City Council

City of Fitchburg City Council Meeting Memorial Middle School Library 615 Rollstone Street, Fitchburg, MA The Council Meets at 7:30 o’clock p.m. May 21, 2013 I Public Forum II Report of Committee on Records III Communications from Her Honor the Mayor *************************** V. COMMUNICATIONS AND REPORTS FROM HEADS OF DEPARTMENTS VI. SPECIAL PRESENTATION Herman J. Bourque City Council Scholarships VI. ANNUAL REPORT 127-13. ANNUAL REPORT: Office of the City Clerk for the year 2010. 128-13. ANNUAL REPORT: Office of the City Clerk for the year 2011. 129-13. ANNUAL REPORT: Office of the City Clerk for the year 2012. VII. REPORTS OF COMMITTEES Appointments Committee: Oral report on the following Matters: New Appointments: Assistant City Clerk (Term to expire May 2016) Debra Vilandry Trustee of the Public Library (Term to expire January 1, 2016) Mr. Douglas M. Bowen 36 Apple Tree Hill Fitchburg, MA 01420 Tax Increment Financing Board Mr. James Hohman 68 Dailey Terrace Fitchburg, MA 01420 Mr. Paul Gauvin 44 Hemlock Drive Fitchburg, MA 01420 City Property Committee: Oral report on the following Matters: 347-06. Councillor Norman Boisvert and Councillor Thomas Conry to take up for deliberation and consideration all of Ch. 14 of the Code of the City of Fitchburg and seek possibilities and adoption of rules to allow an outside real estate agency to facilitate the speedy sale of excess property owned by the City of Fitchburg. 67-07. Councillor Thomas J. Conry, to declare 48 Elm St. (former Fire Alarm Building) surplus property and have the City dispose of same. 137-08. Thomas Szocik, Fitchburg Redevelopment Authority, and David Streb, Planning Coordinator, to discontinue & abandon as a public street or way, a portion of Cherry St. between Snow St. & North St. as shown on the enclosed map. 06-10. Santiago Fernandez, to use property at 28 Oliver St. Parcel ID 43 10 0 to transfer business of United Walls Systems LLC from Leominster as Outlined in enclosed petition. 217-11. Councillor Joel Kaddy, to add lots W-11-B and W-9-0 known as the Lagoon to the mill overlay district. Finance Committee: 114-13. ORDER: That the City of Fitchburg approves the expenditure of funds from the MA Clean Energy Technology Center Grant (MassCEC) in the approx. amount of $60,000. (Be Adopted) 115-13. ORDER: Transfer $37,100, from WATER CAPITAL SYSTEM IMPROVEMENTS to accounts as follows: $15,100 to WATER PERSONAL SERVICES and $22,000 to WATER PERSONAL SERVICES OVERTIME. (Be Adopted) 116-13. ORDER: That the City of Fitchburg approves the expenditure of the remaining funds totaling $27,137.20 from the Helmi Johnson Fund, for the security system at the front entrance of the Fitchburg Senior Center. (Be Adopted) 117-13. ORDER: Appropr. $42,565, same to be credited to BUILDING-TRAFFIC SIGNALS EXPENSE and charged against AVAILABLE FUNDS. (Be Adopted) Planning Board: 029-13. Councillor Thibault-Munoz, to request the addition to the existing City Code ch. 181 Zoning sec. 181.313 Table of Principle Use Regulation subsection B., as outlined in the enclosed Petition. (Raising and keeping of poultry of six (6) or less for use by residents of the premises with a parcel of five acres or less) (Suggests Numerous Amendments) 073-13. Councillor DiNatale and Councillor Tran, to adopt a moratorium on Medical Marijuana Treatment Centers as outlined in the enclosed Ordinance. (In Favor) VIII. RECESSED HEARING 029-13. Councillor Thibault-Munoz, to request the addition to the existing City Code ch. 181 Zoning sec. 181.313 Table of Principle Use Regulation subsection B., as outlined in the enclosed Petition. (Raising and keeping of poultry of six (6) or less for use by residents of the premises with a parcel of five acres or less). IX. PUBLIC HEARINGS 073-13. Councillor DiNatale and Councillor Tran, to adopt a moratorium on Medical Marijuana Treatment Centers as outlined in the enclosed Ordinance. 