December 5, 2022

“Motion by Councilor Dumais, seconded by the Chair to adopt the following: That the Petition of Verizon New England to lay and maintain underground conduits, with wires and cables to be placed therein under the public way, Desimone Drive, be and is herewith WITHDRAWN AND FILED; adopted..” (Motion: Dumais)

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

“Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Petition from National Grid to install a hand hole and run conduit from Pole #14 to hand hole at 157 Cook Lane, APPROVED WITH THE FOLLOWING CONDITIONS; adopted..” (Motion: Landers)

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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 $46,650.00 (Forty-six thousand, six hundred and fifty dollars) which moves funds from Sale of Graves to Reduce the FY 2023 Tax Levy, APPROVED; adopted..” (Motion: Irish)

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

“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $838,369.97 (Eight hundred thirty-eight thousand, three hundred sixty-nine dollars & ninety-seven cents) which moves funds from Overlay Reserve to Reduce the FY 2023 Tax Levy, APPROVED; adopted..” (Motion: Irish)

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

“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Marlborough City Council votes in accordance with MGL Chapter 40, §56, as amended, the percentage of local tax levy which will be borne by each class of real and personal property, relative to setting the Fiscal Year 2023 tax rates and set the Residential Factor at 0.8237 with a corresponding CIP shift of 1.45 pending approval of the City’s annual tax recap by the Massachusetts Department of Revenue, APPROVED; adopted..” (Motion: Irish)

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

“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Grant Acceptance in the amount of $3,000,000.00 from the MassWorks Infrastructure Program through the Executive Office of Housing and Economic Development awarded to the Department of Public Works to be used for various road and intersection improvements throughout the city; adopted..” (Motion: Irish)

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

“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Grant Acceptance in the amount of $49,182.00 from the MA Division of Fisheries and Wildlife awarded to the Conservation Commission to be used for continued restoration in the Natural Desert Area; adopted..” (Motion: Irish)

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

“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES Grant Acceptance in the amount of $23,100.00 from the MA Cultural Council awarded to the Cultural Council to be used to support arts programs throughout the community; adopted..” (Motion: Irish)

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

“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: WHEREAS, the City Council of the City of Marlborough desires a beneficial economic use creating jobs for local residents, expanding business within the City, and developing a healthy robust economy and stronger tax base for Map 90, Parcel 2A (including portions thereof) on the Marlborough Assessor's Map; and WHEREAS, the City Council of the City of Marlborough intends to use tax increment financing as an economic development tool created by the Massachusetts Economic Development Incentive Program based on the ability of the City of Marlborough, in accordance with needs and community benefits of a specific project, that are reasonably proportional to the economic development incentives from State and local government and the resulting economic development benefits; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Marlborough that the following activities which are necessary to pursue a Certified Project designation be authorized: 1. The City Council of the City of Marlborough hereby requests that the Massachusetts Economic Assistance Coordinating Council approve the PI (Physik Instrumente) L.P. application for an EDIP Certified Project; and further, that: a. The project is consistent with the City of Marlborough’s economic development objectives and is likely to increase employment opportunities for Marlborough residents; b. The project will not overburden the City of Marlborough's infrastructure and utilities; c. The project as described in the proposal has a strong likelihood that it will cause a significant influx or growth in business activity, will create a significant number of jobs, and will contribute significantly to the resiliency of the Marlborough economy; and d. The City Council approves PI (Physik Instrumente) L.P.’s request that the project be designated by the Massachusetts Economic Assistance Coordinating Council as an EDIP Certified Project for ten (10) years. 2. The City Council of the City of Marlborough agrees to authorize the use of tax increment financing, authorizes the Mayor to enter into a tax increment financing agreement with PI (Physik Instrumente) L.P. and authorizes submission of the tax increment financing agreement (attached hereto) to the Massachusetts Economic Assistance Coordinating Council. APPROVED; adopted..” (Motion: Irish)

