March 22, 2021

“Motion by Councilor Tunnera, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, March 8, 2021, FILE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..” (Motion: Tunnera)

Read it in the official minutes, page 1 (PDF)

“Motion by Councilor Wagner, seconded by the Chair to adopt the following: ORDERED: That the Communication from Ward 1 Councilor Laura Wagner, re: Summary of comments related to Application for Special Permit to be known as Walcott Heritage Farms, 339 Boston Post Road East (McGee Farm) from March 8, 2021 City Council meeting, FILE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..” (Motion: Wagner)

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“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $158,128.90 for the Department of Public Works as requested by Commissioner Divoll, referred to the FINANCE COMMITTEE; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Department of Public Works/Public Facilities FISCAL YEAR: 2021 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $45,768 $21,963.00 11990006 57820 Reserve for Salaries $34,106.04 60081003 51920 Sick Leave Buy Back $0.00 Reason: Salary reserve Superannuation retirement $178,528 $12,143.04 14001101 50710 Junior Civil Engineer Reason: Excess due to vacancy $178,528 $52,022.86 14001101 50710 Junior Civil Engineer $20,022.86 60081001 50910 Head Treatment Plant Op $21,100.54 Reason: Excess due to vacancy Due to retirement $25,000.00 14001506 54640 Park Maintenance $47,587.00 Park maintenance projects $7,000.00 60085003 51310 Overtime $154.00 To cover scheduled weekend maintenance overtime $86,128.90 Total $86,128.90 Total CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Department of Public Works/Public Facilities FISCAL YEAR: 2021 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $178,528 $36,306.00 14001101 50710 Junior Civil Engineer $50,000.00 60080004 53110 Legal Services $5,022.00 Reason: Excess due to vacancy Due to upcoming legal expenses $349,200 $13,694.00 14001303 50740 Equipment Operators Reason: Excess due to vacancy $36,751 $22,000.00 60080001 50580 Assistant Chemist $22,000.00 60080006 55660 Pumping Station Maint $4,691.00 Reason: Excess to prior vacancy For chemicals and maintenance project $72,000.00 Total $72,000.00 Total Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..” (Motion: Irish)

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“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the: Proposed Amendment to Code of the City of Marlborough, Chapter 67 “Finance” §28(E) “Principal Assessor powers and duties” as submitted by the Mayor, referred to the FINANCE COMMITTEE and ORDERED ADVERTISED; adopted. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARLBOROUGH THAT THE CODE OF THE CITY OF MARLBOROUGH, AS AMENDED, BE FURTHER AMENDED BY AMENDING CHAPTER 67, ENTITLED “FINANCE”, AS FOLLOWS: I. By amending Chapter 67 “Finance”, §28 “Principal Assessor; powers and duties,” by amending §28(E) to read as follows: E. The Principal Assessor shall be qualified in accordance with the regulations of the Massachusetts Department of Revenue. The Principal Assessor shall possess a designation from the Massachusetts Association of Assessing Officers (MAAO) or shall obtain such designation within two years of confirmation. A Principal Assessor possessing a reciprocal designation shall obtain a MAAO designation within two years of confirmation. The Principal Assessor shall be responsible for maintaining any designation. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..” (Motion: Irish)

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“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Proposed Job Description as updated for Principal Assessor position as submitted by the Mayor, referred to FINANCE COMMITTEE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..” (Motion: Irish)

