June 9, 2025

“Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Reappointment of Renee Perdicaro to the Community Development Authority for a 3-year term to expire on March 9, 2027, APPROVED; adopted..” (Motion: Brown)

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“Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Reappointment of Elizabeth Jalonski to the Board of Registrars for a 3- year term to expire April 1, 2028, APPROVED; adopted..” (Motion: Brown)

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“Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Reappointment of Linda Ossing to the Cable Trust Board of Directors for a 3-year term to expire January 7, 2028, APPROVED; adopted. Councilor Ossing Recused..” (Motion: Brown)

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“Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Reappointment of Meredith Harris to the Cable Trust Board of Directors for a 3-year term to expire July 15, 2028, APPROVED; adopted. Councilor Ossing Recused..” (Motion: Brown)

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“Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Reappointment of Judy Benedetto to the Council on Aging for a 4-year term to expire May 7, 2029; adopted..” (Motion: Brown)

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“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 $10,800.00 from the Massachusetts Department of Environmental Protection to the Department of Public Works to improve the recycling programs by implementing best practices; adopted..” (Motion: Irish)

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“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 $24,530.61 through a joint program by the US Department of Justice and the Commonwealth of Massachusetts for reimbursement on the purchase of bullet proof vests for the Police Department; adopted..” (Motion: Irish)

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“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 $37,500.00 from the Commonwealth of Massachusetts awarded to the IT Department to be used to improve cybersecurity awareness; adopted..” (Motion: Irish)

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“Motion by Councilor Irish, to move the recommendation of the Finance Committee to approve the following, seconded by the Chair: ORDERED: That the Year-End Transfer Request in the amount of $388,500.00 (Three hundred eighty-eight thousand five hundred dollars) which moves funds from and to various accounts as noted on the spreadsheets for the Department of Public Works, Public Facilities and the Legal Department, be and is herewith APPROVED..” (Motion: Irish)

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“Motion by Councilor Irish, to move the recommendation of the Finance Committee to approve the following, seconded by the Chair: ORDERED: That the Transfer Request in the amount of $19,500.00 (Nineteen thousand five hundred dollars) from Undesignated Fund (Free Cash) to Open Space Stabilization, APPROVED; adopted..” (Motion: Irish)

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“Motion by Councilor Irish, to move the recommendation of the Finance Committee to approve the following, seconded by the Chair: ORDERED: That the Transfer Request in the amount of $1,321,219.00 (One million three hundred twenty-one thousand two hundred nineteen dollars) which moves funds from Undesignated Fund (Free Cash) to Overtime-Snow & Ice ($220,000.00), Snow Removal ($533,100.00) and Operating Expenses ($568,119.00) respectively to fund FY 2025 deficit, APPROVED; adopted..” (Motion: Irish)

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“Motion by Councilor Irish, to move the recommendation of the Finance Committee to approve the following, seconded by the Chair: ORDERED: That the Capital Transfer Request in the amount of $1,800,000.00 (one million eight hundred thousand dollars) from Free Cash to Capital Outlay-DPW Equipment to address critical needs identified by the Department of Public Works, APPROVED; adopted..” (Motion: Irish)

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“Motion by Councilor Irish, to move the recommendation of the Finance Committee to approve the following, seconded by the Chair: ORDERED: That the Capital Transfer Request in the amount of $300,000.00 (three hundred thousand dollars) from Free Cash to Capital Outlay-Sewer Maintenance to address critical needs identified by the Department of Public Works, APPROVED; adopted..” (Motion: Irish)

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“Motion by Councilor Irish, to move the recommendation of the Finance Committee to approve the following, seconded by the Chair: ORDERED: That the Capital Transfer Request in the amount of $1,000,000.00 (one million dollars) from Free Cash to Capital Outlay-Recreation to address critical needs identified by the Department of Public Works, APPROVED; adopted. Councilor Vital Opposed..” (Motion: Irish)

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“Motion by Councilor Irish, to move the recommendation of the Finance Committee to approve the following, seconded by the Chair: ORDERED: That the Capital Transfer Request in the amount of $811,585.00 (eight hundred eleven thousand five hundred eighty-five dollars) from Free Cash to Capital Outlay-IT Equipment to address critical needs identified by the Information Technology Department, APPROVED; adopted..” (Motion: Irish)

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“Motion by Councilor Irish, to move the recommendation of the Finance Committee to approve the following, seconded by the Chair: ORDERED: That the Capital Transfer Request in the amount of $440,288.00 (four hundred forty thousand two hundred eighty-eight dollars) from Free Cash to Capital Outlay-Police Department to address critical needs identified by the Police Department, APPROVED; adopted..” (Motion: Irish)

