← Marlborough City Council

Marlborough City Council · 2020–2021 Council · Regular meeting

May 24, 2021

29 recorded votes, 7 with disagreement.

Sources: Official minutes (PDF) · City meeting page

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Attendance

Note on these minutes: Mark A. Oram and Kathleen D. Robey took part remotely (under the Governor’s emergency order, every vote was taken by roll call).

Present: Mark A. Oram, Michael H. Ossing, Samantha Perlman, Kathleen D. Robey, Laura J. Wagner, David Doucette, Christian Dumais, Robert J. Tunnera, John J. Irish, Sean A. Navin, Donald R. Landers

Absent: None

During the meeting:

  • Christian Dumais recused from the vote on: Approve: Application for Renewal of Junk Dealer/Secondhand Dealer License, Gerald Dumais, d/b/a Dumais &.

Every vote, in order

Accept and file: Minutes of the City Council meeting, May 10, 2021

Minutes, page 1

ProceduralPassed · Unanimous, 11 present

Motion by Councilor Tunnera, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, May 10, 2021, FILE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey.

From the minutes

“Motion by Councilor Tunnera, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, May 10, 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)

Close the public hearing: Petition from Massachusetts Electric, to install 280’ of 4-5” conduit from manhole #10 to pole #93 on Donald Lynch...

Minutes, page 1

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the PUBLIC HEARING on the Petition from Massachusetts Electric, to install 280’ of 4-5” conduit from manhole #10 to pole #93 on Donald Lynch Boulevard near Bigelow Street, Order No. 21-1008292, all were heard who wish to be heard, hearing closed at 8:21 PM, adopted.

The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.

From the minutes

“ORDERED: That the PUBLIC HEARING on the Petition from Massachusetts Electric, to install 280’ of 4-5” conduit from manhole #10 to pole #93 on Donald Lynch Boulevard near Bigelow Street, Order No. 21-1008292, all were heard who wish to be heard, hearing closed at 8:21 PM, adopted..”

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

Close the public hearing: Proposed Rezoning of land at 290 Hudson Street, identified as Map 43, Parcel 38 from Limited Industrial to Residence A-3

Minutes, page 2

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the PUBLIC HEARING on the Proposed Rezoning of land at 290 Hudson Street, identified as Map 43, Parcel 38 from Limited Industrial to Residence A-3, Order No. 21-1008266, all were heard who wish to be heard, hearing closed at 8:26 PM, adopted.

The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.

From the minutes

“ORDERED: That the PUBLIC HEARING on the Proposed Rezoning of land at 290 Hudson Street, identified as Map 43, Parcel 38 from Limited Industrial to Residence A-3, Order No. 21-1008266, all were heard who wish to be heard, hearing closed at 8:26 PM, adopted..”

Read it in the official minutes, page 2 (PDF)

Close the public hearing: Proposed FY 2022 Budget in the amount of $173,983,364.00 which represents a level funded budget compared to the FY 2021...

Minutes, page 2

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the PUBLIC HEARING on the Proposed FY 2022 Budget in the amount of $173,983,364.00 which represents a level funded budget compared to the FY 2021 appropriation as presented by Mayor Vigeant, Order No. 21-1008291, all were heard who wish to be heard, hearing closed at 8:28 PM, adopted.

The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.

From the minutes

“ORDERED: That the PUBLIC HEARING on the Proposed FY 2022 Budget in the amount of $173,983,364.00 which represents a level funded budget compared to the FY 2021 appropriation as presented by Mayor Vigeant, Order No. 21-1008291, all were heard who wish to be heard, hearing closed at 8:28 PM, adopted..”

Read it in the official minutes, page 2 (PDF)

Close the public hearing: Proposed Zoning Amendment to Chapter 650 to add a new §61 “Temporary Moratorium for Multi-Family Housing Projects” for...

Minutes, page 2

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the PUBLIC HEARING on the Proposed Zoning Amendment to Chapter 650 to add a new §61 “Temporary Moratorium for Multi-Family Housing Projects” for 90- days, Order No. 21-1008274, all were heard who wish to be heard, hearing closed at 8:36 PM, adopted.

The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.

From the minutes

“ORDERED: That the PUBLIC HEARING on the Proposed Zoning Amendment to Chapter 650 to add a new §61 “Temporary Moratorium for Multi-Family Housing Projects” for 90- days, Order No. 21-1008274, all were heard who wish to be heard, hearing closed at 8:36 PM, adopted..”

