2026-09-28 - City Council

0:03Good evening everyone. I'll call the

0:04city council to order at 8:00 on Monday

0:07evening, September 28th, 2026. This

0:10meeting is being recorded. Please join

0:12me in the pledge of allegiance.

0:14>> I pledge allegiance to the flag of the

0:17United States of America and to the

0:19republic for which it stands, one nation

0:22under God, indivisible, with liberty and

0:26justice for all.

0:28>> Thank you. We have nine items on this

0:31evening's agenda and I'll ask the clerk

0:33to please read agenda item number one.

0:36>> Minutes of the city council meeting,

0:37September 14th, 2026.

0:39>> Mr. President, I'd like to make a motion

0:41to accept and place on file the minutes.

0:43>> Motion's made and seconded to accept and

0:45place on file the minutes. Any

0:46discussion on the motion?

0:48Seeing none, all those in favor?

0:50Opposed? The meeting minutes are filed

0:52and the vote is 10-0. Agenda item two.

0:56>> Now is the time for the continued public

0:57hearing on the petition of Mass Electric

0:59and Verizon to install one joint owned

1:00pole on Hildreth Street, beginning at a

1:02point approximately 276 ft west of the

1:05center line of at the intersection of

1:06Hildreth Street and Church Street and

1:08continuing approximately 14 ft in north

1:10direction. National Grid is proposing to

1:11install a new 45-ft mid-span pole, class

1:14H1, on Hildreth Street. The pole to be

1:16labeled P

1:17850, order number 26-19796B.

1:21And in addition, we have a communication

1:23from Mass Electric and Verizon with a

1:25request to withdraw the petition for

1:26Hildreth Street.

1:27>> Councilor Ficillo.

1:28>> Thank you, Mr. President. As the clerk

1:30can mention, we did receive

1:31correspondence from National Grid and

1:33they're planning to redesign the plans

1:35to avoid a mid-pole install on Hildreth

1:37Street. And with that, move to withdraw

1:39the petition without prejudice.

1:41>> Motion's made and seconded to withdraw

1:43the petition without prejudice. Any

1:45discussion on the motion?

1:47Seeing none, all those in favor?

1:48Opposed? The petition is withdrawn

1:51without prejudice and there is no need

1:53for public hearing and it's approved by

1:55by vote of 10-0. Agenda item three.

1:58>> Communication from Councilors Ossining

1:59and Nevin regarding municipal

2:00aggregation September 2026 update.

2:03>> Councilor Nevin.

2:04>> Thank you very much, Mr. President. It

2:05is time for our quarterly update

2:07regarding the municipal aggregation

2:09program.

2:10Councilors, you have before you the

2:11letter that shows some updates. The good

2:13news for those watching at home is once

2:15again, we do have a savings this

2:17quarter. The second quarter the savings

2:19was approximately $85,000.

2:21If you guys are paying attention at

2:23home, that is a fairly significant

2:26decrease from what we've seen in

2:27previous quarters.

2:28And that is because I have

2:31as I have explained previously, the

2:33day-ahead ancillary service charges,

2:36which is what the utilities pay the

2:38generators to keep going during the

2:39winter, was a surcharge that we did not

2:42expect to be so high. And so, working

2:44with our friends at Colonial Power, we

2:45were able to

2:47increase that price a little bit while

2:48still keeping it below the national grid

2:50average. So, we are still seeing a

2:51savings while still making our

2:53commitment. The good news here is that

2:56it is still lower than the summer rate.

2:58And then, as we look ahead to the winter

2:59rate, it is

3:00significantly lower than the winter rate

3:01while still making sure that those daisy

3:03charges are met. So, we expect to have

3:06some good news in the future. As a

3:07reminder,

3:08um

3:10all of the power that comes from this

3:11contract, so everyone who participates

3:13in this program is buying 100% renewable

3:15energy. And to date, this program has

3:18saved people who have participated

3:20over $38 million. And with that, I'll

3:22make a motion to accept and place on

3:25file.

3:25>> Motion made and seconded to accept and

3:27place on file the communication. Any

3:29discussion on the motion?

3:31Seeing none, all of those in favor,

3:32opposed? The motion carries. This item

3:35will be filed, and the vote is 10-0.

3:37Agenda item four.

3:39>> Communication from the mayor regarding

3:40proposed salary ordinance amendment

3:41pursuant to chapter 125 personnel

3:43section six salary schedule relative to

3:46the position of emergency management

3:47director.

3:48>> Councilor Arons.

3:48>> Thank you, Mr. President. Motion to be

3:50referred to the finance committee,

3:51please.