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“Motion by Councilor Irish, to move the recommendation of the Finance Committee to approve the following, seconded by the Chair: ORDERED: That the Tax Increment Financing (TIF) Agreement and City Council Resolution with BH GRP TCAM OWNER II LLC (Greatland Realty Partners) and the Commonwealth of Massachusetts for the construction and leasing of a new Crime Laboratory for the Massachusetts State Police at 100 Martinangelo Drive, APPROVED; adopted..” (Motion: Irish)

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“Motion by Councilor Irish, to move the recommendation of the Finance Committee to approve the following, seconded by the Chair: 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: Head Treatment Plant Operator (7/1/25) (a/k/a Chief Treatment Plant Operator) (40 hours per week) STEP HOURLY DAILY PERIOD ANNUAL SALARY RATE RATE SALARY 0 $53.8462 $430.7692 $4,307.6923 $112,000.00 1 $55.0481 $440.3846 $4,403.8462 $114,500.00 2 $56.2500 $450.0000 $4,500.0000 $117,000.00 3 $57.4519 $459.6154 $4,596.1538 $119,500.00 General Foreman (7/1/25) (40 hours per week) STEP HOURLY DAILY PERIOD ANNUAL SALARY RATE RATE SALARY 0 $53.8462 $430.7692 $4,307.6923 $112,000.00 1 $55.0481 $440.3846 $4,403.8462 $114,500.00 2 $56.2500 $450.0000 $4,500.0000 $117,000.00 3 $57.4519 $459.6154 $4,596.1538 $119,500.00 Head Mechanic (a/k/a Superintendent of Automotive Maintenance) (7/1/25) (40 hours per week) STEP HOURLY DAILY PERIOD ANNUAL SALARY RATE RATE SALARY 0 $53.8462 $430.7692 $4,307.6923 $112,000.00 1 $55.0481 $440.3846 $4,403.8462 $114,500.00 2 $56.2500 $450.0000 $4,500.0000 $117,000.00 3 $57.4519 $459.6154 $4,596.1538 $119,500.00 Assistant City Engineer (7/1/25) (40 hours per week) STEP HOURLY DAILY PERIOD ANNUAL SALARY RATE RATE SALARY 0 $53.8462 $430.7692 $4,307.6923 $112,000.00 1 $55.0481 $440.3846 $4,403.8462 $114,500.00 2 $56.2500 $450.0000 $4,500.0000 $117,000.00 3 $57.4519 $459.6154 $4,596.1538 $119,500.00 II. The effective date for the above salary schedule shall be July 1, 2025. All positions to start at Step 0 including incumbent position holder. III. The above positions are 40 hours per week. IV. This ordinance shall supersede and replace any existing rate for said position(s) (if applicable) in the current salary schedule. APPROVED. First Reading, suspended; Second Reading, adopted; Passage to Enroll, adopted; Passage to Ordain; adopted. No objection to passage in one evening..” (Motion: Irish)

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“Motion by Councilor Fuccillo, seconded by the Chair to AMEND Order No. 25-1009417 to include the following: 1) Expand the License Area shown as Exhibit A in the Solicitor’s letter dated June 5, 2025, to include a portion of the plaza behind City Hall that is adjacent to Lost Shoe Brewing and Roasting Company as shown in green on the attached drawing, and the portion of Weed Street as outlined in purple on the attached drawing. 2) The use of the plaza and Weed Street areas shall be limited to Friday’s 5:00 PM to 10:00 PM; Saturday’s 11:00 AM to 10:00 PM, and Sunda’s 11:00 AM to 8:00 PM only. Amendment APPROVED; adopted. (President Ossing declared the vote 7-1-1)..” (Motion: Fuccillo)

Read it in the official minutes, page 28 (PDF)