Read it in the official minutes, page 2 (PDF)

Close the public hearing: Application for Modification of Special Permit from Mina Property Group, LLC, to condition #20 (Signage) to allow for...

Minutes, page 2

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the PUBLIC HEARING on the Application for Modification of Special Permit from Mina Property Group, LLC, to condition #20 (Signage) to allow for increased signage at 408 Maple Street, Order No. 17/21-1006800I, all were heard who wish to be heard, hearing closed at 8:41 PM, adopted.

The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.

From the minutes

“ORDERED: That the PUBLIC HEARING on the Application for Modification of Special Permit from Mina Property Group, LLC, to condition #20 (Signage) to allow for increased signage at 408 Maple Street, Order No. 17/21-1006800I, all were heard who wish to be heard, hearing closed at 8:41 PM, adopted..”

Read it in the official minutes, page 2 (PDF)

Refer to the Finance Committee and Advertise: Proposed Ordinance Amendment to Chapter 67 “Finance”, §26.1 “Departmental Revolving Funds”...

Minutes, page 2

ProceduralPassed · Unanimous, 11 present

Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the That the Proposed Ordinance Amendment to Chapter 67 “Finance”, §26.1 “Departmental Revolving Funds” to establish a Water and Sewer Revolving Fund and to amend the spending purposes for the Public Safety Revolving Fund, referred to FINANCE COMMITTEE AND ADVERTISE; 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 AS FOLLOWS: I. By amending Chapter 67, Article V, Section 67-26.1, entitled “Departmental Revolving Funds.”, by inserting a new Section 67-26.1(E)(4) to read as follows: 4 Water and Sewer Revolving Fund a. Fund Name. There shall be a separate fund called the Water and Sewer Revolving Fund for the use of the Department of Public Works. b. Revenues. The City Auditor shall establish the Water and Sewer Revolving Fund as a separate account and credit to the fund all entrance fees paid for the purpose of connecting buildings to the municipal water and sewer systems. c. Purposes and Expenditures. During each fiscal year, the Commissioner of Public Works may incur liabilities against, and spend monies from, the Water and Sewer Revolving Fund for the purposes of infrastructure projects associated with the demand of all new development on the water and sewer systems. d. Reports. The Commissioner of Public Works shall prepare a year-end report identifying funds received, funds expended...

From the minutes

“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the That the Proposed Ordinance Amendment to Chapter 67 “Finance”, §26.1 “Departmental Revolving Funds” to establish a Water and Sewer Revolving Fund and to amend the spending purposes for the Public Safety Revolving Fund, referred to FINANCE COMMITTEE AND ADVERTISE; 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 AS FOLLOWS: I. By amending Chapter 67, Article V, Section 67-26.1, entitled “Departmental Revolving Funds.”, by inserting a new Section 67-26.1(E)(4) to read as follows: 4 Water and Sewer Revolving Fund a. Fund Name. There shall be a separate fund called the Water and Sewer Revolving Fund for the use of the Department of Public Works. b. Revenues. The City Auditor shall establish the Water and Sewer Revolving Fund as a separate account and credit to the fund all entrance fees paid for the purpose of connecting buildings to the municipal water and sewer systems. c. Purposes and Expenditures. During each fiscal year, the Commissioner of Public Works may incur liabilities against, and spend monies from, the Water and Sewer Revolving Fund for the purposes of infrastructure projects associated with the demand of all new development on the water and sewer systems. d. Reports. The Commissioner of Public Works shall prepare a year-end report identifying funds received, funds expended, a description of expenditures, and the year-end balances. e. Fiscal Years. The Water and Sewer Revolving Fund shall operate for fiscal years that begin on or after July 1, 2021. II. By amending Chapter 67, Article V, Section 67-26.1, entitled “Departmental Revolving Funds.”, by amending Section 67-26.1(E)(3)(c) to read as follows: c. Purposes and expenditures. During each fiscal year, the Mayor may incur liabilities against, and spend monies from, the Public Safety Revolving Fund for the purposes of public safety related expenses. 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 2 (PDF)

Refer to the Finance Committee: Revolving Fund Spending Limits for the Public Safety Revolving Fund, the Parks and Recreation Revolving Fund, the...