3:51>> Motion's made and seconded to refer to

3:53the finance committee. Any discussion on

3:55the motion?

3:56Seeing none, all those in favor?

3:58Opposed? The item is going to finance

4:00committee and the vote is 10-0. Agenda

4:03item number five, communication from the

4:05mayor regarding certification of free

4:06cash in the amount of $9,511,728

4:10in addition to a transfer request from

4:12the undesignated fund to the West Side

4:14fire station in the amount of $74,000.

4:17Councilor Irish.

4:18>> Thank you, Mr. President. I'd like to

4:19thank our Diane Smith as well as

4:21Comptroller Brian Doherty

4:23for getting the certification in a

4:24timely manner. I'd also like to mention

4:27to the city council with this

4:29certification of free cash,

4:31we can anticipate some transfer in the

4:33future for OPEB

4:35undesignated stabilization account as

4:38well as some capital bond projects.

4:40Going further into the future, possible

4:43snow and ice removal.

4:45And these are just following the

4:47financial policies of the city. With

4:49that said, I'd like to make a motion to

4:51approve the transfer in the amount of

4:53$74,000

4:55from free cash to the

4:57to the fire station stabilization

4:59account, please.

5:01>> Motion made and seconded to approve the

5:03transfer of the $74,000

5:05from the free cash to the West Side fire

5:08station stabilization account. Council,

5:10you'll recall this

5:12the developer sent this check in after

5:15close to the end of the year, so it was

5:16too late to do anything.

5:18That's why you're seeing it now. This is

5:19part of the mitigation payment for the

5:22second building. They paid the 50,000

5:25for the first one already. This is the

5:26second building, the one they're

5:28actually renovating, the 74 units that

5:30they're renovating. 74 * 1,000 gets you

5:32to your $74,000.

5:34So, motion made and seconded to approve

5:37the transfer of $74,000 to the West Side

5:40fire stabilization account. Any

5:42discussion on the motion?

5:44Seeing none, all All in favor? Opposed?

5:46Motion carries, The transfer is approved

5:48and the vote is 10-0.

5:50Agenda item number six.

5:52>> Communication from City Solicitor Jason

5:53Grosfeld regarding request for executive

5:55session regarding Arthur J. Gutierrez,

5:57Jr. and Gloria M. Gutierrez, trustees of

6:00the Marlborough-Northborough Land Realty

6:01Trust and the Gutierrez Company versus

6:03the City of Marlborough.

6:04>> Councilor Robey, you want to move this

6:06to the end of the agenda?

6:08>> Thank you, Mr. President. Yes, I will

6:09move this item to the end of the agenda.

6:13>> Motion made and seconded to move this

6:14item to the end of our agenda. Any

6:16discussion on the motion?

6:18Seeing none, all those in favor?

6:19Opposed? The item carries. This will be

6:21moved to the end of our agenda and the

6:23vote is 10-0.

6:25Agenda item number seven.

6:26>> Communication from Attorney Paul D.

6:27Momnie on behalf of BH Group T-Cam Owner

6:30of Owner LLC and BH Group T-Cam Owner

6:33Two LLC, affiliates of Great Land Realty

6:35Partners regarding proposed master

6:37concept plan and mass proposed master

6:39development agreement of the campus at

6:41Marlborough, Simarano Drive and Martin

6:43Angelo Drive.

6:44>> Councilor Robey.

6:45>> Thank you, Mr. President. So, step two

6:47on campus development, I'll move to

6:49refer this to Urban Affairs Committee,

6:51please.

6:52>> Motion made and seconded to refer this

6:53item to the Urban Affairs Committee. Any

6:55discussion on the motion?

6:57Seeing none, all those in favor?

6:59Opposed? This item is going to Urban

7:00Affairs and the vote is 10-0. Agenda

7:03item number eight.

7:04>> Application for junk dealer second hand

7:05dealer license by Jordan Sedoff DBA

7:08Roadshow Concepts LLC, 1415 West 22nd

7:12Street, number 950, Oak Brook, Illinois

7:15for events to be held monthly in the

7:16City of Marlborough.

7:18>> Councilor Picillo.

7:18>> Thank you, Mr. President. Move to refer

7:20to the Public Services Committee.

7:22>> Motion is made and seconded to refer

7:24this item to the Public Services

7:25Committee. Any discussion on the motion?

7:28Seeing none, all those in favor?

7:30Opposed? The item carries. This is going

7:32to Public Service and the vote is 10-0.

7:35Agenda item number nine.

7:36>> Minutes of boards, commissions, and

7:37committees.

7:38>> Mr. President.

7:38>> Councilor Doucette.

