February 13, 2023

“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 $15,500.00 from the MA Emergency Management Agency (MEMA) awarded to Marlborough Emergency Management to be used to fund the acquisition of additional equipment and supplies for an emergency shelter; adopted..” (Motion: Irish)

Read it in the official minutes, page 1 (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 Acceptances in the amount of $175,000.00 from the MA Office of Travel and Tourism awarded to the Department of Public Works to be used for upgrades and repairs to the Westerly Water Treatment Plant and the cost for roof replacement at the Lake Williams pumping station; adopted..” (Motion: Irish)

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“Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Appointment of Chad Carter as the Executive Director of the Community Development Authority for a 3-year term to expire on January 31, 2026, APPROVED; adopted..” (Motion: Dumais)

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

“Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Reappointment of Diane Smith as City Auditor for a 3-year term to expire on February 24, 2026, 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 Michael Hennessy as Director of Veterans’ Services for a 3-year term to expire on March 23, 2026, APPROVED; adopted..” (Motion: Dumais)

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

“Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That Reappointments to the Council on Aging for 4-year terms of Patricia Gallier and Leslie Biggar to expire on May 4, 2026, APPROVED; adopted..” (Motion: Dumais)

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“Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Reappointments to the Library Board of Trustees for 3-year terms of Thomas Abel to expire January 7, 2025, William Brewin to expire September 23, 2024, Rustin Kyle to expire September 23, 2024, Janice Merk to expire February 2, 2024, and Robyn Ripley to expire February 1, 2025, APPROVED; adopted..” (Motion: Dumais)

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“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the City Council of the City of Marlborough hereby authorizes the Mayor, on behalf of the City of Marlborough, to enter into and execute a Local Initiative Program (LIP) Regulatory Agreement and Declaration of Restrictive Covenants for Rental Project (Local Action Units), in substantially the form attached hereto, with the Commonwealth of Massachusetts Department of Housing and Community Development and Green District Owner, LLC. Said Regulatory Agreement is relative to the first phase of the “Green District” residential development on Simarano Drive, as required by Condition No. 6 (Affordable Units) of the Special Permit decision of the City Council (Order No. 19- 1007762), APPROVED; adopted..” (Motion: Robey)

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“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Request for Approval of two (2) Replacement Flat Wall Signs, and Replacement of Free-Standing Sign Panels, Home Décor Group, 576 Boston Post Road East, within the Wayside District, APPROVED; adopted..” (Motion: Robey)

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

“ORDERED: WHEREAS, in the opinion of the City Council of the City of Marlborough, the common convenience and necessity require: that JENKS LANE be accepted as a public way from GOODALE STREET at the westerly end of JENKS LANE to the cul-de-sac at the easterly end of JENKS LANE and that the appurtenant easements be accepted as municipal easements, as shown on plans thereof and as hereinafter described and as set forth in Schedule A and Schedule B attached hereto: DESCRIPTION Plan entitled, “Plan of Acceptance Goodale Estates LLC Jenks Lane, City of Marlborough, Middlesex County, Commonwealth of Massachusetts,” Prepared By: Control Point Associates, Inc., 352 Turnpike Road, Southborough MA 01772; Dated: February 28, 2022, which plan is to be recorded herewith. Title to the roadways shown as Jenks Lane on said plan, and title to all the municipal easements shown on said plan as “Drainage Easement” and set forth in “Schedule A” attached hereto, has been granted to the City of Marlborough in a quitclaim deed from Northborough Capital Partners, LLC, a Florida limited liability company with an address of 1236 Par View Drive, Sanibel, Florida 33957, said deed to be recorded herewith at the Middlesex County (South District) Registry of Deeds. IT IS THEREFORE ORDERED THAT: JENKS LANE be accepted as a public way, and the appurtenant easements be accepted as municipal easements, in the City of Marlborough. APPROVED; adopted..”

Read it in the official minutes, page 23 (PDF)

“Motion by Councilor Robey, seconded by Councilor Navin to amend Chapter 315, §2 #24 to strike out $25.00 per offense and insert the amount of $100.00 per offense – Motion DOES NOT CARRY..” (Motion: Robey, second: Navin)

Read it in the official minutes, page 24 (PDF)