Minutes, page 3

ProceduralPassed · Unanimous, 11 present

Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Revolving Fund Spending Limits for the Public Safety Revolving Fund, the Parks and Recreation Revolving Fund, the Council on Aging Revolving Fund and the proposed Water and Sewer Revolving Fund for FY 2022, referred to FINANCE COMMITTEE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey.

From the minutes

“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Revolving Fund Spending Limits for the Public Safety Revolving Fund, the Parks and Recreation Revolving Fund, the Council on Aging Revolving Fund and the proposed Water and Sewer Revolving Fund for FY 2022, referred to FINANCE COMMITTEE; 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 3 (PDF)

Refer to the Finance Committee: Transfer Requests from the Department of Public Works ($2,356,437.77) and Auditor ($55,475.00) totaling...

Minutes, page 4

ProceduralPassed · Unanimous, 11 present

Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the That the Transfer Requests from the Department of Public Works ($2,356,437.77) and Auditor ($55,475.00) totaling $2,411,912.77 to fund various accounts for the remainder of FY 21 as outlined in the transfer sheets, referred to FINANCE COMMITTEE; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Various FISCAL YEAR: 2021 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $82,282.19 $475.00 15430006 57710 Veterans Benefits $475.00 15430001 50080 Veterans Director $7,213.51 Reason: Benefits running lower than expected Reason: To fund step increase at higher salary ordinance $5,000.00 $5,000.00 11210004 53080 Audit Services $55,000.00 11940006 57410 Property Liability Ins $1,587.04 Reason: Audit complete Reason: To fund additional insurance for Library move $37,745.62 $33,000.00 11330002 50520 Principal Clerk Reason: Position filled end of March Reason: $4,203.23 $4,203.23 11330002 50588 Part Time Mail Clerk Reason: Vacant position Reason: $97,500.00 $12,796.77 11330006 57850 Bond Expense Reason: Bond expenses down from previous years Reason: $55,475.00 Total $55,475.00 Total CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Mayor FISCAL YEAR: 2021 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description...

From the minutes

“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the That the Transfer Requests from the Department of Public Works ($2,356,437.77) and Auditor ($55,475.00) totaling $2,411,912.77 to fund various accounts for the remainder of FY 21 as outlined in the transfer sheets, referred to FINANCE COMMITTEE; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Various FISCAL YEAR: 2021 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $82,282.19 $475.00 15430006 57710 Veterans Benefits $475.00 15430001 50080 Veterans Director $7,213.51 Reason: Benefits running lower than expected Reason: To fund step increase at higher salary ordinance $5,000.00 $5,000.00 11210004 53080 Audit Services $55,000.00 11940006 57410 Property Liability Ins $1,587.04 Reason: Audit complete Reason: To fund additional insurance for Library move $37,745.62 $33,000.00 11330002 50520 Principal Clerk Reason: Position filled end of March Reason: $4,203.23 $4,203.23 11330002 50588 Part Time Mail Clerk Reason: Vacant position Reason: $97,500.00 $12,796.77 11330006 57850 Bond Expense Reason: Bond expenses down from previous years Reason: $55,475.00 Total $55,475.00 Total CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Mayor FISCAL YEAR: 2021 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $4,059,007.44 $38,500.00 10000 35900 Undesignated Fund $38,500.00 83600 32918 Stabilization-Open Space $629,483.26 Reason: To transfer annual wireless antennae payments received by the City in fiscal year 2020 to Open Space Stabilization $38,500.00 Total $38,500.00 Total CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: 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 $732,937.77 $732,937.77 27000099 48470 Insurance Proceeds over 150K $732,937.77 19300006 58255 Capital Outlay-Compost Bldg $0.00 Reason: Insurance Claims Insurance proceeds for Compost Building damage $732,937.77 Total $732,937.77 Total Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $4,059,007.44 $1,042,000.00 10000 35900 Undesignated Fund $227,216.00 14001203 51390 Overtime-Snow & Ice -$227,215.36 Reason: To fund the snow & ice deficit for FY21 $342,402.00 14001206 52960 Snow Removal -$342,401.79 Reason: $472,382.00 14001206 57040 Operating Expenses -$471,386.56 $1,042,000.00 Total $1,042,000.00 Total 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 4 (PDF)

Amendment: Flat Wall Signs requested by Mobil, 656 Boston Post Road East, be required to have the sign lighting be turned off outside of...