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

“Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the City Council for the City of Marlborough, pursuant to M.G.L. c.166, §22 and Chapter 473, Article III of the City of Marlborough General Code entitled “Small Cell Wireless Facilities Within Public Rights-of-Way,” does hereby approve the petition of Cellco Partnership d/b/a Verizon Wireless ("Verizon Wireless”), filed with the City Clerk on September 28, 2022, to grant a location on a new utility pole located in the public right of way adjacent to 385 Farm Road in Marlborough, which pole is to replace an existing pole currently designated as National Grid pole #34, in order for Verizon Wireless to deploy a small cell facility thereon by constructing and maintaining telecommunications wires and appurtenances, including a pole top canister antenna, remote radio heads and associated wires, cables, fiber demarc box, electric meter and associated equipment (the "Small Cell Facility"), all as depicted on plans submitted with Verizon Wireless’ petition and in photo simulations submitted to the City Council and Public Services Committee, which plans are attached hereto and incorporated herein; subject, however, to the following conditions, which conditions shall be binding upon Verizon Wireless, its successors and/or assigns: 1. The Small Cell Facility shall be of such material and construction, and all work shall be done in such manner, as to be satisfactory to the City Council and the Engineering Division of the City's Department of Public Works (the "City Engineering Division"). 2. Verizon Wireless shall indemnify and hold harmless the City against all damages, injuries, costs, expenses, and any and all claims, demands and liabilities whatsoever of every name and nature, both in law and equity, allegedly caused by the acts or neglect of Verizon Wireless, its employees, agents and servants in any manner arising out of the rights and privileges granted herein to Verizon Wireless for its Small Cell Facility. 3. Verizon Wireless shall comply with the requirements of existing City ordinances, including but not limited to Chapter 473, Article III, entitled "Small Cell Wireless Facilities Within Public Rights-of-Way," as may be applicable, and such requirements as may hereafter be adopted governing the construction and maintenance of the Small Cell Facility. To the extent any requested relief from the siting standards in City Ord. Ch. 473, Article III is authorized by this approval, such relief is provided consistent with Ord. Sec. 473-27(B). 4. Verizon Wireless shall not install its Small Cell Facility on double poles. If National Grid pole #34 becomes a double pole in the future, Verizon Wireless shall remove its Small Cell Facility to a single pole as expeditiously as possible within the guidelines then prescribed by National Grid, but in any event no later than December 31st of the year in which National Grid pole #34 becomes a double pole; provided, however, that if Verizon Wireless is unable to comply with the December 31st deadline for reasons fairly attributable to National Grid, Verizon Wireless shall submit to the City Council a letter, to be received by the City Council prior to such deadline, requesting that the Council extend the deadline to a specified date in the subsequent year and providing good cause in support of such request. 5. All cutting of and/or digging into City streets and/or sidewalks by or on behalf of Verizon Wireless in conjunction with its Small Cell Facility is prohibited, as is all underground installation associated with the Small Cell Facility; provided, however, that the grounding rod proposed to be installed as part of the Small Cell Facility is permitted as long as 1) Verizon Wireless installs the rod immediately adjacent to National Grid pole #34 so as to cause minimal disturbance to the surface of the street or sidewalk, and 2) Verizon Wireless restores the street or sidewalk surface to its pre- disturbance condition to the satisfaction of the City Engineering Division. 6. The Small Cell Facility shall be color-coordinated so as to best minimize the visual impact of the Facility. 7. The Small Cell Facility's remote radio heads and associated wires, cables, fiber demarc box, electric meter and associated equipment shall be mounted on the side of National Grid pole #34 facing away from the roadway. 8. Any future modification of the Small Cell Facility by Verizon Wireless shall require further City Council Approval. 9. Any future road reconstruction or repair project by the City and/or the Commonwealth requiring the relocation of National Grid pole #34 shall result in Verizon Wireless moving their Small Cell Facility to another pole in a timely fashion after having been notified by the City Engineering Division about the road project; provided, however, that any such relocation shall require further City Council approval. 10. Prior to the commencement of construction and/or installation of the Small Cell Facility, Verizon Wireless shall provide the City Engineering Division with a written construction and/or installation schedule satisfactory to the Division. 11. Prior to the commencement of construction and/or installation of the Small Cell Facility, Verizon Wireless shall provide the City's Chief Procurement Officer (the "City CPO") with a bond from a surety authorized to do business in Massachusetts and satisfactory to the City CPO in an amount equal to the cost of removal of the Small Cell Facility from National Grid pole #34 and for the repair and/or restoration of the public way, in the vicinity of National Grid pole #34, to the condition the public way was in as of the date of this order, said amount to be determined by the City Engineering Division. The amount of the bond shall be the total of the estimate by the Division plus an annual increase of 3% for the operating life of the Small Cell Facility. Verizon Wireless shall notify the City CPO and the Division of any cancellation of, or change in the terms or conditions in, the bond. 12. Each year on July 1st, Verizon Wireless shall submit an affidavit that the Small Cell Facility remains in use and that the Small Cell Facility remains covered by liability insurance naming the City as an additional insured. 13. Each year on July 1st, Verizon Wireless shall pay to the City of Marlborough an annual recertification fee of $250.00 for each year that the Small Cell Facility remains in use. 14. If the Small Cell Facility is no longer in use, it shall be removed by Verizon Wireless, at its expense, within 60 days. If the Small Cell Facility is not removed by Verizon Wireless within 60 days of it no longer being in use, Verizon Wireless shall pay a fine of $100.00 per day until such installation is removed by Verizon Wireless. 15. Prior to commencement of construction and/or installation of the Small Cell Facility, National Grid shall replace the existing pole #34 with a new pole as further described in the plans attached hereto. Notwithstanding anything to the contrary, the Small Cell Facility shall not be placed on said existing pole, and this Grant of Location only authorizes the Small Cell Facility to be placed on the new replacement pole. 16. Failure by Verizon Wireless to comply with any of the above conditions to the satisfaction of the City Council or, as applicable, the City Engineering Division or the City CPO shall result in the City Council's review of Verizon Wireless’ petition granted herein. APPROVED; adopted..” (Motion: Landers)

