City Council

CITY OF FITCHBURG MASSACHUSETTS CITY COUNCIL CALENDAR June 6, 2017 7:00PM Memorial Middle School Library 615 Rollstone Street Fitchburg MA 01420 WELCOME TO THE FITCHBURG CITY COUNCIL! This is intended to help you understand the meeting format and assist you with the rules of the Council as they pertain to your participation. All meetings of the Fitchburg City council are open to the public. This does not mean that the public participates in all aspects of the meeting. It simply means that the meeting itself, including all discussions and votes, is open for public view. Executive Session The only time a Council meeting can be closed to the public is when the Council votes for Executive Session in order to discuss sensitive matters in private, such as pending litigation. Any votes taken however, must be taken in open session. OPPORTUNITIES FOR THE PUBLIC TO SPEAK DURING A COUNCIL MEETING: Public Forum The Public Forum occurs immediately following the Pledge of Allegiance. The President will ask if anyone in the audience wishes to speak on any matter appearing on the Agenda. If you wish to address the Council, you must stand and be recognized and follow these rules before speaking: 1. State your name and address. 2. Approach the center table and either stand or sit. This allows you to be seen and heard clearly by everyone in attendance. 3. You may speak only on items appearing on the agenda for no more than (2) minutes. Copies of the agenda are available on the center table prior to the meeting. 4. Please state the petition, order, ordinance, or resolution number to which you refer. Public Hearings Public hearings are held on various issues such as Special Permits and Zoning changes. The same rules apply with the following exceptions: 1. You must stand and be recognized either “in favor” or “in opposition” when asked by the Council President. 2. You need not refer to the petition number. If you have any questions or comments either before or after the meeting, any Councillor would be happy to assist you. Thank you for your interest!  I. PUBLIC FORUM II. REPORT OF COMMITTEE ON RECORDS III.COMMUNICATION-HIS HONOR THE MAYOR Appointment Letters: 1. Appointment of Permanent Reserve Police Officers: Brian M. Withington Sarrah N. Wing Mark R. Kaddy Kelton R. Stacy 2. Appointment of Mr. Jorge Rodriguez as a member of the Fitchburg Council on Aging for a 3 year term scheduled to expire on June 1, 2020. 3. Appointment of Mr. Peter Capodagli as a member of the Planning Board for a 5 year term scheduled to expire on June 1, 2022. 4. Appointment of Ms. Jeanne Survell as an Associate member of the Zoning Board of Appeals for a 2 year term scheduled to expire on June 1, 2019. 5. Appointment of Ms. Susan Davis as Director of Human Resources for a term to expire on January 1, 2019. 6. Temporary appointment of Mr. John Morreale as Interim Building Commissioner effective June 3, 2017 until a successor is appointed and qualified, which is scheduled before Appointments Committee on June 6, 2017. IV.REPORTS OF COMMITTEES Appointments Committee Oral Report Meeting of June 6, 2017, 6:45 PM New Appointments: Interim Executive Director of Community Development (To fill the vacancy of Mr. Larry Cassasa, until a qualified permanent appointment is confirmed) Ms. Elizabeth Murphy Building Commissioner (Term to expire June 7, 2020) Mr. Mark A. Barbadoro Re-Appointment: Member of the Fitchburg Disability Commission (Term to expire June 1, 2018) Ms. Sharon Tardiff Finance Committee Meeting of May 23, 2017, 6:00 PM 143-17. ORDERED THAT: There be and hereby is appropriated the sum of TWO HUNDRED THOUSAND ONE HUNDRED NINETY-SEVEN DOLLARS ($200,197), same to be charged