Minutes, page 5

ApproveFailed · 2–9

Motion by Councilor Doucette, seconded by Councilor Oram to adopt the following amendment: That the Flat Wall Signs requested by Mobil, 656 Boston Post Road East, be required to have the sign lighting be turned off outside of business hours – DENIED. Yea: 2 – Nay: 9 Yea: Doucette & Oram. Nay: Wagner, Dumais, Tunnera, Irish, Navin, Landers, Ossing, Perlman, & Robey.

Yes: Doucette, OramNo: Dumais, Irish, Landers, Navin, Ossing, Perlman, Robey, Tunnera, Wagner

From the minutes

“Motion by Councilor Doucette, seconded by Councilor Oram to adopt the following amendment: That the Flat Wall Signs requested by Mobil, 656 Boston Post Road East, be required to have the sign lighting be turned off outside of business hours – DENIED. Yea: 2 – Nay: 9 Yea: Doucette & Oram. Nay: Wagner, Dumais, Tunnera, Irish, Navin, Landers, Ossing, Perlman, & Robey..” (Motion: Doucette, second: Oram)

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

Approve: Request for Approval of two Flat-Wall Signs (replacements), Mobil, 656 Boston Post Road East, within the Wayside District

Minutes, page 5

Adopt orderPassed · Unanimous, 11 present

Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Request for Approval of two Flat-Wall Signs (replacements), Mobil, 656 Boston Post Road East, within the Wayside District, APPROVED; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey.

From the minutes

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Request for Approval of two Flat-Wall Signs (replacements), Mobil, 656 Boston Post Road East, within the Wayside District, APPROVED; 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 5 (PDF)

Refer to the Urban Affairs Committee & Advertise: Set MONDAY, JUNE 21, 2021 as DATE FOR PUBLIC HEARING, on the Application for Special Permit from...

Minutes, page 6

ProceduralPassed · Unanimous, 11 present

Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY, JUNE 21, 2021 as DATE FOR PUBLIC HEARING, on the Application for Special Permit from Attorney Michael Brangwynne, on behalf of Raising Cane’s Restaurants, LLC, to construct and operate a restaurant with two drive-thru service lanes on the site at, 141 Boston Post Road West, referred to URBAN AFFAIRS COMMITTEE & ADVERTISE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey.

From the minutes

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY, JUNE 21, 2021 as DATE FOR PUBLIC HEARING, on the Application for Special Permit from Attorney Michael Brangwynne, on behalf of Raising Cane’s Restaurants, LLC, to construct and operate a restaurant with two drive-thru service lanes on the site at, 141 Boston Post Road West, referred to URBAN AFFAIRS COMMITTEE & ADVERTISE; 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 6 (PDF)

Accept and file: Communication from David Balducci, re: Letter of Opposition to the Application for Special Permit of Raising Cane’s Restaurants...

Minutes, page 6

ProceduralPassed · Unanimous, 11 present

Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: Communication from David Balducci, re: Letter of Opposition to the Application for Special Permit of Raising Cane’s Restaurants, LLC to construct and operate a restaurant with two drive-thru service lanes at, 141 Boston Post Road West, FILE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey.

From the minutes

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: Communication from David Balducci, re: Letter of Opposition to the Application for Special Permit of Raising Cane’s Restaurants, LLC to construct and operate a restaurant with two drive-thru service lanes at, 141 Boston Post Road West, FILE; 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 6 (PDF)

Accept and file: Communication from Central MA Mosquito Control Project re: Personnel will be in the community responding to residents’ concerns...

Minutes, page 6

ProceduralPassed · Unanimous, 11 present

Motion by Councilor Oram, seconded by the Chair to adopt the following: ORDERED: That the Communication from Central MA Mosquito Control Project re: Personnel will be in the community responding to residents’ concerns about mosquitos on various dates in June 2021, FILE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey.

