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 – VACANT Council President Council Vice-President Michael H. Ossing Kathleen D. Robey CITY OF MARLBOROUGH CITY COUNCIL MEETING MINUTES MONDAY, APRIL 28, 2025 The regular meeting of the City Council was held on Monday, April 28, 2025, at 8:00 PM in City Council Chambers, City Hall. City Councilors Present: Ossing, Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Navin, & Robey. Absent: Oram. Meeting adjourned at 8:40 PM. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, APRIL 14, 2025, FILE; adopted. President Ossing called a recess at 8:02 PM and returned to open meeting at 8:05 PM. That the PUBLIC HEARING on the Application for a Special Permit from 27 Curtis Ave LLC, for the Proposed Renovation and Reconstruction of a pre-existing non-conforming Car Wash located at 27 Curtis Avenue, Order No. 25-1009397, all were heard who wish to be heard, hearing closed at 8:17 PM; adopted. Councilors Present: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Navin, Ossing & Robey. Councilors Absent: Oram. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Grant Acceptance in the amount of $2,600.00 (two thousand six-hundred dollars) from the Executive Office of Public Safety and Security awarded to the Fire Department for the FY25 Senior S.A.F.E. program to promote fire safety to Marlborough senior citizens, APPROVED; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Grant Acceptance in the amount of $7,200.00 (seven thousand two-hundred dollars) from the Executive Office of Public Safety and Security awarded to the Fire Department for the FY25 S.A.F.E. program to be used for fire safety education for our students and community through open houses, and safety awareness initiatives, APPROVED; adopted. IN CITY COUNCIL 2 APRIL 28, 2025 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $581,007.00 (five hundred eighty-one thousand seven dollars) from Free Cash to Short-Term Interest to cover the interest payment on a Bond Anticipation Note (BAN), referred to the FINANCE COMMITTEE; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Comptroller FISCAL YEAR: 2025 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $13,174,985.40 $581,007.00 10000 35900 Undesignated Fund $581,007.00 17520006 59254 Interest on BAN $0.00 Reason: To cover interest due on BAN $581,007.00 Total $581,007.00 Total Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $4,187,233.00 (four million, one hundred eighty-seven thousand two hundred thirty-three dollars) from Free Cash to the Health Insurance Trust Fund to cover a projected deficit, referred to FINANCE COMMITTEE; adopted. Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $13,174,985.40 $4,187,233.00 10000 35900 Undesignated Fund $4,187,233.00 8709910 49710 Health Insurance Trust $0.00 Reason: To cover projected deficit in the trust $4,187,233.00 Total $4,187,233.00 Total IN CITY COUNCIL 3 APRIL 28, 2025 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Capital Transfer Request in the amount of $4,351,873.00 (four million three hundred fifty-one thousand eight hundred seventy-three dollars) from Free Cash to Capital Outlay to address critical needs identified by the Police Department, Information Technology Department and the Department of Public Works, referred to FINANCE COMMITTEE; adopted. Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $13,174,985.40 $4,351,873.00 10000 35900 Undesignated Fund $1,800,000.00 19300006 58731 Capital Outlay-DPW Equip $105,185.47 Reason: To fund various capital requests DPW Equipment $300,000.00 19300006 55650 Capital Outlay-Sewer Maint $0.00 Sewer system hydraulic model $1,000,000.00 19300006 58718 Capital Outlay-Recreation $132,364.00 Reason: Ward pool $811,585.00 19300006 58618 Capial Outlay-IT Equip $12,455.52 Reason: Virtual servers and school hardware technology $440,288.00 19300006 58593 Capital Outlay-Police Dept $890.98 Reason: Vehicles, vests, tasers and fencing $4,351,873.00 Total $4,351,873.00 Total Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Capital Bond Requests totaling $15,550,000.00, which includes funding for facility, utility, and street projects throughout the city, referred to 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: Application for Amendment to Special Permit from 339 Boston Post Road Owner, LLC, to modify a condition of an existing Special Permit to alter the language relative to certain traffic calming measures at 339 Boston Post Road East, in proper legal form, Order No. 25- 1009354B, MOVED TO ITEM #21 & FILE; adopted. