough Maple Real Estate Trust, for a Drive-Thru Window in an existing building to add at café at 420 Maple Street, referred to the URBAN AFFAIRS COMMITTEE & ADVERTISE; 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) Conservation Commission, November 7, 2024. b) Cultural Council, August 7, 2024. c) Historical Commission, September 19, 2024. d) Planning Board, September 23, 2024 & October 21, 2024. e) Traffic Commission, September 25, 2024. Suspension of the Rules requested – granted. Motion by Councilor Fuccillo, seconded by the Chair to adopt the following: ORDERED: That the Communication from the City Engineer Thomas DiPersio, re: Petition of MA Electric, to construct a line of underground electric conduits, including the necessary sustaining and protecting fixtures, under and across the public way or ways hereinafter named Bigelow Street & Robin Hill Street, FILE; adopted. IN CITY COUNCIL 4 DECEMBER 2, 2024 Motion by Councilor Fuccillo, seconded by the Chair to adopt the following: ORDERED: That the Petition of MA Electric, to construct a line of underground electric conduits, including the necessary sustaining and protecting fixtures, under and across the public way or ways hereinafter named Bigelow Street & Robin Hill Street, beginning at a point approximately 0 feet at the centerline of the intersection of Bigelow Street & Robin Hill Street and continuing approximately 228 feet in a North direction. Install underground facilities on Robin Hill Street & Bigelow Street. Installing 229’ of conduit on Bigelow Street and Robin Hill Street, APPROVED WITH THE FOLLOWING CONDITIONS; adopted. 1. Temporary and permanent trench paving details shall be as per City regulations (the details provided in the plans do not comply). Curb-to-curb milling and repaving will be required in some areas. 2. The location must be marked out and inspected by the Engineering Division prior to the work, and final road opening permit approval will be granted by the Engineering Division. The road opening permit will specify final milling and repaving limits. 3. Any necessary easements are to be obtained from affected property owners. 4. A street opening permit must be applied for by the proposed contractor performing the work. 5. The contractor performing the work must obtain a street opening bond with the City of Marlborough. 6. The contractor shall provide the Engineering Division preconstruction photos of driveways, sidewalks, lawn areas, and roadway areas impacted by all construction activities. 7. 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. 8. The contractor is to ensure residents are always able to enter and exit their driveways (have necessary steel plating on site and accessible). 9. Ensure construction safety controls are established (signage, drums, police details, etc...) and are in accordance with the latest MUTCD standards. 10. Trench backfilling, compacting, temporary, and final paving are to be done in accordance with the City of Marlborough standard trenching details. 11. Trenches are to be paved or completely backfilled and compacted at the end of each workday. Trenches are never to be left unattended. 12. Post construction loaming and seeding are to be done in accordance with the 1995 MHD Standard Specifications sections 751 & 765. 13. 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 There being no further business, the regular meeting of the City Council is herewith adjourned at 9:31 PM; adopted.

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