103-13. Fitchburg Planning Board and Robert Lanciani, Building Commissioner, to amend Chapter 181.33 of the Code of the City of Fitchburg (Home Occupation) as outlined in the enclosed petition. X. ORDERS 130-13. ORDER: Mayor’s Fiscal Year 2014 Operating Budget: General Fund: $103,672,069 Airport: $ 948,188 Wastewater: $ 10,505, 490 Water: $ 5,584,000 131-13. ORDER: Approp. $700,000, same to be credited to the FY2014 TAX LEVY and charged against OVERLAY SURPLUS. 132-13. ORDER: Transfer $150,000 to the Fiscal Year 2014 TAX LEVY from TREASURER-DEBT SERVICES FY13. 133-13. ORDER: Appropr. $580,000, same to be credited to the Fiscal year 2014 TAX LEVY and charged against the STABILIZATION FUND. 134-13. ORDER: Approp. $170,000, same to be credited to the Fiscal Year 2014 TAX LEVY and charged against AVAILABLE FUNDS. 135-13. ORDER: Approp. $214,155, same to be charged against PARKING METER/GARAGE RECEIPTS and credited to Fiscal Year 2014 accounts as follows: Treasurer Personal Services: $ 76,155 Treasurer Expenses: $138,000 136-13. ORDER: Appropr. $55,000, charging $40,000 against CEMETERY PERPETUAL CARE and $15,000 against CEMETERY SALE OF LOTS AND GRAVES and crediting Fiscal Year 2014 accounts as follows: Cemetery Personal Services: $45,000 Cemetery Expenses: $10,000 137-13. ORDER: Appropr. $948,188, same to be charged against AIRPORT RECEIPTS RESERVED and credited to Fiscal Year 2014 Airport Fund accounts as follows: Personal Services: $195,648 Expenses: $752,540 138-13. ORDER: Appropr. $10,505,490, same to be charged against WASTEWATER ENTERPRISE FUND RECEIPTS and credited to Fiscal Year 2014 Wastewater Enterprise Fund Accounts as follows: Personal Services: $2,349,132 Expenses: $3,063,000 Indirect Costs: $ 890,000 Debt Service: $2,893,358 Capital Expenses: $ 310,000 Reserve for Debt Service: $1,000,000 139-13. ORDER: Appropr. $5,584.000, charging $5,479,000 against WATER ENTERPRISE FUND RECEIPTS and $105,000 against WATER ENTERPRISE RETAINED EARNINGS and crediting Fiscal Year 2014 Water Enterprise Fund accounts as follows: Personal Services: $1,315,117 Expenses: $1,294,652 Indirect Costs: $ 750,000 Debt Service: $1,945,231 Capital Expenses: $ 279,000 140-13. ORDER: That the City of Fitchburg is authorized to establish an “Animal Control Revolving Fund” for Fiscal Year 2014 pursuant to MGL Chapter 44, Section 53E ½, in accordance with the enclosed specifications. 141-13. ORDER: That the City of Fitchburg is authorized to establish a “Civic Days Revolving Fund” for Fiscal Year 2014 pursuant to MGL Chapter 44, Section 53E ½, in accordance with the enclosed specifications. 142-13. ORDER: That the City of Fitchburg is authorized to establish a “Communications Tower and Equipment Maintenance/Replacement Revolving Fund” for Fiscal Year 2014 pursuant to MGL Chapter 44, Section 53E ½, in accordance with the enclosed specifications. 143-13. ORDER: That the City of Fitchburg is authorized to establish a “Demolition Revolving Fund” for Fiscal Year 2014 pursuant to MGL Chapter 44, Section 53E ½, in accordance with the enclosed specifications. 144-13. ORDER: That the City of Fitchburg is authorized to establish a “Public Health Sustainability Revolving Fund” for Fiscal Year 2014 pursuant to MGL Chapter 44, Section 53E ½, in accordance with the enclosed specifications. 145-13. ORDER: That the City of Fitchburg is authorized to establish a “Police Department Traffic Revolving Fund” for Fiscal Year 2014 pursuant to MGL Chapter 44, Section 53E ½, in accordance with the enclosed specifications. 146-13. ORDER: That the City of Fitchburg is authorized to establish a “Public Cemetery Revolving Fund” for Fiscal Year 2014 pursuant to MGL Chapter 44, Section 53E ½, in accordance with the enclosed specifications. 