“ORDERED: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARLBOROUGH THAT THE CITY CODE OF THE CITY OF MARLBOROUGH, AS AMENDED, BE FURTHER AMENDED AS FOLLOWS: I. Chapter 315 (entitled “Enforcement”), Section 315-2 (entitled “Noncriminal disposition”), Subsection (A), is hereby amended by inserting the following sentence at the end of the existing paragraph: In addition to any other enforcing municipal personnel, the code enforcement officer(s) may also be a designee of any enforcing agent for all such ordinances, rules or regulations. II. Chapter 315, Section 315-2, Subsection (B), is hereby amended by inserting the following sentences after the existing second sentence: Where no specific penalty amount is stated in an ordinance, rule, or regulation, the specific penalty amount shall be: $100 for First Offense, $200 for Second Offense, and $300 for Third and Any Subsequent Offense. Unless otherwise specified, second and any subsequent offenses shall mean additional offenses after a first offense which are committed by the same offender within a twelve-month period. III. Chapter 315, Section 315-2, Subsection (B), Table Row numbers “20”, “21”, “22”, “23”, “25”, “27”, “28.1”, “29”, and “31”, are hereby amended as follows: (new text shown as underlined, deleted text shown as strikethrough): Ordinance Violation Penalty Enforcing Agent (Chapter/Section) 20) Human Habitation, $50 Board of Health, City Health Code 1st offense: $100 Director of Public Board of Health: 2nd offense: $200 Health, agent, Regulations for 3rd and subsequent offense: $300 sanitarian and Minimum Standards assistant sanitarian for Human Habitation (hereinafter, Board of Health) 21) Subsurface Disposal $50 Board of Health of Sanitary Sewage, 1st offense: $100 City Health Code 2nd offense: $200 Board of Health: 3rd and subsequent offense: $300 Regulations for Minimum Standards for Onsite Sewage Treatment & Disposal Systems 22) Food Establishments, $50 Board of Health City Health Code 1st offense: $100 Board of Health: 2nd offense: $200 Regulations for 3rd and subsequent offense: $300 Minimum Standards for Food Establishments 23) City Wetland Penalty amounts set forth in Ch. Conservation Officer Regulations (Ch. 627) 627. 25) Plumbing For violation of any provisions of Plumbing Inspector Ch. 270, Art. II, § 270-7.1 or any or Assistant provision of the State Plumbing Plumbing inspector Code (248 CMR): no less than $50 (in his absence) nor more than $100 $100 for 1st offense; $200 for 2nd offense; no less than $200 not more than $300 $300 for each succeeding offense; each day or part thereof, whether continuous or intermittent, construed as separate and succeeding offense 27) Building Regulations Building Permits, etc., For violation of § 270-8 or any Building Ch. 270, § 270-8 provision of State Building Code Commissioner or his (780 CMR): $100 for 1st offense; or her designee, in $200 for 2nd offense; $300 for each his absence succeeding offense no less than $100 nor more than $300 $X for each offense; each day or part thereof, whether continuous or intermittent, construed as separate and succeeding offense Certificate of legal Not less than $100 nor more than Building multifamily dwelling $300 $100 for 1st offense; $200 for Commissioner or his units, Ch. 420 2nd offense; $300 for 3rd and or her designee subsequent offense 28.1) Motorized Scooters, First offense: not more than $25; Police Department Ch. 503 second: not less than $25 nor more than $50; subsequent offenses: not less than $50 nor more than $100 29) Antiblight; Nuisances $200 Building (Ch. 485, Art. I) Commissioner or his or her designee; Board of Health Registration and $300 Building Maintenance of Commissioner Abandoned and/or Foreclosing Residential Properties, Ch. 485, Art. II 31) Stormwater 1st offense: $100 City Engineer Management, Ch. 271 2nd offense: $200 3rd and subsequent offense: $300 IV. Chapter 315, Section 315-2, Subsection (B), Table Row number “24”, is hereby deleted in its entirety and replaced with the following: Ordinance Violation Penalty Enforcing Agent (Chapter/Section) 24) Board of Health: $25 per offense Superintendent of Regulation XII, Marlborough School Smoking and other use District; all district of tobacco products in principals, assistant school buildings, upon principals, directors of school grounds or in athletics; pupil transport Superintendent-Director vehicles and Principal of Assabet Valley Regional Vocational High School, as well as police officers 24.1) Board of Health Amount as set forth in the Board of Board of Health Regulations: All other Health Regulation. If no specific Board of Health penalty is listed in the regulation, regulations not listed then: in Section 315-2. 1st offense: $100 2nd offense: $200 3rd and subsequent offense: $300 V. Chapter 420 (entitled “Multifamily Dwellings”), Section 420-3 (entitled “Violations and Penalties”) is hereby amended as follows: (new text shown as underlined, deleted text shown as strikethrough): Every day that a person violates § 420-2 shall constitute a separate offense. Each offense shall be subject to a noncriminal fine of not less than $100 and not more than $300 as set forth in the Code of the City of Marlborough §315-2B, as enforced by the Building Commissioner or his/her designee. VI. Chapter 485 (entitled “Property Maintenance”), Section 485-3 (entitled “Administration”), Subsection (A)(3), is hereby amended as follows: (new text shown as underlined, deleted text shown as strikethrough): In addition to the foregoing remedy, whoever violates any provision of this article or fails to obey any lawful order issued by the enforcing authority in enforcing this article shall be liable to a noncriminal fine of not more than $200 for each violation as set forth in the Code of the City of Marlborough §315-2B. Each violation of this article shall constitute a separate offense. Each day that any such violation continues shall constitute a separate violation. The enforcing authority may also issue a cease-and-desist order for any hazardous situation. VII. Effective Date. These amendments shall take effect upon passage. APPROVED. First Reading, suspended; Second Reading, adopted; Passage to Enroll, adopted; Passage to Ordain; adopted. No objection to passage in one evening..”

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“Motion by Councilor Robey, seconded by the Chair to amend condition number 3 to adding the words “if possible” after “street side of sidewalk” and striking the word “from” and adding the word “down”. Councilor Doucette asked that the word “down” be changed to “heading east on” – Amendment CARRIED. ORDERED: That the Petition from Massachusetts Electric, to install a new Pole/Anchor P0-5 on Manning Street to support pole with wires, APPROVED WITH THE FOLLOWING CONDITIONS; adopted..” (Motion: Robey)

Read it in the official minutes, page 32 (PDF)