← Marlborough City Council

Marlborough City Council · 2022–2023 Council · Regular meeting

May 9, 2022

17 recorded votes, 16 with disagreement.

Sources: Official minutes (PDF) · City meeting page

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Attendance

Present: Mark A. Oram, Michael H. Ossing, Samantha Perlman, Kathleen D. Robey, Laura J. Wagner, David Doucette, Teona C. Brown, John J. Irish, Sean A. Navin

Absent: Christian Dumais, Donald R. Landers

Every vote, in order

Accept and file: Minutes of the City Council meeting, April 25, 2022

Minutes, page 1

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, April 25, 2022, FILE; adopted.

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

From the minutes

“Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, April 25, 2022, FILE; adopted..” (Motion: Navin)

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

Accept and file: Communication from Solicitor Jason Grossfield, re: City Council Orders 21/22-1008402A-3 and 21/22-1008402B-4 regarding opinion on...

Minutes, page 2

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Ossing, seconded by the Chair to adopt the following: ORDERED: That the Communication from Solicitor Jason Grossfield, re: City Council Orders 21/22-1008402A-3 and 21/22-1008402B-4 regarding opinion on ambiguity associated with the two (2) Orders and any suggested wording to resolve same, FILE; adopted.

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

From the minutes

“Motion by Councilor Ossing, seconded by the Chair to adopt the following: ORDERED: That the Communication from Solicitor Jason Grossfield, re: City Council Orders 21/22-1008402A-3 and 21/22-1008402B-4 regarding opinion on ambiguity associated with the two (2) Orders and any suggested wording to resolve same, FILE; adopted..” (Motion: Ossing)

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

Approve: Mayor submit a corrected copy of the Order to: • Authorize the City to acquire the property at 100 Locke Drive. • The appropriation from...

Minutes, page 2

Adopt orderPassed · Voice vote, names not recorded

Motion by Councilor Ossing, seconded by the Chair to adopt the following: ORDERED: That the Mayor submit a corrected copy of the Order to: • Authorize the City to acquire the property at 100 Locke Drive. • The appropriation from the Undesignated Fund in the amount of $5,092,666.66 for said acquisition. • Authorize the Mayor to accept the deed for 100 Locke Drive. • The Mayor submit a transfer sheet for $5,092,666.66 from the Undesignated Fund to the Land acquisition account. • The Mayor submit a transfer of $1,422,500.00 from Undesignated Fund to the now approved West Side Fire Station Stabilization account. • The revised Order and two transfers to appear on the May 23, 2022, City Council agenda. • The City Council will postpone the votes on the Mayor vetoes of Orders 21/22- 1008402A & B to May 23, 2022. This motion accomplishes the following: • Addresses the Mayor’s concern regarding ambiguity in the order by submitting a revised order addressing the ambiguities and the source of the transfer • Corrects the transfer sheet for the land acquisition to align with the revised order • Submits a transfer from Undesignated Funds in the amount of $1,422,500 into the now approved West Side Fire Station Stabilization account • City Council will uphold the Mayor’s vetoes of Orders 21/22-1008402A & B • Aligns the Mayor and the City Council on the goal of moving forward on the West Side Fire Station in a collaborative manner APPROVED; adopted.

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

From the minutes

“Motion by Councilor Ossing, seconded by the Chair to adopt the following: ORDERED: That the Mayor submit a corrected copy of the Order to: • Authorize the City to acquire the property at 100 Locke Drive. • The appropriation from the Undesignated Fund in the amount of $5,092,666.66 for said acquisition. • Authorize the Mayor to accept the deed for 100 Locke Drive. • The Mayor submit a transfer sheet for $5,092,666.66 from the Undesignated Fund to the Land acquisition account. • The Mayor submit a transfer of $1,422,500.00 from Undesignated Fund to the now approved West Side Fire Station Stabilization account. • The revised Order and two transfers to appear on the May 23, 2022, City Council agenda. • The City Council will postpone the votes on the Mayor vetoes of Orders 21/22- 1008402A & B to May 23, 2022. This motion accomplishes the following: • Addresses the Mayor’s concern regarding ambiguity in the order by submitting a revised order addressing the ambiguities and the source of the transfer • Corrects the transfer sheet for the land acquisition to align with the revised order • Submits a transfer from Undesignated Funds in the amount of $1,422,500 into the now approved West Side Fire Station Stabilization account • City Council will uphold the Mayor’s vetoes of Orders 21/22-1008402A & B • Aligns the Mayor and the City Council on the goal of moving forward on the West Side Fire Station in a collaborative manner APPROVED; adopted..” (Motion: Ossing)

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

Accept and file: Communication from the Planning Board, re: Favorable Recommendation on the Proposed Zoning Map Amendment for parcels of land...