against AVAILABLE FUNDS and credited to the following Fiscal Year 2017 Personal Services accounts: Police Personal Services $193,100 Other Benefits $ 7,097 (Be Adopted) 105-17. ORDERED THAT: The City of Fitchburg hereby approves the expenditure of funds from the U.S. Department of Justice Edward J. Byrne Memorial Justice Assistance Grant program (JAG), administered by the Commonwealth’s Executive Office of Public Safety and Security, in the approximate amount of $49,881.15 for the purpose of said grant. (Be Adopted) 124-17. ORDERED THAT: The City of Fitchburg hereby approves the expenditure of funds from the Pedestrian Safety grant awarded by the Commonwealth of Massachusetts Executive Office of Public Safety and Security Office of Grants and Research Highway Safety Division in the approximate amount of $3,061.28 (THREE THOUSAND SIXTY- ONE AND 28/100 DOLLARS) for purposes of said grant. (Be Adopted) 126-17. ORDERED THAT: The City of Fitchburg hereby approves the expenditure of funds from the Massachusetts Executive Office of Public Safety and Security, Office of Grants and Research, Highway Safety Division in the approximate amount of $4,950.63 (FOUR THOUSAND, NINE HUNDRED FIFTY AND 63/100 DOLLARS) for the purpose of said grant. (Be Adopted) 106-17. ORDERED THAT: Pursuant to the Municipal Modernization Act effective November 7, 2016, the City of Fitchburg hereby accepts General Laws Chapter 40, Sections 22A- 22C, which establishes a Receipts Reserved for Appropriation special revenue fund to reserve parking meter or lot revenues for appropriation for parking and traffic regulation activities. (Be Adopted) 107-17. ORDERED THAT: The City of Fitchburg hereby accepts General Laws Chapter 44, Section 53F 3/4, which establishes a special revenue fund known as the PEG access and Cable Related Fund, to reserve cable franchise fees and other cable-related revenues for  appropriation to support PEG access services and oversight and renewal of the cable franchise agreement, the fund to begin operation for fiscal year 2018, which begins on July 1, 2017; and pursuant thereto, effective July 1, 2017, the City hereby transfers to the PEG Access and Cable Related Fund the remaining balance in the Cable-Gift account in the approximate amount of $100,743.88 (ONE HUNDRED THOUSAND SEVEN HUNDRED FORTY-THREE AND 88/100 DOLLARS thereby closing the Cable-Gift account. (Be Adopted) 113-17. AN ORDINANCE: the City of Fitchburg hereby amends the City’s general ordinances by adding a new section to establish and authorize revolving funds for use by certain City departments, boards, committees, agencies, or officers under Massachusetts General Laws Chapter 44, Sec. 53E½ as follows: DEPARTMENTAL REVOLVING FUNDS as outlined in the enclosed Ordinance. (Be Adopted – FINAL READING) 125-17. ORDERED THAT: The City of Fitchburg hereby approves the expenditure of funds from the Massachusetts Department of Transportation’s Municipal Small Bridge Program in the approximate amount of $130,000 (ONE HUNDRED THIRTY THOUSAND AND 00/100 DOLLARS) for the purpose of said grant. (Be Adopted) 156-17. PETITION: Jaquelyn Poirier, Cemetery Superintendent, to amend Chapter 44, Section 10 of the Code of the City of Fitchburg by inserting: Effective 5/1/2017, Parks/Cemetery Temporary Seasonal Laborer: $13.00 (Be Granted) 127-17. ORDERED THAT: The City of Fitchburg hereby approves the expenditure of funds from the Massachusetts Executive Office of Energy and Environmental Affairs, Department of Energy Resources, 2016 Green Community Designation Grant in the approximate amount of $306,265.00 (THREE HUNDRED SIX THOUSAND, TWO HUNDRED SIXTY-FIVE AND 00/100 DOLLARS) for the purpose of said grant. (Be