From the minutes

“Motion by Councilor Oram, seconded by the Chair to adopt the following: ORDERED: That the Communication from Central MA Mosquito Control Project re: Personnel will be in the community responding to residents’ concerns about mosquitos on various dates in June 2021, FILE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..” (Motion: Oram)

Read it in the official minutes, page 6 (PDF)

Accept and file: Minutes of following Boards, Commissions and Committees

Minutes, page 6

ProceduralPassed · Unanimous, 11 present

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, April 13, 2021 & April 27, 2021. b) Conservation Commission, April 15, 2021. c) Council on Aging Board, March 9, 2021 & April 13, 2021. d) Planning Board, April 5, 2021 & April 26, 2021. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey.

From the minutes

“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, April 13, 2021 & April 27, 2021. b) Conservation Commission, April 15, 2021. c) Council on Aging Board, March 9, 2021 & April 13, 2021. d) Planning Board, April 5, 2021 & April 26, 2021. 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 6 (PDF)

Suspend the rules to allow action on the FY 2022 Budget

Minutes, page 12

ProceduralPassed · Unanimous, 11 present

Motion by Councilor Irish, seconded by the Chair to adopt the following: Suspension of the Rules requested to allow action on the FY 2022 Budget – granted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey.

From the minutes

“Motion by Councilor Irish, seconded by the Chair to adopt the following: Suspension of the Rules requested to allow action on the FY 2022 Budget – granted. 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 12 (PDF)

Approve: FY 2022 Budget as recommended by the Mayor in the amount of $173,983,364.00 which represents a level funded budget compared to the FY...

Minutes, page 12

Adopt orderPassed · Unanimous, 11 present

Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the FY 2022 Budget as recommended by the Mayor in the amount of $173,983,364.00 which represents a level funded budget compared to the FY 2021 appropriation, APPROVED; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey.

From the minutes

“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the FY 2022 Budget as recommended by the Mayor in the amount of $173,983,364.00 which represents a level funded budget compared to the FY 2021 appropriation, 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 12 (PDF)

Suspend the rules to allow action on the Special Permit Application for Calverde Naturals

Minutes, page 12

ProceduralPassed · Unanimous, 11 present

Motion by Councilor Robey, seconded by the Chair to adopt the following: Suspension of the Rules requested to allow action on the Special Permit Application for Calverde Naturals – granted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey.

From the minutes

“Motion by Councilor Robey, seconded by the Chair to adopt the following: Suspension of the Rules requested to allow action on the Special Permit Application for Calverde Naturals – 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 12 (PDF)

Refer to the Legal Department to Be Placed in Proper Legal Form: Application for Special Permit from Cal Verde Naturals, LLC, to operate an Adult...

Minutes, page 12

ProceduralPassed · Unanimous, 11 present

Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Application for Special Permit from Cal Verde Naturals, LLC, to operate an Adult Use Marijuana Retail Establishment, 239 Boston Post Road West, 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.

From the minutes

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Application for Special Permit from Cal Verde Naturals, LLC, to operate an Adult Use Marijuana Retail Establishment, 239 Boston Post Road West, 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 12 (PDF)

Approve: Appointment of Tin Htway as Building Commissioner for a 3-year term from date of Council confirmation

Minutes, page 12

Confirm appointmentPassed · Unanimous, 11 present

Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Appointment of Tin Htway as Building Commissioner for a 3-year term from date of Council confirmation, APPROVED; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey.

From the minutes

“Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Appointment of Tin Htway as Building Commissioner for a 3-year term from date of Council confirmation, APPROVED; adopted. 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 12 (PDF)

Approve: Reappointments to the Conservation Commission of Edward Clancy, Dennis Demers and David Williams for 3-year term respectively to expire...

Minutes, page 12

Confirm appointmentPassed · Unanimous, 11 present

Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Reappointments to the Conservation Commission of Edward Clancy, Dennis Demers and David Williams for 3-year term respectively to expire on April 26, 2024 APPROVED; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey.

From the minutes

“Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Reappointments to the Conservation Commission of Edward Clancy, Dennis Demers and David Williams for 3-year term respectively to expire on April 26, 2024 APPROVED; adopted. 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 12 (PDF)

Approve: Petition from Massachusetts Electric and Verizon New England, to install a new pole #5 and anchor which will allow for the removal of the...

Minutes, page 13

Adopt orderPassed · Unanimous, 11 present

Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Petition from Massachusetts Electric and Verizon New England, to install a new pole #5 and anchor which will allow for the removal of the pole and tree guy wire at 43 Berlin Road, APPROVED; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey.