Minutes, page 3

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That Communication from the Planning Board, re: Favorable Recommendation on the Proposed Zoning Map Amendment for parcels of land located on Jefferson and a small portion of Lincoln Streets, identified as Map 56, Parcels 147, 148, 150, 151, 152, & 153 in addition to Map 56, Parcels 154, 155, 156, 157 & 158, Order No. 21/22-1008475C, FILE; adopted.

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

From the minutes

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That Communication from the Planning Board, re: Favorable Recommendation on the Proposed Zoning Map Amendment for parcels of land located on Jefferson and a small portion of Lincoln Streets, identified as Map 56, Parcels 147, 148, 150, 151, 152, & 153 in addition to Map 56, Parcels 154, 155, 156, 157 & 158, Order No. 21/22-1008475C, FILE; adopted..” (Motion: Robey)

Read it in the official minutes, page 3 (PDF)

Refer to the Public Services Committee: Set MONDAY MAY 23, 2022, as the DATE FOR PUBLIC HEARING, on the Petition from Massachusetts Electric, to...

Minutes, page 3

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY MAY 23, 2022, as the DATE FOR PUBLIC HEARING, on the Petition from Massachusetts Electric, to replace three (3) sections of direct buried cable and replace with new primary cable in conduit on Stone Hill Road, referred to the PUBLIC SERVICES COMMITTEE; 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

“Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY MAY 23, 2022, as the DATE FOR PUBLIC HEARING, on the Petition from Massachusetts Electric, to replace three (3) sections of direct buried cable and replace with new primary cable in conduit on Stone Hill Road, referred to the PUBLIC SERVICES COMMITTEE; adopted..” (Motion: Brown)

Read it in the official minutes, page 3 (PDF)

Refer to the Public Services Committee: Application for Renewal of Junk Dealer/Secondhand Dealer License, Jean Rabelo, d/b/a Post Road Used Auto...

Minutes, page 3

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Application for Renewal of Junk Dealer/Secondhand Dealer License, Jean Rabelo, d/b/a Post Road Used Auto Parts of Marlboro, Inc., 785 Boston Post Road East, referred to the PUBLIC SERVICES COMMITTEE; 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

“Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Application for Renewal of Junk Dealer/Secondhand Dealer License, Jean Rabelo, d/b/a Post Road Used Auto Parts of Marlboro, Inc., 785 Boston Post Road East, referred to the PUBLIC SERVICES COMMITTEE; adopted..” (Motion: Brown)

Read it in the official minutes, page 3 (PDF)

Accept and file: Notice from Attorney Brian Falk on behalf of Alta Marlborough, LLC (Wood Partners), re: Notice of a Balloon Test relative to the...

Minutes, page 3

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Notice from Attorney Brian Falk on behalf of Alta Marlborough, LLC (Wood Partners), re: Notice of a Balloon Test relative to the proposed project at Lincoln and Mechanic Streets to occur on Wednesday, May 18, 2022, at 5:00 PM, FILE; adopted.

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

From the minutes

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Notice from Attorney Brian Falk on behalf of Alta Marlborough, LLC (Wood Partners), re: Notice of a Balloon Test relative to the proposed project at Lincoln and Mechanic Streets to occur on Wednesday, May 18, 2022, at 5:00 PM, FILE; adopted..” (Motion: Robey)

Read it in the official minutes, page 3 (PDF)

Accept and file: Communication from National Grid, re: Notice of potential work relative to their current Vegetation Management Plan

Minutes, page 3

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That Communication from National Grid, re: Notice of potential work relative to their current Vegetation Management Plan, FILE; adopted.

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

From the minutes

“Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That Communication from National Grid, re: Notice of potential work relative to their current Vegetation Management Plan, FILE; adopted..” (Motion: Navin)

Read it in the official minutes, page 3 (PDF)

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

Minutes, page 3

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Doucette, seconded by the Chair to adopt the following: ORDERED: That the Minutes of following Boards, Commissions and Committees, FILE; adopted.