Adopted) 128-17. ORDERED THAT: There be and hereby is appropriated the sum of THREE HUNDRED THOUSAND AND 00/100 DOLLARS ($300,000.00) same to be charged against AVAILABLE FUNDS and credited to STABILIZATION FUND. (Be Adopted) 129-17. ORDERED THAT: There be and hereby is appropriated the sum of THREE HUNDRED THOUSAND AND 00/100 DOLLARS ($300,000.00) same to be charged against AVAILABLE FUNDS and credited to COMMUNITY DEVELOPMENT, DEMOLITION for the purpose of demolishing various buildings within the City of Fitchburg. (Be Adopted) 130-17. ORDERED THAT: There be and hereby is appropriated the sum of SIXTY THOUSAND AND 00/100 DOLLARS ($60,000.00) same to be charged against AVAILABLE FUNDS and credited to DEPARTMENT OF PUBLIC WORKS, SNOW & ICE, PERSONAL SERVICES, OVERTIME ($30,000) and DEPARTMENT OF PUBLIC WORKS, SNOW & ICE EXPENSES ($30,000). (Be Adopted) 131-17. ORDERED THAT: There be and hereby is appropriated the sum of TEN THOUSAND DOLLARS ($10,000) same to be charged against AVAILABLE FUNDS and credited to BUILDING EXPENSES, CITY HALL RELOCATION for the purpose of relocating the Community Development offices from the Library to Boulder Drive office space. (Be Adopted) 132-17. ORDERED THAT: There be and hereby is appropriated the sum of EIGHTEEN THOUSAND AND 00/100 DOLLARS ($18,000) same to be charged against AVAILABLE FUNDS and credited to LIBRARY, BUILDING MAINTENANCE for the purpose of replacing a medium voltage switch and related electrical work at the library. (Be Adopted) 133-17. ORDERED THAT: There be and hereby is appropriated the sum of SIXTY-FIVE THOUSAND AND 00/100 DOLLARS ($65,000.00) same to be charged against AVAILABLE FUNDS and credited to COUNCIL ON AGING, BUILDING MAINTENANCE for the purpose of improving the air quality in the basement of the Senior Center. (Be Adopted) 134-17. ORDERED THAT: There be and hereby is transferred from within the sum of EIGHTEEN THOUSAND DOLLARS ($18,000) same to be transferred to WATER DIVISION PERSONAL SERVICES OVERTIME and from WATER DIVISION WATERSHED MAINTENANCE. (Be Adopted) Planning Board – Meeting of May 9, 2017 080-17. Vincent Pusateri,II, City Solicitor, to establish an ordinance controlling telecommunications development and operations in the City of Fitchburg to replace  Section 181.62 and insert in its place a new by-law as outlined in the enclosed petition. (IN FAVOR with suggested changes as listed on report) Public Works Committee Meeting of May 30, 2017, 5:00 PM 159-17. Councillors Jody Joseph and Marcus DiNatale, to inspect and if warranted, remove tree on the right side of the road coming from Electric Avenue just after 407 Mt. Elam Rd. (Be Held in Committee) 160-17. Councillors Marcus DiNatale and Amy Green, to repair a sinkhole on the sidewalk created by recent construction work next to the driveway at 236 Walton Street. (Be Granted) 114-17. City of Fitchburg Planning Board, to discontinue as a Public Way, the section of Westminster Hill Road within the “Game On” property boundary as outlined in the enclosed petition. (Be Granted) 121-17. Councillor Paul Beauchemin, to install a berm from the corner of Plymouth St. to the beginning of Reingold Ave. (Heading West, House #388 and up). (Be Amended to show that the berm will be constructed on Fairmount Street and Be Granted as Amended) 122-17. Councillor Paul Beauchemin, to repair/replace sidewalk located on 11 Home St. A pedestrian has been injured in a fall on the sidewalk. (Be Granted) 123-17. Councillor Paul Beauchemin, to install an apron at the driveway located at 1416 Clearview Ave., to prevent further water damage. Also to install a berm from 1416 Clearview Ave. to Foch Ave. because water is eroding the property. (Be Amended to clarify the address is 14 – 16 Clearview Ave. and Be Granted as Amended.) V. HEARINGS 207-15. Kenneth J. Matson, President, to accept Downy Circle, located within the Parker Hill Subdivision, as a public way. 012-17. Matson Homes, Inc. a New Hampshire Corporation, to accept Flicker Drive as a Public Way in the City of Fitchburg. 