February 12, 2024

Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, JANUARY 22, 2024, 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.

That the PUBLIC HEARING on the Application from ViewPoint Sign and Awning on behalf of Best Western Royal Plaza Hotel for replacement of a Free-Standing EMC Sign at 181 Boston Post Road West, Order No. 23-1009035, all were heard who wish to be heard, hearing closed at 8:08 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.

That the PUBLIC HEARING on the Application from Barlo Signs on behalf of Kennedys Restaurant and Market for installation of a Free-Standing EMC Sign at 247 Maple Street, Order No. 23-1009036, be CANCELLED; 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.

Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Mid-Year Transfer Requests in the amount of $1,202,100.00 (One million two hundred two thousand one hundred dollars) from various departments for FY24, which moves funds from and to accounts as outlined in the transfer sheets, referred to FINANCE 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.

Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $162,202.95 (One hundred sixty-two thousand two hundred two dollars and ninety-five cents) from Free Cash to the Opioid Settlement Special Revenue Fund, referred to FINANCE 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.

Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Proposed Amendments to the City Code, Chapter 125 “Personnel” §5 “Preparation of Classification Descriptions” and to Chapter 125 “Personnel” §6 “Salary Schedule” to create a new position of Communications & Special Projects Director in addition to a Transfer Request in the amount of $25,900.00 to fund the position for the remainder of FY 24, referred to FINANCE 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.

Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Mayor, re: Notification of Extension of Temporary Appointment pursuant to MGL Chapter 41 §61A of David Williams as Interim Comptroller/Treasurer for an additional 60-day term to expire April 2, 2024, 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.

Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Reappointments of Sean Fay, Barbara Fenby, and Christopher Russ to the Planning Board for 5-year terms respectively to expire on February 5, 2029, referred to the PERSONNEL 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.

Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from City Solicitor Jason Grossfield, re: Request for Executive Session to discuss litigation strategy relative to JW Capital Partners, LLC and Marlborough TOTG LLC v. City of Marlborough (Land Court No. 23 MISC 000199), MOVED TO THE END OF AGENDA & FILE; adopted. Councilor Preciado Recused.

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. The minutes also say: “Councilor Preciado Recused.”

Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Communication from City Clerk, Steven Kerrigan, re: Presidential Primary Election Call, 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.

Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Communication from City Clerk, Steven Kerrigan, re: In-Person Early Voting for Presidential Primary, 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.

Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Communications from Karin Paquin of the Conservation Commission and James Confrey of the Council on Aging, re: Notification of Resignation as member of their respective board, 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.

Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY FEBRUARY 26, 2024, as the DATE FOR PUBLIC HEARING, on the Petition from Massachusetts Electric and Verizon New England, to install one Joint Owned Pole at 219 Forest Street beginning at a point approximately 972’ East of the centerline of the intersection of Teller Street. Install 45’C1.2 midspan between Poles 25 & 26. Install feeder monitor on new midspan Pole 25- 50, referred to the PUBLIC SERVICES COMMITTEE; adopted. Councilor Vital Recused.

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. The minutes also say: “Councilor Vital Recused.”

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.

Motion by Councilor Brown, 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.

Suspension of the Rules requested – granted.

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

Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Marlborough City Council meet in executive session under Purpose 3 of the Open Meeting Law, MGL c. 30A, s. 21(a)(3), to “discuss strategy with respect to…litigation if an open meeting may have a detrimental effect on the…litigating position of the public body” regarding the pending matter, JW Capital Partners, LLC and Marlborough TOTG LLC v. Marlborough City Council (Land Court No. 23 MISC 000199), as the chair hereby declares that discussion in an open session may have a detrimental effect on the City and the City Council’s litigating position. The City Council will not re-convene in open session after the Executive Session. APPROVED; adopted. Yea: 10 – Abstain: 1 Yea: Vital, Doucette, Brown, Irish, Fuccillo, Landers, Navin, Oram, Ossing & Robey. Abstain: Preciado.

Yes: Brown, Doucette, Fuccillo, Irish, Landers, Navin, Oram, Ossing, Robey, VitalAbstained: PreciadoRobert Preciado abstained (shown as abstaining, not voting).

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 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.