“ORDERED: Amended and Restated License to Encroach on Public Property and Indemnification WHEREAS, Lost Shoe Brewing and Roasting Company, LLC d/b/a Lost Shoe Brewery (the “Licensee”), duly incorporated in the Commonwealth of Massachusetts with a principal place of business at 19 Weed Street Marlborough, MA 01752, operating a brewery including retail sales for serving the beer brewed on-site and food known as Lost Shoe Brewery located at 19 Weed Street Marlborough, MA 01752 (being a portion of Assessors Map 70 Parcel 147) desires to use a portion of: the sidewalk fronting said 19 Weed Street, Marlborough, MA 01752, the sidewalk area on Weed Street next to the Court Street Parking Garage, the plaza behind City Hall that is adjacent to Licensee, and/or Weed Street, for table service of food and/or beverages (hereinafter, “License Area”); and WHEREAS, the City of Marlborough (hereinafter, the “City”) wishes to allow Licensee to use the License Area for table service of food and/or beverages; WHEREAS, City and Licensee previously entered into a License to Encroach on Public Property (Council Order No. 19-1007671) and a temporary license to encroach during COVID-19 (collectively, the “License Agreement”), and City and Licensee desire to amend and restate the License Agreement by entering into this Amended and Restated License to Encroach on Public Property and Indemnification; and WHEREAS, the License Area is owned by and/or within the public way of the City; NOW, THEREFORE, the City of Marlborough, by and through its Mayor and City Council (hereinafter, “the City”), grants to the Licensee permission to use the License Area for the limited purpose of outdoor dining on food and/or beverages associated with the Licensee and to place tables and chairs thereon for said purpose, and for no other purpose, under the terms and conditions stated below (hereinafter, “the license” or “this license”): 1. The License Area is identified in its approximate location on the plan attached hereto as Exhibit “A,” which exhibit is made a part hereof. 2. The license shall be effective from the date of approval by the City for a one (1) year term. Thereafter, subject to terms and conditions of this license, the license shall run from year to year. 3. Licensee shall not allow any use of the tables and chairs in the License Area after 10:00 PM. Notwithstanding anything to the contrary in this License, the use of the plaza and Weed Street areas shall be limited to: Fridays 5:00 PM to 10:00 PM; Saturdays 11:00 AM to 10:00 PM and Sundays 11:00 AM to 8:00 PM only. 4. Licensee shall be responsible for snow and ice removal if Licensee places tables and/or chairs on the License Area when snow or ice is present. 5. Licensee acknowledges that this license is not a grant of interest in the License Area or in any other portion of City property. 6. Licensee acknowledge that this license is exclusive to Licensee and that no other person(s) or entity(ices) has the permission of the City to utilize the License Area for any purpose other than for dining on products purchased at the Licensee. This License (including paragraphs 5 and 6) shall not prohibit dining on food from sources other than the Licensee so long as it is in conjunction with dining on beverages/food purchased at the Licensee. 7. Licensee agrees that it shall not allow loitering or other use of the License Area which is not related to dining on products purchased at the Licensee. 8. Licensee agrees to indemnify, defend, and hold harmless the City, their officers, employees and agents from and against all suits, actions or claims, civil or criminal, of any character brought because of any injury or damage received or sustained by any person, persons or property arising out of, or resulting from the existence of any obstruction or defect in the public way abutting the License Area or in the License Area, or arising out of, or resulting from any asserted negligent or intentional act, error or omission of Licensee or its agents, servants or employees, occurring in the performance of the Licensee to place tables and chairs upon License Area and to allow the utilization by third parties of said License Area, or Licensee’s use of the License Area or any related act or omission of any representative, agent, invitee, customer, patron, agent, employee, or guest of Licensee. The indemnification required hereunder shall not be limited by reason of the specifications of any particular insurance coverage of the Licensee. 9. Licensee shall return the License Area to the same condition and degree of cleanliness or better than it was in prior to the commencement of the use promptly at the expiration or termination of this License (reasonable wear and tear excepted), be responsible for any repairs or clean-up costs required as a result of Licensee’s use of the License Area, and remove any item of property left or placed in or on the License Area by Licensee promptly at the expiration or termination of this License. 10. The City shall be under no liability for any damage or loss of the License Area and no claim shall be made therefore against the City. The use of the License Area is at the sole risk of the Licensee and not the City. Licensee acknowledges that they have inspected the site and are satisfied as to the suitability of the site for its purposes. No warranty or representations as to the site or its suitability for any particular purposes is made by the City. The License Area is licensed in its as is condition. No action or inaction of the City shall constitute or be construed to be an explicit and specific assurance of safety or assistance. The City may inspect the site at any time. Licensee’s use of Weed Street to transport food or beverages to the portion of the License Area next to the Court Street Parking Garage is subject to all applicable laws, and terms requiring indemnification and defense, liability, and insurance in paragraphs 7, 9, and 10 shall apply to such use. 11. The Licensee further agrees to have said area included in their business operations and liability insurance coverage and to add the City as an additional insured for the premises and property or provide other insurance coverage acceptable to the City. If alcohol is served on the License Area, Licensee shall include the City as an additional insured on its liquor liability insurance. 12. The City’s Building Commissioner or the Building Commissioner’s agents may revoke the license for violation of the terms and conditions of this license. The City reserves the right at any time to immediately upon notice to Licensee or posting of notice at the site terminate and cancel this license prior to its expiration for any cause as determined in the best interests of the City, and all rights granted hereunder shall immediately terminate and cease and the City shall not be held liable by reason thereof. 13. This License is not transferable or assignable and Licensee shall be responsible for any uses permitted hereunder. Licensees shall supervise and observe any and all use of the License Area during the License period and shall be solely responsible for the Use of the License Area during the term hereof. 14. Service of alcoholic beverages out-of-doors in the License Area shall require a separate license from the Licensing Board and any appropriate State approvals. 15. Said tables and chairs shall not interfere with accessible path of travel for handicapped individuals, per the Americans with Disabilities Act and all other applicable laws and regulations. 16. Signs shall not be permitted except in accordance with City’s Sign Ordinance. 17. All applicable federal, state, and City policies, orders, regulations and ordinances, as amended, shall remain in full force and effect, and Licensee shall comply with same. 18. Licensee agrees to abide by its terms and conditions and acknowledges that said license may be revoked by the City for breach of any condition contained therein. 19. A signed copy of this License transmitted by facsimile, scan, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original. 20. This Amended and Restated License to Encroach on Public Property and Indemnification amends and restates in its entirety the License Agreement and constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all agreements, whether written or oral, between the parties concerning such subject matter. APPROVED; adopted. President Ossing declared the vote 7-1-1..”