080-17. Vincent Pusateri,II, City Solicitor, to establish an ordinance controlling telecommunications development and operations in the City of Fitchburg to replace Section 181.62 and insert in its place a new by-law as outlined in the enclosed petition. 157-17. Comcast of Massachusetts, III, Inc. to install a new conduit on Boulder Drive for the purpose of providing Comcast Service to 454-280 Main Street. 158-17. Comcast of Massachusetts, III, Inc., to install a new conduit on Crescent St. and Blossom St. for the purpose of providing Comcast Service to 305 Main St. VI. ORDERS – FINANCE 161-17. ORDERED THAT: The City of Fitchburg hereby approves the expenditure of funds from the following Revolving Funds authorized by city ordinance up to the amount available in the fund or $100,000.00, whichever is less. 162-17. ORDERED THAT: There be and hereby is appropriated the sum of $37,000 same to be charged against AVAILABLE FUNDS and credited to INFORMATION TECHNOLOGY, TECH SOFTWARE. 163-17. ORDERED THAT: There be and hereby is appropriated the sum of $44,000 same to be charged against AVAILABLE FUNDS and credited to FIRE, CAPITAL EXPENDITURES, DEPARTMENT EQUIPMENT. 164-17. ORDERED THAT: There be and hereby is appropriated the sum of $200,000 same to be charged against AVAILABLE FUNDS and credited to DEPARTMENT OF PUBLIC WORKS, CAPITAL, STREET REPAIR. 165-17. ORDERED THAT: There be and hereby is appropriated the sum of $90,000 same to be charged against AVAILABLE FUNDS and credited to INFORMATION TECHNOLOGY, DATA PROCESSING ($25,000), CEMETERY EQUIPMENT, DEPARTMENTAL EQUIPMENT ($40,000) and CEMETERY EQUIPMENT, COLUBARIUM ($25,000. 166-17. ORDERED THAT: There be and hereby is appropriated the sum of $500,000 same to be charged against AVAILABLE FUNDS and credited to DEPARTMENT OF PUBLIC WORKS, CAPITAL, SALT SHED. 167-17. ORDERED THAT: There be and hereby is appropriated the sum of $225,000 same to be charged against AVAILABLE  FUNDS and credited to DEPARTMENT OF PUBLIC WORKS, CAPITAL, EQUIPMENT. 168-17. ORDERED THAT: There be and hereby is appropriated the sum of $180,000 same to be charged against AVAILABLE FUNDS and credited to SCHOOL DEPARTMENT, CAPITAL IMPROVEMENTS for the purpose of building a wheelchair lift at Reingold School ($85,000) and of upgrading the video capability of the FHS Auditorium ($95,000). 169-17. ORDERED THAT: There be and hereby is transferred from within the sum of $7,000 same to be transferred from AIRPORT EXPENSES, AVIATION FUEL and credited to AIRPORT, PERSONAL SERVICES, OVERTIME. 170-17. ORDERED THAT: There be and hereby is transferred from within the sum of $2,500 same to be transferred from ELECTION & REGISTRATION PERSONAL SERVICES, ELECTION WORKERS and credited to ELECTION & REGISTRATION EXPENSES, OFFICE SUPPLIES. 171-17. ORDERED THAT: The City of Fitchburg hereby approves the expenditure of funds from the MA Interlocal Insurance Association (MIIA) in the approximate amount of $10,000. 172-17. ORDERED THAT: There be and hereby is transferred from within the sum of $25,000 same to be transferred from DPW HIGHWAY EXPENSES, GAS & OIL and credited to DPW STREETLIGHTS, MAINTENANCE ($15,000) and DPW HIGHWAY PERSONAL SERVICES, OVERTIME ($10,000. 