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“Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the: Proposed Amendment to Code of the City of Marlborough, Chapter 19 “Boards and Commissions” Article VI “Youth Commission” § 43 to §51 as submitted by the Mayor referred to the PERSONNEL COMMITTEE; adopted. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARLBOROUGH THAT THE CODE OF THE CITY OF MARLBOROUGH, AS AMENDED, BE FURTHER AMENDED BY AMENDING CHAPTER 19, ENTITLED “BOARDS AND COMMISSIONS”, AS FOLLOWS: §19-43 Commission established; powers and duties. A. In accordance with the General Laws of the Commonwealth and the Charter of the City, a Youth Commission is hereby established. B. The Youth Commission shall have all the powers and duties now or from time to time vested by the General Laws or Special Acts of the Legislature of the Commonwealth and the ordinances of the City. §19-44 Appointments; terms of office. A. The Youth Commission shall consist of seven up to five members; said members shall be appointed by the Mayor, subject to confirmation by the City Council. Said subsequent appointments shall be for a term of three years from the time of their appointment or until their successors are qualified. The Mayor shall initially appoint in staggered terms two members for one year, two members for two years, three members for three years, and annually thereafter the Mayor shall appoint said members for three-year terms. B. The Mayor shall designate the Chairman of said Commission to serve as Chairman for a two-year period. Said appointment shall be made the first Monday in April. §19-45 Purpose; report. A. The purpose of the Marlborough Youth Commission is to enhance the quality of life for City youth through: (1) An ongoing assessment of needs. (2) Evaluation of programs provided by the City, private sector and nonprofit organizations; (3) Recommendations to service providers regarding changes in programming designed to better meet the needs of the community; and (4) A periodic compilation of available services designed to increase utilization of such services. B. The Commission shall issue a report to the Mayor by March 1 of each year, detailing its findings and recommendations. §19-46 Duties, responsibilities and objectives. A. Duties and responsibilities include new programs, coordination of existing efforts and increasing community awareness through youth organizations, the business community, schools, religious groups, City government, existing human services agencies and others representing all sectors of our culturally diverse community, whether City, state, federal or private, profit or nonprofit groups. B. Program objectives are to: (1) Establish and implement programs and/or services which shall address the opportunities, challenges and problems of our youth. (2) Provide an ongoing assessment of our youth's needs within the community, provided a particular need has not already been addressed and/or implemented by an existing private or municipal agency or organization. (3) Index programs available to our youth and encourage maximum utilization of programs and services through publicity and other means of dissemination of information. (4) Identify gaps in programming, and research funding under federal, state and private grants and foundations. (5) Develop a Youth Advisory Council that will be represented on the Youth Commission. (6) In conjunction with the School Department, implement the Community Service Youth Corps Program. §19-47 Rules and regulations. The Commission shall have power to organize and conduct its business under such rules and regulations as it may deem proper, provided that the same are not inconsistent with the laws of the commonwealth or the Charter and ordinances of the City. It may adopt all reasonable regulations regarding the use of the land and buildings under its permanent or temporary control. A. Removal of members: Any member of the Commission may be removed by the Mayor and City Council for cause, stated in writing, after a hearing and vote of the City Council. B. Vacancies: All vacancies in the Youth Commission caused by death, resignation or otherwise shall be filled by the Mayor in the manner provided for an original appointment, and the person appointed shall hold office for the residue of the unexpired term. C. Compensation: Such Commissioners shall serve without compensation. §19-48 Service from other City departments. The various departments of the City shall render such service to the Commission as they may be required to perform by the City Council from time to time. §19-49 Annual appropriation; expenditures. A separate appropriation shall be made annually by the Mayor and City Council for the Youth Commission, which appropriation may be expended in the conduct of the aforesaid purposes. §19-50 Annual report. The Youth Commission shall, at least once a year, render a report of its administration to the City Council and Mayor shall render such further reports as may be required of it by the City Council from time to time. It shall annually prepare a statement of suggestions to the Mayor and transmit to him an estimate of the amount of money needed to conduct said Commission's duties for the ensuing year. §19-51 Clerk; meetings. Such Commission shall meet immediately after its appointment and confirmation and elect one of their members, who shall act as Clerk and who shall keep a record of its proceedings; in each year thereafter such Commission shall meet annually in the month of February for the election of the Clerk. Such Commission shall vote to Chair shall determine the time and place of other meetings. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..” (Motion: Dumais)

Read it in the official minutes, page 5 (PDF)

“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That Communication from the Mayor, re: OPEB Trust Update, FILE; 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 7 (PDF)

“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: At a regular meeting of the Marlborough City Council held on Monday, MARCH 22, 2021, the following proposed amendment to the Code of the City of Marlborough, be further amended by amending Chapter 125 entitled “PERSONNEL”, §6 entitled “SALARY SCHEDULE” having been read was ORDERED ADVERTISED; adopted. 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: HOURLY DAILY PERIOD ANNUAL STEP/LEVEL RATE RATE SALARY SALARY 00 $18.0000 $144.0000 $720.00 $37,440.00 01 $18.7500 $150.0000 $750.00 $39,000.00 02 $19.5313 $156.2504 $781.25 $40,625.10 03 $20.3451 $162.7608 $813.80 $42,317.81 II. This ordinance shall supersede and replace any existing rate for said position (if applicable) in the current salary schedule. 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 8 (PDF)

“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That Communication from City Solicitor Jason Grossfield, re: Proposed Amendment to Chapter 125 “Personnel” §6 “Salary Schedule” of the Code relative to the proposed new position of Resident Drop-Off Station Attendant, Order No. 21-1008212B, FILE; 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 8 (PDF)