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

“Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Reappointment of Cheryl Soucy to the Disabilities Commission for a 3- year term to expire October 21, 2024, APPROVED; adopted..” (Motion: Dumais)

Read it in the official minutes, page 10 (PDF)

“Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Appointment of Adrian Gilbert to the Historical Commission for a term expiring three years from City Council confirmation, APPROVED; adopted..” (Motion: Dumais)

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“Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Appointment of N. Paul Tonthat to the Community Development Authority (CDA) for a 3-year term to expire on March 25, 2025, APPROVED; adopted..” (Motion: Dumais)

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“Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Reappointment of Paul Sliney to the Community Development Authority (CDA) for a 3-year term to expire on March 9, 2025, APPROVED; adopted..” (Motion: Dumais)

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“Motion by Councilor Irish, seconded by the Chair to adopt the following: 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 of 1-year of 2-years of 3-years of 4-years of 5-years of service service service service service service Substance Use $58,000.00 $59,160.00 $60,343.20 $61,550.06 $62,781.07 $64,036.69 $65,317.42 Prevention Coordinator and Intervention Specialist (35 hours per week) II. This ordinance shall supersede and replace any existing rate for said position (if applicable) in the current salary schedule. APPROVED; adopted. First Reading, suspended; Second Reading, adopted; Passage to Enroll, adopted; Passage to Ordain; adopted. No objection to passage in one evening..” (Motion: Irish)

Read it in the official minutes, page 10 (PDF)

“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Job Description pursuant to Chapter 125 “Personnel” §5 “Preparation of Classification Descriptions” of the Code, relative to the position of Substance Use Prevention Coordinator and Intervention Specialist, APPROVED; adopted..” (Motion: Irish)

Read it in the official minutes, page 11 (PDF)