From the minutes

“Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Petition from Massachusetts Electric and Verizon New England, to install a new pole #5 and anchor which will allow for the removal of the pole and tree guy wire at 43 Berlin Road, APPROVED; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey..” (Motion: Landers)

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

Approve: Application for Renewal of Junk Dealer/Secondhand Dealer License, Antoine Bitar, d/b/a Hannoush Jewelers, 601 Donald J. Lynch Boulevard

Minutes, page 13

Adopt orderPassed · Unanimous, 11 present

Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Application for Renewal of Junk Dealer/Secondhand Dealer License, Antoine Bitar, d/b/a Hannoush Jewelers, 601 Donald J. Lynch Boulevard, APPROVED; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey.

From the minutes

“Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Application for Renewal of Junk Dealer/Secondhand Dealer License, Antoine Bitar, d/b/a Hannoush Jewelers, 601 Donald J. Lynch Boulevard, APPROVED; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey..” (Motion: Landers)

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

Approve with conditions: Application for Renewal of Junk Dealer/Secondhand Dealer License, TVI, Inc., d/b/a Savers, 222A East Main Street

Minutes, page 13

Adopt orderPassed · Unanimous, 11 present

Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That Application for Renewal of Junk Dealer/Secondhand Dealer License, TVI, Inc., d/b/a Savers, 222A East Main Street, APPROVED WITH THE FOLLOWING CONDITIONS AND WAIVERS; adopted. Conditions 1. The license shall not be transferred without prior review and approval of the City Council. 2. The license hereby granted is issued to TVI, Inc. d/b/a Savers only and is applicable only to the 222A East Main Street location. 3. There will be no exterior storage, display or sales of merchandise, other than a recycle trailer, a cloth delivery trailer with items waiting to be processed, and a local trailer from one of Savers' charitable partners delivering merchandise to the store. No more than three such trailers and trucks shall be parked at the loading dock area in the rear of the building at any one time, and no such trailers or trucks shall be parked on any other side of the building at any time. 4. Donations shall take place only during the hours of operation which shall be 9:00 A.M to 9:30 P.M. Monday through Saturday and 10:00 A.M. to 7:00 P.M. on Sundays, and during the month of October from 9:00 A.M. to 10:00 P.M. Monday through Saturday and 10:00 A.M. to 10:00 P.M. on Sundays. 5. No Savers' donation boxes shall be permitted outside of the building. 6. No scrolling or rotating message signs shall be permitted as part of Savers' signage plans. 7. Glue boards shall be installed at locations...

From the minutes

“Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That Application for Renewal of Junk Dealer/Secondhand Dealer License, TVI, Inc., d/b/a Savers, 222A East Main Street, APPROVED WITH THE FOLLOWING CONDITIONS AND WAIVERS; adopted. Conditions 1. The license shall not be transferred without prior review and approval of the City Council. 2. The license hereby granted is issued to TVI, Inc. d/b/a Savers only and is applicable only to the 222A East Main Street location. 3. There will be no exterior storage, display or sales of merchandise, other than a recycle trailer, a cloth delivery trailer with items waiting to be processed, and a local trailer from one of Savers' charitable partners delivering merchandise to the store. No more than three such trailers and trucks shall be parked at the loading dock area in the rear of the building at any one time, and no such trailers or trucks shall be parked on any other side of the building at any time. 4. Donations shall take place only during the hours of operation which shall be 9:00 A.M to 9:30 P.M. Monday through Saturday and 10:00 A.M. to 7:00 P.M. on Sundays, and during the month of October from 9:00 A.M. to 10:00 P.M. Monday through Saturday and 10:00 A.M. to 10:00 P.M. on Sundays. 5. No Savers' donation boxes shall be permitted outside of the building. 6. No scrolling or rotating message signs shall be permitted as part of Savers' signage plans. 7. Glue boards shall be installed at locations within the business premises satisfactory to the Marlborough Board of Health and Savers, and a monthly monitoring program shall be implemented consisting of a log book for said glue boards satisfactory to the Board of Health. 8. This license shall be subject to revocation or suspension for noncompliance of the above conditions or other applicable local ordinances or state laws. 9. The waivers granted as part of this license shall no longer be applicable should Savers commence paying the general public for merchandise delivered without first obtaining the review and approval of the City Council. Waivers 1. The waiver of Section 377-4 of the Ordinance as requested by Savers is not granted because Section 377-4 is not applicable to Savers' operations. 2. The waiver of Section 377-5 of the Ordinance is granted with respect to the last sentence thereof requiring the City Clerk to keep a list of persons employed by Savers. All other provisions of Section 377-5, other than the duty of the City Clerk to keep a record of the name and residence of each dealer, are not applicable to Savers. 3. The provisions of Sections 377-6, 377-7 and 377-9 of the Ordinance are waived in their entirety. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey..” (Motion: Landers)