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

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..” (Motion: Doucette)

Read it in the official minutes, page 3 (PDF)

Refer to the Legal Department: Following CLAIMS

Minutes, page 4

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Doucette, seconded by the Chair to adopt the following: ORDERED: That the following CLAIMS, referred to the LEGAL DEPARTMENT; 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

“Motion by Councilor Doucette, seconded by the Chair to adopt the following: ORDERED: That the following CLAIMS, referred to the LEGAL DEPARTMENT; adopted..” (Motion: Doucette)

Read it in the official minutes, page 4 (PDF)

Approve: Transfer Request in the amount of $589,691.00 which moves funds from Economic Development to MEDC to fund the FY23 operations of the...

Minutes, page 7

Adopt orderPassed · Voice vote, names not recorded

Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $589,691.00 which moves funds from Economic Development to MEDC to fund the FY23 operations of the Marlborough Economic Development Corporation (MEDC), APPROVED; adopted.

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

From the minutes

“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $589,691.00 which moves funds from Economic Development to MEDC to fund the FY23 operations of the Marlborough Economic Development Corporation (MEDC), APPROVED; adopted..” (Motion: Irish)

Read it in the official minutes, page 7 (PDF)

Appropriate $500,000 for paying the cost of reconstruction or making extraordinary repairs to the Sligo Hill Water Tank

Minutes, page 7

Adopt orderFailed · 1–8

Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the City of Marlborough, Massachusetts (“the City”) appropriate the amount of $500,000 (five hundred thousand dollars) for the purpose of paying the cost of reconstruction or making extraordinary repairs to the Sligo Hill Water Tank. That to meet this appropriation, the Comptroller/Treasurer, with the approval of the Mayor, is authorized to borrow said amount under and pursuant to M.G.L. Chapter 44, Section 8 (4), as amended and supplemented, or pursuant to any other enabling authority, and to issue bonds or notes of the City therefor; and that the Mayor is authorized to contract for and expend any grants, aid, or gifts available for this project; and that the Mayor is authorized to take any other action necessary or convenient to carry out this project. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with M.G.L. Chapter 44, Section 20, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount. DENIED; adopted. Yea: 1 – Nay: 8 – Absent: 2 Yea: Irish. Nay: Wagner, Doucette, Brown, Navin, Oram, Perlman, Ossing & Robey. Absent: Dumais, Landers.

Yes: IrishNo: Brown, Doucette, Navin, Oram, Ossing, Perlman, Robey, WagnerThe minutes record the item as “DENIED” with 1 in favor and 8 opposed: the motion failed.

From the minutes

“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the City of Marlborough, Massachusetts (“the City”) appropriate the amount of $500,000 (five hundred thousand dollars) for the purpose of paying the cost of reconstruction or making extraordinary repairs to the Sligo Hill Water Tank. That to meet this appropriation, the Comptroller/Treasurer, with the approval of the Mayor, is authorized to borrow said amount under and pursuant to M.G.L. Chapter 44, Section 8 (4), as amended and supplemented, or pursuant to any other enabling authority, and to issue bonds or notes of the City therefor; and that the Mayor is authorized to contract for and expend any grants, aid, or gifts available for this project; and that the Mayor is authorized to take any other action necessary or convenient to carry out this project. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with M.G.L. Chapter 44, Section 20, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount. DENIED; adopted. Yea: 1 – Nay: 8 – Absent: 2 Yea: Irish. Nay: Wagner, Doucette, Brown, Navin, Oram, Perlman, Ossing & Robey. Absent: Dumais, Landers..” (Motion: Irish)

Read it in the official minutes, page 7 (PDF)

Approve: Appropriate $5,175,000.00 for paying the cost of street construction

Minutes, page 8

Adopt orderPassed · Unanimous, 9 present

Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED That the City of Marlborough, Massachusetts (“the City”) appropriate the amount of $5,175,000.00 (five million one hundred seventy-five thousand dollars) for the purpose of paying the cost of street construction. That to meet this appropriation, the Comptroller/Treasurer, with the approval of the Mayor, is authorized to borrow said amount under and pursuant to MGL Chapter 44, Section 7 (1), as amended and supplemented, or pursuant to any other enabling authority, and to issue bonds or notes of the City therefor; and that the Mayor is authorized to contract for and expend any grants, aid, or gifts available for this project; and that the Mayor is authorized to take any other action necessary or convenient to carry out this project. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with MGL Chapter 44, Section 20, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount. APPROVED; adopted. Yea: 9 – Nay: 0 – Absent: 2 Yea: Wagner, Doucette, Brown, Irish, Navin, Oram, Perlman, Ossing & Robey. Absent: Dumais, Landers.