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Communication from Assistant City Solicitor Jeremy McManus, re: Proposed Ordinance to add to Chapter 250 “Animals” a new section relative to Second- Generation Anticoagulant Rodenticides (SGARs), in proper legal form, Order No. 25- 1009383A, MOVED TO ITEM #20 & FILE; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Retirement Board, re: Notice of a meeting to be held May 27, 2025, to consider a Cost-of-Living Adjustment (COLA) pursuant to MGL Chapter 32 §103(i), FILE; adopted. IN CITY COUNCIL 4 APRIL 28, 2025 Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Communication from Flying Dreams Brewing Co., LLC, re: Request to expand outdoor seating to use parking spaces on Rawlins Avenue adjacent to the existing sidewalk seating, referred to the LEGISLATIVE & LEGAL AFFAIRS COMMITTEE; 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 (attached hereto), 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. Motion by Councilor Fuccillo, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY, JUNE 9, 2025, as the DATE FOR PUBLIC HEARING, on the Application for a Wireless Special Permit from Gerry Squires on behalf of Dish Wireless, to install, operate and maintain a Wireless Communication Facility, consisting of nine (9) antennas, twelve (12) RRU’s, twelve (12) fiber cables and ground equipment within a 100 square foot lease area on and next to the water tank at 115 Onamog Street, referred to the PUBLIC SERVICES COMMITTEE & ADVERTISE; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY, JUNE 9, 2025, as the DATE FOR PUBLIC HEARING, on the Application for a Special Permit from Attorney Gemma Cashman, on behalf of TV Marlborough, LLC and Green Armory Laboratories, Inc., for the purpose of operating an independent Marijuana Testing Laboratory to be located at 260 Cedar Hill Street, referred to the URBAN AFFAIRS COMMITTEE & ADVERTISE; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY, JUNE 9, 2025, as the DATE FOR PUBLIC HEARING, on the Application for a Special Permit from Attorney Gemma Cashman, on behalf of Royal 401 Elm Street, LLC, for the purpose of operating an approximate 203,500 square foot warehousing and distribution facility to be located at 415 Elm 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, April 3, 2025. b) Historical Commission, February 20, 2025. c) Library Trustees, March 4, 2025. d) Planning Board, March 10, 2025. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the following CLAIMS, referred to the LEGAL DEPARTMENT; adopted. a) Kenrick Haywood, 46 Hildreth Street, pothole or other road defect. b) United Brethren Lodge, 8 Newton Street, other property damage and/or personal injury. IN CITY COUNCIL 5 APRIL 28, 2025 Councilor Irish reported the following out of the Finance Committee: City Council Finance Committee Monday, April 23, 2025 Minutes and Report This meeting convened at 6:30 PM and was held in the City Council Chamber and open to the public. The meeting was televised live on WMCT-TV (Comcast Channel 8 or Verizon/Fios Channel 34) and available for viewing on their website, https://www.wmct-tv.com. Voting Members: Chair Irish, Councilors Fuccillo, Brown, Oram and Vital. Also present were Councilors Ossing, Navin and Doucette; Mayor Dumais, Meredith Harris and Linda Martins from MEDC, City Engineer Thomas DiPersio, DPW Capital Projects Manager Mark Dascoli, Building Commissioner Tin Htway and IT Director Gibbs were present to address the Orders. Order No. 25-1009408: Communication from Mayor, re: Transfer of $784,320.00 from Economic Development to MEDC Funding for the FY 2026 Operating Budget of MEDC, and a Transfer Request in the amount of $150,000.00 from Economic Development to MEDC Funding for the Economic Development Toolbox. On motion by Councilor Fuccillo, seconded by chair, the committee recommends approval of the MEDC FY26 Operating budget in the amount of $784,320.00. Vote 4-1 Oram opposed; On a motion by Councilor Brown, seconded by chair, the committee recommends approval of the funding of $150,000.00 for the Toolbox. Vote 5-0. Order No. 25-1009409: Communication from Mayor, re: MWRA Lead Loan Program – Bond Request in the amount of $750,000.00 to replace galvanized and brass water services pursuant to new MassDEP regulations. Councilor Navin left the Chamber. On a motion by Councilor Vital, seconded by chair, the committee recommends approval of the bond. Vote 5-0 with request for a suspension. Order No. 25-1009411: Communication from Mayor, re: Proposed Ordinance Amendment to the City Code, Chapter 125 “Personnel” §6 “Salary Schedule” re the Part-Time Assistant Electrical and Plumbing Inspectors. On a motion by Councilor Brown, seconded by chair, the committee recommends approval of the increase to the hourly rate for the part-time assistant electrical and plumbing inspectors to ‘not to exceed $40 per inspection.” Vote 5-0. Order No. 25-1009406: Communication from Mayor, re: Transfer of $147,581.95 from Reserve for Salaries to various accounts to fund the