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Code Enforcement Officer Ethan Lippitt, re: Request for Approval of a replacement panel on the Free-Standing Monument Sign, Apex Mini Golf, 21 Apex Drive, within the Hospitality and Recreation Mixed Use Overlay District (HRMUOD), Order No. 16/21-1006443, MOVED TO REPORTS OF COMMITTEE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..” (Motion: Robey)

Read it in the official minutes, page 8 (PDF)

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Code Enforcement Officer Ethan Lippitt, re: Request for Approval of two replacement panels on the Free-Standing Monument Signs, Apex Kids, 21 Apex Drive, within the Hospitality and Recreation Mixed Use Overlay District (HRMUOD), Order No. 16/21-1006443, MOVED TO REPORTS OF COMMITTEE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..” (Motion: Robey)

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“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, February 23, 2021. b) Conservation Commission, February 18, 2021. c) OPEB Trust, March 9, 2021. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..” (Motion: Doucette)

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“Motion by Councilor Doucette, seconded by the Chair to adopt the following: ORDERED: That the following CLAIM, refer to the LEGAL DEPARTMENT; adopted. a) Barbara Barrile, 55 Schofield Drive, residential mailbox claim (2a). b) Jillian Barrile, 41 Schofield Drive, residential mailbox claim (2a). c) Clare Fishman, 175 Maple Street, #306, pothole or other road defect. d) Matthew Hassapes, 40 White Terrace, other property damage and/or personal injury. e) Kevin Kolodziejski, 54 Berlin Road, other property damage and/or personal injury. f) Stephen Storr, 815 Edmands Road, Framingham, pothole or other road defect. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..” (Motion: Doucette)

Read it in the official minutes, page 9 (PDF)

“Motion by Councilor Robey, seconded by the Chair to adopt the following: Suspension of the Rules requested – granted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..” (Motion: Robey)

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

“Motion by Councilor Robey, seconded by the Chair to adopt the following: Suspension of the Rules requested – granted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..” (Motion: Robey)

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

“Motion by Councilor Robey, seconded by the Chair to adopt the following: Suspension of the Rules requested – granted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..” (Motion: Robey)

Read it in the official minutes, page 15 (PDF)

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Application for Sign Special Permit, from Serrato Signs, LLC on behalf of Starbucks (St. Mary’s Credit Union), 133 South Bolton Street, Order No. 21-1008199, referred to the LEGAL DEPARTMENT TO BE PLACED IN PROPER LEGAL FORM; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..” (Motion: Robey)

Read it in the official minutes, page 15 (PDF)

“Motion by Councilor Robey, seconded by the Chair to adopt the following: Suspension of the Rules requested – granted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..” (Motion: Robey)

Read it in the official minutes, page 15 (PDF)

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Application for Special Permit from Attorney Brian Falk, on behalf of Speedy Auto Repair, Inc., to relocate an existing auto body shop from 315 Maple Street to 412-418 Maple Street in the Commercial Automotive Zoning District; with a land area of less than one acre in addition to a preexisting nonconforming structure on the site, Order No. 21-1008162, referred to the LEGAL DEPARTMENT TO BE PLACED IN PROPER LEGAL FORM; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..” (Motion: Robey)

Read it in the official minutes, page 16 (PDF)

“Motion by Councilor Robey, seconded by the Chair to adopt the following: Suspension of the Rules requested – granted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..” (Motion: Robey)

Read it in the official minutes, page 16 (PDF)

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Application for Modification of Special Permit from Todd Wilson, on behalf of Diversified Funding Acquisition LLC/Atlantic Property Management, to add kitchenettes to existing guest rooms for use as an extended stay hotel and the conversion of manager’s residence to a guest room for a total of 65 guest rooms at 880 Donald J. Lynch Boulevard, Order No. 21-1008171, referred to the LEGAL DEPARTMENT TO BE PLACED IN PROPER LEGAL FORM; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..” (Motion: Robey)

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“Motion by Councilor Wagner, seconded by the Chair to adopt the following: ORDERED: That the Human Services Committee hold a public meeting to allow the Marlborough Hospital leadership to present additional details regarding the Mass General Brigham proposed expansion, referred to the HUMAN SERVICES COMMITTEE; adopted. (Submitted by Councilor Wagner) Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..” (Motion: Wagner)

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“Motion by Councilor Tunnera, 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 10:30 PM; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..” (Motion: Tunnera)

Read it in the official minutes, page 21 (PDF)