From the minutes

“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED That the City of Marlborough, Massachusetts (“the City”) appropriate the amount of $5,175,000.00 (five million one hundred seventy-five thousand dollars) for the purpose of paying the cost of street construction. That to meet this appropriation, the Comptroller/Treasurer, with the approval of the Mayor, is authorized to borrow said amount under and pursuant to MGL Chapter 44, Section 7 (1), as amended and supplemented, or pursuant to any other enabling authority, and to issue bonds or notes of the City therefor; and that the Mayor is authorized to contract for and expend any grants, aid, or gifts available for this project; and that the Mayor is authorized to take any other action necessary or convenient to carry out this project. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with MGL Chapter 44, Section 20, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount. APPROVED; adopted. Yea: 9 – Nay: 0 – Absent: 2 Yea: Wagner, Doucette, Brown, Irish, Navin, Oram, Perlman, Ossing & Robey. Absent: Dumais, Landers..” (Motion: Irish)

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

Approve: Transfer Request in the amount of $1,448,100.00 which moves funds from Undesignated Fund (Free Cash) to various departments for their...

Minutes, page 8

Adopt orderPassed · Voice vote, names not recorded

Motion by Councilor Ossing, seconded by the Chair to amend the Order by adding language relative to the transfer of funds to the West Side Fire Stabilization Account. ORDERED That the Transfer Request in the amount of $1,448,100.00 which moves funds from Undesignated Fund (Free Cash) to various departments for their Capital Requests as outlined in the transfer sheet, APPROVED, contingent upon the Mayor’s approval of the transfer of the Phase 1 Green District mitigations funds in the amount of $1,422,500.00 from Undesignated Fund into the West Side Fire Stabilization Account; 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

“Motion by Councilor Ossing, seconded by the Chair to amend the Order by adding language relative to the transfer of funds to the West Side Fire Stabilization Account. ORDERED That the Transfer Request in the amount of $1,448,100.00 which moves funds from Undesignated Fund (Free Cash) to various departments for their Capital Requests as outlined in the transfer sheet, APPROVED, contingent upon the Mayor’s approval of the transfer of the Phase 1 Green District mitigations funds in the amount of $1,422,500.00 from Undesignated Fund into the West Side Fire Stabilization Account; adopted..” (Motion: Ossing)

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

Postponed until may 23, 2022, city council meeting: Action on the Mayoral Veto of Council Order 21/22-1008402A-2 relative to Proposed Order to...

Minutes, page 9

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That action on the Mayoral Veto of Council Order 21/22-1008402A-2 relative to Proposed Order to authorize the purchase of 100 Locke Drive for the purpose of building a new Fire Station, POSTPONED UNTIL MAY 23, 2022, CITY COUNCIL MEETING; 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

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That action on the Mayoral Veto of Council Order 21/22-1008402A-2 relative to Proposed Order to authorize the purchase of 100 Locke Drive for the purpose of building a new Fire Station, POSTPONED UNTIL MAY 23, 2022, CITY COUNCIL MEETING; adopted..” (Motion: Robey)

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

Postponed until may 23, 2022, city council meeting: Action on the Mayoral Veto of Council Order 21/22-1008402B-3 relative to Proposed amended...

Minutes, page 9

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That action on the Mayoral Veto of Council Order 21/22-1008402B-3 relative to Proposed amended Transfer request in the amount of $5,092,666.66 for the acquisition of 100 Locke Drive for a new Fire Station clarifying the funding sources, POSTPONED UNTIL MAY 23, 2022, CITY COUNCIL MEETING; 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

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That action on the Mayoral Veto of Council Order 21/22-1008402B-3 relative to Proposed amended Transfer request in the amount of $5,092,666.66 for the acquisition of 100 Locke Drive for a new Fire Station clarifying the funding sources, POSTPONED UNTIL MAY 23, 2022, CITY COUNCIL MEETING; adopted..” (Motion: Robey)

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

Adjourn

Minutes, page 9

ProceduralPassed · Voice vote, names not recorded

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 10:30 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

“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 10:30 PM; adopted..” (Motion: Navin)

Read it in the official minutes, page 9 (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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