7:40>> Thank you very Mr. President. Motion to

7:42accept and place on file minutes of the

7:44Planning Board.

7:44>> Motion made and second accept and place

7:46on file the minutes. Any discussion on

7:48the motion?

7:49Seeing none, all those in favor.

7:51Opposed. Motion carries. The minutes

7:53will be filed and the vote is 10-0.

7:56Reports of committees, Councilor Irish.

7:59>> Thank you, Mr. President. Uh Finance

8:01Committee met on September 21st, 2026.

8:05Uh meeting convened at 6:30 p.m. We had

8:07one item on the agenda that evening. Uh

8:10order number 26-109828.

8:14Uh communication from the mayor draft

8:16into uh municipal agreement with the

8:18town of Holbrook uh for the purpose of

8:20regionalizing our dispatch operations

8:22with a proposed implementation date of

8:25July 2028.

8:27On a motion by Councilor Ficillo,

8:29seconded by the chair, the committee

8:31recommends approval of the of order

8:33number 26-109828

8:36authorizing the mayor to enter into an

8:39intermunicipal agreement uh for the fire

8:41and police dispatch services between the

8:43city of Marlborough and the town of

8:45Holbrook and to amend chapter 133-9

8:49and inserting a new section 133-9F

8:52to read as follow. Uh section F noting

8:56uh nothing in section 133-9

8:59shall be deemed to limit the ability to

9:01regionalize the dispatch services of the

9:03city including but not limited to an any

9:06associated location of the facility for

9:08public safety communication center uh

9:11PSAP or other communication centers and

9:14modifications to staffing or

9:16reorganizations

9:17of the Police Department. The vote

9:19carried 4-1. Uh Councilor Oram opposed.

9:22Uh the meeting adjourned at 7:30 p.m.

9:25Mr. President, that is the end of my

9:26report. Thank you.

9:27>> Thank you, Councilor Irish. Any other

9:29reports of committees? Councilor Robey.

9:31>> Thank you, Mr. President. I'm just going

9:32to do a public service announcement.

9:34Urban Affairs is meeting tomorrow at

9:367:30. We're taking up 36 Jefferson

9:39Street for their special permit and also

9:42Boston Bruins for their seven brew

9:44drive-thru.

9:46>> Any other reports of committees?

9:49Reports of committees? Hearing none,

9:51we'll take up the item we moved to the

9:52end of the agenda, item number six.

9:55>> Move that the Marlborough City Council

9:56meet in executive session under purpose

9:58three of the open meeting law,

9:59Massachusetts General Law chapter 30A

10:01section 21A3 to discuss strategy with

10:03respect to litigation if an open meeting

10:06may have a detrimental effect on the

10:08litigating position of the public body

10:10regarding the matter depending matter

10:12Arthur J. Gutierrez Jr. and Gloria M.

10:14Gutierrez trustees of the Marlborough

10:15Northborough Land Realty Trust and the

10:17Gutierrez company versus the City

10:19Council for the City of Marlborough et

10:21al. As the chair hereby declares that

10:23discussion in an open session may have a

10:25detrimental effect on the city and the

10:26city council's litigating position. The

10:29City Council will not reconvene in open

10:31session after the executive session.

10:33>> Councilor Robey.

10:34>> Thank you, Mr. President. Move the order

10:36as just read by the city clerk and we

10:38will not reconvene.

10:40>> Motion made and seconded to move the

10:42order to send the City Council into

10:44executive session and we will not

10:46reconvene. This is a roll call vote. I

10:48will ask the clerk to please call on the

10:50roll.

10:51>> Councilor Irish.

10:52>> Yes.

10:53>> Councilor Oram.

10:54>> Yes.

10:54>> Councilor Gould.

10:55>> Yes.

10:56>> Councilor Vidal.

10:57>> Yes.

10:57>> Councilor Doucette.

10:58>> Yes.

10:59>> Councilor Sargent is absent. Councilor

11:01Naven.

11:01>> Yes.

11:02>> Councilor Preciado.

11:03>> Yes.

11:04>> Councilor Fuchillo.

11:05>> Yes.

11:05>> Councilor Ossing.

11:06>> Yes.

11:07>> Councilor Robey.

11:08>> Yes.

11:08>> 10 yay, one absentee.

11:10>> The motion to go into executive session

11:12carries by a vote of 10 in favor, none

11:14opposed. The City Council will now go

11:17into executive session. We'll have clear

11:18out the uh City Hall

11:21uh City Chamber rather. Uh with that uh

11:24we'll go into executive session. So,

11:26I'll ask the folks in the City Chamber

11:28to please leave.

11:32>> Two months.