collective bargaining agreement with the Police Command Officers Association, Local 366. On a motion by Councilor Vital, seconded by chair, the committee recommends approval of the transfer in the amount of $147,581.95 Vote 5-0. Order No. 25-1009407: Communication from the Mayor, re: Transfer in the amount of $167,302.32 from Reserve for Salaries to various accounts to fund a cost-of-living adjustment (COLA) and stipend for all non-union employees. On a motion by Councilor Oram, seconded by chair, the committee recommends approval of the transfer in the amount of $167,302.32. Vote 5-0. IN CITY COUNCIL 6 APRIL 28, 2025 Reports of Committee Continued: Order No. 25-1009404: Communication from the Mayor, re: Grant Acceptance in the amount of $450,000.00 awarded to the City of Marlborough for various projects as outlined in the Mayor’s letter as part of the Fiscal Year 2025 state budget earmark funding. On separate motions the committee took the following actions: • $30,000.00 for security cameras at public housing – Approved 5-0. • $75,000.00 for Temporary Speed Humps Approved 4-1 (Councilor Vital opposed). • $35,000.00 Ghiloni Park pavilion – Postponed 5-0. • $50,000.00 Outreach vehicle as a mobile city hall – Postponed 5-0. • $35,000.00 for the Dog Park Approved 5-0. • $25,000.00 for the Boiler at City Hall (to be used for the Walker Building Boiler) Approved 5-0. • $200,000.00 for the MEDC Shuttle Approved 5-0. Order No. 25-1009405: Communication from the Mayor, re: Transfer of $63,600.00 from Reserve for Salaries to various accounts for salary & sick leave buyback for the Mayor’s Office and Police Department. On a motion by Councilor Oram, seconded by chair, the committee recommends approval of the transfer in the amount of $63,600.00. Vote 5-0. Motion made and seconded to adjourn; the meeting adjourned at 8:01 PM. Councilor Brown reported the following out of the Legislative & Legal Affairs Committee: City Council Legislative & Legal Affairs Committee Monday, April 23, 2025 Minutes and Report This meeting convened at 5:30 PM in the City Council Chamber, 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 live at https://www.wmct-tv.com/watch Committee Members Present: Chair Brown, Councilors Robey and Fuccillo. Other Councilors Present: Councilors Vital, Navin, Ossing, Councilors Oram and Irish arrived late. City Clerk Kerrigan and City Solicitor Grossfield were present to discuss the order. Order No. 25-1009414: Communication from City Solicitor Jason Grossfield re: Procedure to Fill Vacant Ward 7 Councilor Position. IN CITY COUNCIL 7 APRIL 28, 2025 Reports of Committee Continued: The chair read the letter from City Solicitor Grossfield setting forth state law and the city’s Plan B form of government as well as historical research provided by City Clerk Kerrigan; more specifically, two instances in which a vacancy occurred before the last six months of the term of office in 1995 and in 2003. The Solicitor further noted that a municipality may seek special legislation to affect only the municipality in accordance with Section 8 (1) the Home Rule Amendment in the Massachusetts Constitution. Local approval by the Mayor and City Council of a ‘home rule petition” to seek special legislation is required. A home rule petition requests the adoption of legislation by the Legislature for a purpose and often includes draft legislation. Should the City Council wish to seek to obtain special legislation, the City Solicitor can assist in the drafting of a home rule petition. City Clerk Kerrigan addressed the options explaining the timeline associated with having a preliminary special election and final special election while simultaneously holding a preliminary municipal election and final municipal election and the confusion the two would present to voters, especially with early voting and mail in ballots. After a lengthy discussion, it was the consensus of all councilors present that the city should obtain special legislation to appoint an individual to fill the Ward 7 City Council seat rather than hold a special election to fill the current vacancy. On a motion by Councilor Robey, seconded by the chair, the committee recommends the City Solicitor be requested to draft a home rule petition to waive Charter s.59A requiring a special election to fill the vacant ward councilor seat; and, further, to authorize the City Council to immediately appoint the winner of the regular municipal election to fill the unexpired Ward 7 City Council seat. Vote 3-0. On a motion by Councilor Fuccillo, seconded by the chair, the meeting adjourned at 6:15 PM. Suspension of the Rules requested – granted. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That a Home Rule Petition be drafted in accordance with Section 8(1) of the Home Rule Amendment in the Massachusetts Constitution (Mass. Const. amend. Art. 2, as appearing in amend. Art. 89) to waive the requirements of Section 59A of the Charter requiring a Special Election to fill the vacant Ward 7 Council seat; and, further, to authorize the City Council to appoint the winter of the regular Municipal Election to fill the remaining unexpired term of the Ward 7 Council seat, referred to the CITY SOLICITOR; adopted. Motion by Councilor Robey, to move the recommendation of the Open Space Committee to approve the following, seconded by the Chair: ORDERED: That the Draft Open Space Plan for 2025-2032 for public review and comment, FILE; adopted. Motion by Councilor Brown, to move the recommendation of the Legislative & Legal Affairs Committee to approve the following, seconded by the Chair: ORDERED: That the Proposed Ordinance Amendment to Chapter 250 “Animals” to add a new Section relating to “Rodents”, ORDERED ADVERTISED and PLACED ON THE MAY 19, 2025, CITY COUNCIL AGENDA; adopted. IN CITY COUNCIL 8 APRIL 28, 2025 Motion by Councilor Robey, to move the recommendation of the Urban Affairs Committee to approve the following, seconded by the Chair: ORDERED IN CITY COUNCIL NOTICE OF DECISION DECISION ON AN AMENDMENT TO A SPECIAL PERMIT ORDER NO. 25-1009354C Special Permit Application of: 339 Boston Post Road Owner LLC Order No. 25-1009354C Locus: 339 Boston Post Road East Marlborough, MA 01752 Assessors Map 73, Parcels 24, 27 and 28 DECISION ON AN AMENDMENT TO A SPECIAL PERMIT The City Council of the City of Marlborough hereby GRANTS the Application for a Special Permit to 339 Boston Post Road Owner LLC (the “Applicant”) to amend an existing special permit to build and operate a multifamily dwelling residential project at 339 Boston Post Road East, as provided in this Decision and subject to the following Findings of Fact and Conditions. FINDINGS OF FACT 1. The Applicant is a duly organized and existing Massachusetts limited liability company having a business address c/o Procopio Companies, 35 Village Road, Suite 702, Middleton, Massachusetts 01949. 2. The Applicant is the owner and developer of property located at 339 Boston Post Road East, Marlborough, Massachusetts, as shown on Marlborough Assessors Map 73, Parcels 24, 27 and 28 (the “Site”). 3. On September 12, 2022, the City Council of the City of Marlborough voted to grant a special permit authorizing the Applicant’s predecessor to build and operate an 140-unit multifamily dwelling residential project at the Site in accordance with Article V, § 650-17 and § 650-18(4) of the Zoning Ordinance of the City of Marlborough (the “Zoning Ordinance”), as further described in a document recorded at the Middlesex South District Registry of Deeds in Book 82825, Page 219 (Order No. 21/22-1007995T) (the “Original Special Permit”). 4. The Site is located partially within the Business Zoning District with frontage on Boston Post Road East (Route 20) and partially within the Residence A-2 Zoning District. All buildings will be located within the Business Zoning District. 5. The overall Site has an area of 25.7 +/- acres as shown in the plans referenced in the Original Special Permit. IN CITY COUNCIL 9 APRIL 28, 2025 6. On January 23, 2025, the Applicant filed with the City Clerk of the City of Marlborough an application to modify Condition No. 8(c) of the Original Special Permit under the provisions of M.G.L. c. 40A, § 9 and the Marlborough Zoning Ordinance (the “Application”). Condition No. 8(c) of the Original Special Permit required, among other things, the Applicant to coordinate with MassDOT and the Engineering Division of the Department of Public Works to make the following traffic calming improvements in the vicinity of the Site: (i) A radar speed sign on the southern side of Route 20 to the west of Victoria Lane; (ii) A radar speed sign on the northern side of Route 20 to the east of Village Drive; (iii) Rectangular rapid flashing beacons at the proposed crosswalks over Route 20 in the vicinity of the Site. 7. In connection with the Application, the Applicant submitted a certified list of abutters and filing fees. 8. 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. 9. Pursuant to the Rules and Regulations of the City Council for the City of Marlborough 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 for the City of Marlborough caused notice of the same to be advertised and determined that notice of the same was provided to abutters entitled thereto in accordance with applicable regulations and law. 10. The Marlborough City Council, pursuant to Massachusetts General Laws Chapter 40A, opened a public hearing on the Application on Monday, February 24, 2025. The public hearing was held at the Marlborough City Hall, 140 Main Street. The hearing was closed on February 24, 2025. 