173-17. ORDERED THAT: The City of Fitchburg accept a donation of $50,000 from Ralph Baker, 840 Ashby West Road to provide for the management of certain property owned by the City for drinking water supply protection as a Forest Reserve. VII. ORDERS-OTHER 174-17. ORDER: Laying out Downy Circle as a public way or street. 175-17. ORDER: Laying out Flicker Drive as a public way or street. VIII. ORDINANCES 151-17. AN ORDINANCE: The Building Department fee schedule be updated by the following amendments to the City Code as outlined in the enclosed Ordinance. (Reference Petition 79-17) (Final Reading) 152-17. AN ORDINANCE: Amending section 169-76 of the City Code entitled “Stop Intersections” at the line which references in the first column “Billings Road” as outlined in the enclosed Ordinance (Re: Arn How Farm Road). (Reference Petition #265-16) (Final Reading) 153-17. AN ORDINANCE: To erect “Resident Parking Only” signs on Rogers Avenue referencing the Ch. 169-54, Section C (Re: Rogers Ave. from North St. to Lincoln St.) as outlined in the enclosed Ordinance. (Reference Petition #213-08) (Final Reading) 155-17. AN ORDINANCE: Amending the City Code regarding Mayoral appointments of Department heads and Division managers by amending Paragraph B of Section 3-4 of the City Code, titled “Mayoral Appointments” as outlined in the enclosed Ordinance. (Reference Petition 225-14) (Final Reading) 154-17. AN ORDINANCE: Establishing a resident-only parking area on Brown Avenue from Rogers Avenue to Highland Avenue. (Reference Petition #234-08) (First Reading) 176-17. AN ORDINANCE: Amending Section 21-1 through 21-10 of Chapter 21 of the Fitchburg City Code (Finances). (Reference Petition 81-2017) (First Reading) 177-17. AN ORDINANCE: Amending Chapter 14 of the Fitchburg City Code (Sale of City-Owned Real Estate). (Reference Petition 100-2017) (First Reading) 178-17. AN ORDINANCE: Amending and adding new sections to Chapter 3 of the Fitchburg City Code (Purchasing). (Reference Petition 101-2017) (First Reading) IX. PETITIONS 179-17. Comcast of Massachusetts, to request a hearing with the Fitchburg City Council to install a new underground conduit on Grove Street and Main Street to provide service to the business located at 707 Main Street. (Public Hearing June 20, 2017) 180-17. Comcast of Massachusetts, to request a hearing with the Fitchburg City Council to install a new conduit system to provide service to 49 and 50 Cobbler Drive as outlined in the enclosed petition. (Public Hearing June 20, 2017) 181-17. Councillor Marcus DiNatale, to extend the city’s self- imposed fully funded pension deadline from the year 2032 to the state mandated deadline of the year 2040 as outlined in the petition. (Finance Committee) 182-17. John M. Deline, Jr., Deputy Commissioner of Water Supply to approve attached Resolution and Order authorizing the City DPW Division of Water Supply to accept a donation of $50,000 from Ralph Baker for management of water supply watershed property as a forest reserve. (Finance Committee) 183-17. Councillor Paul Beauchemin, to change the four stop signs located at the intersections of Oak Hill Road and Franklin Road to be solar powered lighted stop signs. This would make the intersection safer. If possible, to take the cost of the four lighted stop signs out of Chapter 90 funds. (Public Safety Committee) 184-17. Councillor Joel Kaddy, to correct the water problem at 40 Cathy St. (Public Works Committee) 185-17. Councillor Michael Kushmerek, to install a berm in front of the properties located at 219 up to and including 265 Mt. Vernon St. (Public Works Committee) 186-17. Councillor Paul Beauchemin, to please repair sidewalk starting at 337 Clarendon Street & 341 Clarendon Street up to Legros Street. Sidewalk is very unsafe. (Public Works Committee) Next Regular Meeting 7:00PM, Tuesday, June 20, 2017