October 5, 2020

“ORDERED: That the Communication from City Solicitor Jason Grossfield, re: Proposed Salary Ordinance Amendment for the position of Director of Civil Defense, Order No. 20-1008056A, REPORTS OF COMMITTEE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..”

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“ORDERED: That the Communication from Attorney Brian Falk on behalf of WP Marlborough MA Owner, LLC (Waypoint Residential), re: Request to Extend Time Limitations to January 20, 2021 at 10:00 PM, on the Application for Special Permit to build a multifamily residential project in the Business District to be known as Walcott Heritage Farms, consisting of 188 units in 4 buildings at 339 Boston Post Road East (McGee Farm), APPROVED; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..”

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“ORDERED: That the Appointment of Sean Divoll as DPW Commissioner for a five-year term, and pursuant to Chapter 125 §10 of the Code, the Mayor is authorized to start him at step two ($127,473.75) of the salary schedule, APPROVED; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..”

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“ORDERED LICENSE TO ENCROACH That this License to Encroach, subject to Site Plan Approval, to the record owner of 270-276 Main Street, Marlborough, Massachusetts (the “Licensee”), identified as Map 69, Lot 218 of the City’s Assessor’s Maps, is hereby authorized, to: encroach on and occupy, to the extent applicable, a portion of the layout of Main Street, for the purpose of constructing handicap access ramps at Licensee’s sole cost and expense, as shown on a sketch to be attached hereto and made a part hereof. The design and construction of said handicap access ramps shall conform to the applicable provisions of the requirements of the Architectural Access Board of the Commonwealth of Massachusetts, the Americans with Disabilities Act, the City of Marlborough Building and Inspectional Departments and the City of Marlborough Public Works Department. The Licensee, its heirs and assigns, by the construction of said access ramps, hereby agrees to indemnify and save harmless the City of Marlborough, Massachusetts, and its officials, employees, agents, and representatives from any and all injury, loss or damage of whatever nature occurring upon or about said access ramps and/or the real property of the City hereinbefore described, no matter how caused, including but not limited to, all costs, expense and liabilities, including reasonable attorney’s fees, incurred in connection with any injury, loss or damage or any claim or proceeding brought thereon or defense thereof. Licensee shall not cause any lien to be placed on any portion of the City’s property. The obligations in this paragraph shall survive termination of this License. Licensee shall provide the City with a certificate of insurance evidencing its maintenance of public liability and property damage insurance in sum of One Million Dollars each, naming the City of Marlborough as an additional insured on said policies. Failure to comply with the above requirements shall cause this License to terminate at the sole discretion of the City, and Licensee shall remove all encroachments at its sole cost. Licensee shall, within thirty (30) days of receipt of this License, record same at Licensee’s expense. Attach: Sketch Plan APPROVED; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..”

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“ORDERED That the Transfer Request in the amount of $569,190.00 which moves funds from Undesignated Fund to various Capital Outlay accounts to fund Capital Improvement projects, APPROVED; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..”

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“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 BY AMENDING CHAPTER 125, ENTITLED “PERSONNEL,” AS FOLLOWS: I. By adding to the salary schedule referenced in Section 125-6, the following: Position Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Start 6 months 1 year 2 years 3 years 4 years 5 years of service of service of service of service of service of service Comptroller - $130,531.79 $133,142.43 $135,805.27 $138,521.38 $141,291.81 $144,117.64 $147,000.00 Treasurer II. This ordinance shall supersede and replace any existing rate for said position (if applicable) in the current salary schedule. The mayor is authorized to waive a maximum of two (2) steps on the salary schedule for this position, subject to available appropriation. III. The effective date of this amendment shall be September 28, 2020; adopted. Suspend First Reading; Adopt Second Reading; APPROVED. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..”

Read it in the official minutes, page 12 (PDF)

“Passage to Enroll; APPROVED. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..”

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“Passage to Ordain; APPROVED. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..”

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“Motion by Councilor Irish to amend the Salary Ordinance for the Director of Civil Defense to reflect the effective date of September 28, 2020. APPROVED; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..” (Motion: Irish)

Read it in the official minutes, page 13 (PDF)

“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, entitled “Personnel”, by adding to the salary schedule referenced in Section 125-6, the following: Step Step Position Effective Date Minimum 1 2 Maximum Director of Civil Defense September 28, 2020 $15,000.00* * During a declared state of emergency by the governor of the Commonwealth, in addition to the above annual salary rate, an hourly rate of pay of $60.00 per hour may be authorized by the Mayor, subject to: (1) said hourly rate being at least 75% reimbursable to the city by the federal or state government, (2) available appropriation; and (3) approval of the Mayor as to duties and hours to be performed. II. This ordinance shall supersede and replace any existing rate for said position (if applicable) in the current salary schedule. III. The effective date of this amendment shall be September 28, 2020. Suspend First Reading; Adopt Second Reading; APPROVED. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..”

Read it in the official minutes, page 13 (PDF)

“Passage to Enroll; APPROVED. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..”

Read it in the official minutes, page 13 (PDF)

“Passage to Ordain; APPROVED. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..”

Read it in the official minutes, page 13 (PDF)

“ORDERED That the Proposed Job Description as updated (attached hereto) for the Director of Civil Defense position as submitted by the Mayor, APPROVED; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..”

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“ORDERED That a petition to the General Court, accompanied by a bill for a special law relating to the City of Marlborough to be filed with an attested copy of this order, be, and hereby is, approved under Clause (1) of Section 8 of Article 2, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that legislation be adopted precisely as follows, except for clerical or editorial changes of form only: AN ACT AMENDING AN ACT AUTHORIZING THE CITY OF MARLBOROUGH TO GRANT AN ADDITIONAL LICENSE FOR THE SALE OF ALCOHOLIC BEVERAGES NOT TO BE DRUNK ON THE PREMISES. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: SECTION 1. Section 1(d) of chapter 306 of the acts of 2018 is hereby amended by striking out the words “2 years” and inserting in place thereof the following words: - “3 years”. SECTION 2. This act shall take effect upon its passage. APPROVED; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..”

Read it in the official minutes, page 14 (PDF)