147-13. ORDER: That the City of Fitchburg is authorized to establish a “Public Library Revolving Fund” for Fiscal Year 2014 pursuant to MGL Chapter 44, Section 53E ½, in accordance with the enclosed specifications. 148-13. ORDER: That the City of Fitchburg is authorized to establish a “Senior Center Activities Revolving Fund” for Fiscal Year 2014 pursuant to MGL Chapter 44, Section 53E ½, in accordance with the enclosed specifications. 149-13. ORDER: That the City of Fitchburg is authorized to establish a “Sidewalk Revolving Fund” for Fiscal Year 2014 pursuant to MGL Chapter 44, Section 53E ½, in accordance with the enclosed specifications. 150-13. ORDER: That the City of Fitchburg is authorized to establish a “Stormwater Maintenance Revolving Fund” for Fiscal Year 2014 pursuant to MGL Chapter 44, Section 53E ½, in accordance with the enclosed specifications. 151-13. ORDER: Appropr. $6,000, same to be credited to CIVIC DAYS and charged against AVAILABLE FUNDS. 152-13. ORDER: That the City of Fitchburg hereby approves the expenditure of funds from the MA Executive Office of Public Safety and Security, FY13 Pedestrian Safety Grant, in the approx. amount of $5,000, for the purposes of said grant. 153-13. ORDER: Transfer $30,000 to EMPLOYER’S FICA from UNEMPLOYMENT COMPENSATION. 154-13. ORDER: Transfer $20,000 from UNEMPLOYMENT COMPENSATION to the following MGL chapter 41, section 100 accounts: $10,000 to POLICE MEDICAL and $10,000 to FIRE MEDICAL. 155-13. ORDER: Transfer $30,000 from DPW-HIGHWAY GENERAL PERSONAL SERVICES to accounts as follows: $20,000 to DPW-HIGHWAY GENERAL EXPENSES and $10,000 to DPW-MUNICIPAL GARAGE EXPENSES. 156-13. ORDER: That the City of Fitchburg approves the expenditure of $2,000 from the Henry Coggshall Trust Fund to construct an accessible Ramp to the Patio behind the Coggshall Stone House. 157-13. ORDER: That the City of Fitchburg approves the expenditure of funds from the MA Dept. of Public Health, for the Health-Opioid Abuse Prevention Collaborative Grant, in the approx. amount of $700,000, for the purposes of said grant. XI. ORDERS-OTHER 158-13. ORDER: Discontinuing and abandoning a portion of Highland Avenue from its intersection with Holman Street to its intersection with Ross St. (Ref. Petition #011-13) 159-13. ORDER OF NOTICE: Abandoning and discontinuing as a public way a portion of Cherry Street from its intersection with Snow St. to its intersection with North Street. (Ref. Petition #137-08) (Public Hearing June 18, 2013)  XII. ORDINANCE 160-13. AN ORDINANCE: Amending Chapter 138 of the Code of the City of Fitchburg as enclosed. (Ref. Petition #063-13) (First Reading) XIII. SPECIAL PERMIT 161-13. SPECIAL PERMIT PETITION: Fitchburg Acquisition Sub, LLC, to redesign and expand the existing Water park at 150 Royal Plaza Drive, Map S53, Block 8, Lot 0. (Public Hearing June 18, 2013) XIV. PETITIONS 162-13. Jay D. Bry, V.P. of Finance and Administration, Fitchburg State University, to discontinue a portion of Highland Avenue and discontinue a potion of Ross St. as outlined in the enclosed petition. (City Property Committee, Planning Board, Building Commissioner, Public Works Committee) 163-13. Councillor Joel Kaddy, to rezone Water St. on the West side from Wanoosnoc Rd. to the Leominster Line. (Planning Board and Public Hearing July 16, 2013)) 164-13. Councillor Joel Kaddy, to declare 44 Wanoosnoc Road as Surplus. (City Property Committee) 165-13. Fitchburg Board of Health, to approve the Intermunicipal Agreement between municipalities participating in the Montachusett Public Health Network (11 Cities and Towns) desiring to share key public health services and the costs associated with these services. (Finance Committee) Next Regular Meeting Tuesday, June 4, 2013