Read it in the official minutes, page 29 (PDF)

“Motion by Councilor Brown, to move the recommendation of the Legislative & Legal Affairs Committee to approve the following, seconded by the Chair: ORDERED Amended and Restated License to Encroach on Public Property and Indemnification WHEREAS, Flying Dreams Brewing Co., LLC d/b/a Flying Dreams Brewery Co. (the “Licensee”), duly incorporated in the Commonwealth of Massachusetts with a principal place of business at 277 Main Street, Marlborough, MA, operating a brewery including retail sales for serving the beer brewed on-site known as Flying Dreams Brewery Co. located at 277 Main Street, Marlborough, MA 01752 (being a portion of Assessors Map 69 Parcel 382) desires to use a portion of the sidewalk and/or parking spaces fronting said 277 Main Street, Marlborough, MA 01752 (on the Rawlins Avenue side) for table service of food and/or beverages (hereinafter, “License Area”); and WHEREAS the City of Marlborough (hereinafter, the “City”) wishes to allow Licensee to use the License Area for table service of food and/or beverages; WHEREAS, City and Licensee previously entered into a License to Encroach on Public Property (Council Order No. 19-1007737) and a temporary license to encroach during COVID-19 (collectively, the “License Agreement”), and City and Licensee desire to amend and restate the License Agreement by entering into this Amended and Restated License to Encroach on Public Property and Indemnification; and WHEREAS the License Area is owned by and/or within the public way of the City; NOW, THEREFORE, the City of Marlborough, by and through its Mayor and City Council (hereinafter, “the City”), grants to the Licensee permission to use the License Area for the limited purpose of outdoor dining on food and/or beverages associated with the Licensee and to place tables and chairs thereon for said purpose, and for no other purpose, under the terms and conditions stated below (hereinafter, “the license” or “this license”): 1. The License Area is identified in its approximate location on the plan attached hereto as Exhibit “A,” which exhibit is made a part hereof. 2. The license shall be effective from the date of approval by the City for a one (1) year term. Thereafter, subject to terms and conditions of this license, the license shall run from year to year. 3. Licensee shall not allow any use of the tables and chairs in the License Area after 10:00 PM. Licensee shall be responsible for snow and ice removal if Licensee places tables and/or chairs on the License Area when snow or ice is present. Licensee shall incorporate improved lighting and barricades to protect seating which may be in the parking space portion of the License Area as recommended by the Police Chief. 4. Licensee acknowledges that this license is not a grant of interest in the License Area or in any other portion of City property. 5. Licensee acknowledge that this license is exclusive to Licensee and that no other person(s) or entity(ies) has the permission of the City to utilize the License Area for any purpose other than for dining on products purchased at the Licensee. This License (including paragraphs 5 and 6) shall not prohibit dining on food from sources other than the Licensee so long as it is in conjunction with dining on beverages/food purchased at the Licensee. 6. Licensee agrees that it shall not allow loitering or other use of the License Area which is not related to dining on products purchased at the Licensee. 7. Licensee agrees to indemnify, defend, and hold harmless the City, their officers, employees and agents from and against all suits, actions or claims, civil or criminal, of any character brought because of any injury or damage received or sustained by any person, persons or property arising out of, or resulting from the existence of any obstruction or defect in the public way abutting the License Area or in the License Area, or arising out of, or resulting from any asserted negligent or intentional act, error or omission of Licensee or its agents, servants or employees, occurring in the performance of the Licensee to place tables and chairs upon License Area and to allow the utilization by third parties of said License Area, or Licensee’s use of the License Area or any related act or omission of any representative, agent, invitee, customer, patron, agent, employee, or guest of Licensee. The indemnification required hereunder shall not be limited by reason of the specifications of any particular insurance coverage of the Licensee. 