11. The Applicant, through its representatives, presented written testimony in the Application and oral testimony at the public hearing detailing that the Applicant consulted and coordinated with MassDOT and the City’s Engineering Division of the Department of Public Works in accordance with the requirements of Condition No. 8(c) and that the rapid flashing beacons at the proposed crosswalks over Route 20 in the vicinity of the Site had been installed. Further, the Applicant presented evidence that MassDOT would not allow the installation of the requested radar speed signs at either location on Route 20 at this time, which was reflected in a June 28, 2024 email exchange between the City Engineer and MassDOT that was included with the Application. Given that MassDOT will not permit the installation of the radar speed signs referenced in Condition No. 8(c), the Applicant proposed to make a $25,000 payment to the City to fund the City’s future installation of speed signs on the southern and northern sides of Route 20 (in the event MassDOT approves the speed signs in the future) or for other transportation safety improvements in the vicinity of the Site. 12. At the public hearing, no members of the public spoke in favor of the requested amendment to the Original Special Permit and no members of the public spoke in opposition to the requested amendment to the Original Special Permit. The Procedural Findings of Fact specified above supplement those made in the Original Special Permit, which are expressly incorporated in this Decision by reference. IN CITY COUNCIL 10 APRIL 28, 2025 BASED ON THE ABOVE, THE CITY COUNCIL MAKES THE FOLLOWING FINDINGS AND TAKES THE FOLLOWING ACTIONS A. The Applicant has complied with all Rules and Regulations promulgated by the Marlborough City Council as they pertain to special permit applications. B. The City Council finds that the proposed modifications are appropriate for the Site and are in harmony with the general purpose and intent of the Zoning Ordinance of the City of Marlborough when subject to the appropriate terms and conditions as provided in this Decision and in the Original Special Permit, as modified herein. The City Council makes these findings subject to the completion and adherence by the Applicant, its successors and/or assigns to the conditions more fully set forth in this Decision and in the Original Special Permit. C. The City Council, pursuant to its authority under Massachusetts General Laws Chapter 40A and the Zoning Ordinance of the City of Marlborough hereby GRANTS the Applicant an amendment to delete Condition No. 8(c) of the Original Special Permit in its entirety and inserting in its place the following Condition No. 8(c): 8(c) In addition to the planned improvements to Route 20, the Applicant shall, in coordination with MassDOT and the Engineering Division of the Department of Public Works, make the following traffic calming improvements in the vicinity of the Site: Rectangular rapid flashing beacons at the proposed crosswalks over Route 20 in the vicinity of the Site. In lieu of the previously required radar speed sign on the southern side of Route 20 to the west of Victoria Lane and a radar speed sign on the northern side of Route 20 to the east of Village Drive, within thirty (30) days of the expiration of the appeal period applicable to the Decision on an Amendment to Special Permit (Order No. 25-1009354), the Applicant, its successors and/or assigns shall provide a payment to the City in the amount of $25,000 to be used by the City Council or its designee for the future installation of the radar speed signs by the City (if MassDOT approves such installation in the future) or for other transportation safety improvements in the vicinity of the Site. Said payment shall be deposited into the McGee Farm Mitigation Stabilization Account (City Acct #83600-32728). All other conditions of the Original Special Permit shall continue in full force and effect and are incorporated by reference as part of this Decision. In accordance with the provisions of Massachusetts General Laws Chapter 40A, Section 11, the Applicant, its successors and/or assigns, at its expense shall record this Decision on Special Permit Amendment in the Middlesex South Registry of Deeds after the City Clerk has certified that the twenty-day period for appealing this Special Permit Amendment has elapsed with no appeal having been filed. Upon recording, the Applicant shall forthwith provide a copy of the recorded Special Permit Amendment to the City Council’s office, the Building Department, and the City Solicitor’s office. Yea: 9 – Nay: 0 Absent: 1 Yea: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Navin, Ossing & Robey. Absent: Oram. 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 8:40 PM; adopted.