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

Approve: Application for Renewal of Junk Dealer/Secondhand Dealer License, Gerald Dumais, d/b/a Dumais & Sons Secondhand Store, 65 Mechanic Street

Minutes, page 14

Adopt orderPassed · 10–0

Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Application for Renewal of Junk Dealer/Secondhand Dealer License, Gerald Dumais, d/b/a Dumais & Sons Secondhand Store, 65 Mechanic Street, APPROVED; adopted. Councilor Dumais recused. Yea: 10 – Nay: 0 – Abstain: 1 Yea: Wagner, Doucette, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. Abstain: Dumais.

Yes: Doucette, Irish, Landers, Navin, Oram, Ossing, Perlman, Robey, Tunnera, WagnerChristian Dumais recused (the minutes say so; the roll call lists that councilor under “Abstain”) and is left out of this vote.

From the minutes

“Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Application for Renewal of Junk Dealer/Secondhand Dealer License, Gerald Dumais, d/b/a Dumais & Sons Secondhand Store, 65 Mechanic Street, APPROVED; adopted. Councilor Dumais recused. Yea: 10 – Nay: 0 – Abstain: 1 Yea: Wagner, Doucette, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. Abstain: Dumais..” (Motion: Landers)

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

Approve: Application for Renewal of Junk Dealer/Secondhand Dealer License, Roman Kimyagarov, d/b/a Arthur & Sons Shoe Repair, 107 Main Street

Minutes, page 14

Adopt orderPassed · Unanimous, 11 present

Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Application for Renewal of Junk Dealer/Secondhand Dealer License, Roman Kimyagarov, d/b/a Arthur & Sons Shoe Repair, 107 Main Street, APPROVED; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey.

From the minutes

“Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Application for Renewal of Junk Dealer/Secondhand Dealer License, Roman Kimyagarov, d/b/a Arthur & Sons Shoe Repair, 107 Main Street, APPROVED; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey..” (Motion: Landers)

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

Refer to the it. the information can include Massachusetts case law as well as other...: City Solicitor be invited to attend a future Urban...

Minutes, page 14

ProceduralPassed · Unanimous, 11 present

Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the City Solicitor be invited to attend a future Urban Affairs meeting to provide general information to its members regarding Approval and Denial of Special Permit Applications that may be referred to it. The information can include Massachusetts case law as well as other general information, FILE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey.

From the minutes

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the City Solicitor be invited to attend a future Urban Affairs meeting to provide general information to its members regarding Approval and Denial of Special Permit Applications that may be referred to it. The information can include Massachusetts case law as well as other general information, FILE; 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 14 (PDF)

Approve: Request for Approval of a Flat Wall Sign, Best Value Kitchen & Bath, 796 Boston Post Road East, within the Wayside District

Minutes, page 15

Adopt orderPassed · Unanimous, 11 present

Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Request for Approval of a Flat Wall Sign, Best Value Kitchen & Bath, 796 Boston Post Road East, within the Wayside District, APPROVED; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey.

From the minutes

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Request for Approval of a Flat Wall Sign, Best Value Kitchen & Bath, 796 Boston Post Road East, within the Wayside District, APPROVED; 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)

Adjourn

Minutes, page 15

ProceduralPassed · Unanimous, 11 present

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 9:30 PM; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey.

From the minutes

“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 9:30 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 15 (PDF)

From the Marlborough City Council’s official minutes, posted by the City Clerk in the city’s Agenda Center (City Council). We check every vote against the councilors present and quote the exact wording. MassVoter never grades or scores officials. Councilor photos: Marlborough Patch candidate profiles (photos courtesy of the candidates; cropped by MassVoter). Trey Fuccillo: The Berkeley Beacon (Ashlyn Wang). The city website has no councilor photos. Heather Gould and former councilors show initials.

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