8. Licensee shall return the License Area to the same condition and degree of cleanliness or better than it was in prior to the commencement of the use promptly at the expiration or termination of this License (reasonable wear and tear excepted), be responsible for any repairs or clean-up costs required as a result of Licensee’s use of the License Area, and remove any item of property left or placed in or on the License Area by Licensee promptly at the expiration or termination of this License. 9. The City shall be under no liability for any damage or loss of the License Area and no claim shall be made therefore against the City. The use of the License Area is at the sole risk of the Licensee and not the City. Licensee acknowledges that they have inspected the site and are satisfied as to the suitability of the site for its purposes. No warranty or representations as to the site or its suitability for any particular purposes is made by the City. The License Area is licensed in its as is condition. No action or inaction of the City shall constitute or be construed to be an explicit and specific assurance of safety or assistance. The City may inspect the site at any time. 10. The Licensee further agrees to have said area included in their business operations and liability insurance coverage and to add the City as an additional insured for the premises and property or provide other insurance coverage acceptable to the City. If alcohol is served on the License Area, Licensee shall include the City as an additional insured on its liquor liability insurance. 11. The City’s Building Commissioner or the Building Commissioner’s agents may revoke the license for violation of the terms and conditions of this license. The City reserves the right at any time to immediately upon notice to Licensee or posting of notice at the site terminate and cancel this license prior to its expiration for any cause as determined in the best interests of the City, and all rights granted hereunder shall immediately terminate and cease and the City shall not be held liable by reason thereof. 12. This License is not transferable or assignable and Licensee shall be responsible for any uses permitted hereunder. Licensees shall supervise and observe any and all use of the License Area during the License period and shall be solely responsible for the Use of the License Area during the term hereof. 13. Service of alcoholic beverages out-of-doors in the License Area shall require a separate license from the Licensing Board and any appropriate State approvals. 14. Said tables and chairs shall not interfere with accessible path of travel for handicapped individuals, per the Americans with Disabilities Act and all other applicable laws and regulations. 15. Signs shall not be permitted except in accordance with City’s Sign Ordinance. 16. All applicable federal, state, and City policies, orders, regulations and ordinances, as amended, shall remain in full force and effect, and Licensee shall comply with same. 17. Licensee agrees to abide by its terms and conditions and acknowledges that said license may be revoked by the City for breach of any condition contained therein. 18. A signed copy of this License transmitted by facsimile, scan, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original. 19. This Amended and Restated License to Encroach on Public Property and Indemnification amends and restates in its entirety the License Agreement and constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all agreements, whether written or oral, between the parties concerning such subject matter. APPROVED; adopted..” (Motion: Brown)

Read it in the official minutes, page 31 (PDF)

“ORDERED: That the Application for Special Permit from Attorney Brian Falk, on behalf of GR Development LLC, d/b/a Washville Car Wash, for a proposed state of the art Car Wash to be located at 223 East Main Street (former Bank of America location), DENIED; adopted. Yea: 4 – Nay: 5 – Absent: 1 Yea: Preciado, Irish, Oram & Robey. Nay: Vital, Doucette, Brown, Fuccillo & Ossing Absent: Navin..”

Read it in the official minutes, page 34 (PDF)

“Motion by Councilor Fuccillo, seconded by the Chair to adopt the following: ORDERED: That the City Council reconsider the vote taken on Order No. 25-1009369C at the next City Council meeting, DOES NOT CARRY; adopted. President Ossing declared the hand count vote of five Councilors in favor..” (Motion: Fuccillo)

Read it in the official minutes, page 34 (PDF)