City Council

CITY OF FITCHBURG MASSACHUSETTS CITY COUNCIL CALENDAR September 5, 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. Re-appointment of Mrs. Diane Welch to the Board of Registrars of Voters. 2. Ms. Amanda Koeck, as an Associate Member to the Planning Board, for a 2 year term to expire September 1, 2019. 3. Mr. David Basilio, as a member of the Fitchburg Housing Authority, filling the position vacated by Mr. Mark Jackson, for a five year term to expire September 2, 2022. 4. Mr. Keith Butler, as a member of the Capital Improvements Commission, for a term to expire September 1, 2019. 5. Re-appointment of Ms. Joan Goodwin, as the Executive Director of the Fitchburg Council on Aging for a three year term to expire on June 30, 2020. 6. Ms. Josephine Wood, as a member of the Fitchburg Council on Aging for a three year term to expire September 1, 2020. 7. Ms. Susan Davis, as the Director of Human Resources for a term to begin on January 1, 2018, term to expire December 31, 2020. Ms. Davis will fill the vacancy created by Mr. Bernard Stephens, who recently retired. IV.COMMUNICATION-DEPARTMENT HEAD 1. Anne M. Cervantes, City Treasurer (5 communications regarding intention to auction property) 2. Anne M. Cervantes, City Treasurer: Re: Petition #197-17 3. Pension Reserves Investment Management Board. 4. Fitchburg Retirement System: Re: Petition #197-17. 5. Fitchburg Retirement System: Re: Petition #198-17. V.REPORTS OF COMMITTEES Planning Board Meeting of June 13, 2017 200-17. Fitchburg Planning Board, to amend the Fitchburg Zoning Ordinance as outlined in the petition. (Re: Abandonment of Non-Use). (Amend to add: “Any non-conformity as to parking shall not be increased” and be granted as amended.) VI. HEARING 200-17. Fitchburg Planning Board, to amend the Fitchburg Zoning Ordinance as outlined in the petition. (Re: Abandonment of Non-Use).  VII. ORDERS-FINANCE 214-17. ORDERED: That the City of Fitchburg hereby approves the expenditure of funds from the Federal Aviation Administration (FAA), Airport Improvement Program grant (AIP-26-2017) in the approximate amount of $1,152,385.00 (ONE MILLION, ONE HUNDRED FIFTY-TWO THOUSAND, THREE HUNDRED EIGHTY-FIVE AND 00/100 DOLLARS) for the purpose of said grant, which is for obstruction removal of the approach surfaces for runway 32. 215-17. ORDERED THAT: The City of Fitchburg hereby approves the expenditure of funds from the Massachusetts Emergency Management, State Homeland Security Program grant in the approximate amount of $4,981.07 (FOUR THOUSAND, NINE HUNDRED EIGHTY-ONE AND 07/100 DOLLARS) for the purpose of said grant, which is to purchase equipment for the city’s Community Emergency Response Team (CERT)and to provide training for the team. 216-17. ORDERED THAT: The City of Fitchburg hereby approves the expenditure of funds from the FEMA-AFG (SAFER) grant in the approximate amount of $315,116.00 (THREE HUNDRED FIFTEEN THOUSAND, ONE HUNDRED SIXTEEN AND 00/100 DOLLARS for the purpose of said grant, which is to hire two new firefighters, with the grant covering 75% of the cost of these two firefighters for the first two years and 35% of the cost for the third. 217-17. ORDERED THAT: Loan Order#085-17 of this Council, adopted on May 16, 2017 and approved by the Mayor on May 18, 2017, authorizing the borrowing of $2,500,000, to pay costs of constructing approximately 12,300 feet of water main on various City streets, including but not limited to replacing existing cast iron water mains with cement-lined, ductile iron water mains, installation of new fire hydrants and valves, and the replacement of service lines, and the payment of all other costs incidental and related thereto, is amended to also permit the expenditure of such funds to make water tank repairs and/or roof replacements at pump stations. 218-17. ORDERED THAT: WHEREAS, in the opinion of City Council it is in the financial interest of the City of Fitchburg to execute a certain Payment in Lieu of Taxes (PILOT) agreement with NHSOLARGARDEN.COM,LLC AND ALPINE RIDGE, LLC, and WHEREAS, the execution of this agreement will provide more financial certainty as to the stream of income from personal property taxes, NOW THEREFORE, IT IS ORDERED that, in consideration for the payment schedule enclosed in the agreement the City agrees to accept said payments in lieu of personal property taxes. IT IS FURTHER ORDERED AND VOTED that Stephen L. DiNatale, Mayor of the City of Fitchburg, be hereby authorized for and behalf of said City to execute, acknowledge and deliver said agreement and does hereby ratify said executed agreement. VIII. ORDERS-OTHER 219-17. ORDER: Of Notice of Abandonment of a Public Way-A portion of Westminster Hill Road. (Be referred to a public hearing on October 3, 2017 referencing Petition #114-2017) 220-17. ORDER: Authorizing the City Clerk to notify the voters of the Preliminary Election to be held on September 26, 2017. IX. ORDINANCES 209-17. AN ORDINANCE: Amending the Fitchburg City Code section 181.61 by deleting in its entirety and the following Section 181.62, including subsections 181.621 through 181.629, are inserted in its place as outlined in the enclosed Ordinance. RE: Wireless Communications Facilities Regulations (Reference Petition #080-17) (Final Reading) 221-17. AN ORDINANCE: To amend the General Ordinances of the City of Fitchburg, Chapter 44, Section 10, by striking the following: Under Positions Paid Yearly Effective July 1, 2013 City Solicitor $94,000 Assistant City Solicitor $62,000 And inserting in its place: Under Positions Paid Yearly Effective July 1, 2017 City Solicitor $96,000 ($1,846.15/week) Assistant City Solicitor $64,000 ($1,230.75/week) (First Reading) X. PETITIONS 222-17. Anna M. Farrell, City Clerk, to change the date of the December 5, 2017 City Council meeting to Thursday, December 7, 2017, to avoid a conflict with the date of the Special State Election ordered for December 5, 2017. (Council as a Whole Committee) 223-17. Unitil, to install two poles on Ashby State Road, approximately 3185’ South of the Fitchburg/Ashby town line, as outlined in the enclosed petition. (Public Hearing September 19, 2017) 224-17. Anne M. Cervantes, Treasurer, to accept a deed in lieu of foreclosure under G.L. c.60, s 77c for a parcel of land at 116 Day St., as outlined in the enclosed petition. (City Property Committee) 225-17. Anne M. Cervantes, Treasurer, to remove from the Side Yard Sales Program 768 Water Street, previously designated to the program by City Council Order 216- 16, and designate to the city’s tax title custodian for disposition. (Side Yard Sales Committee) 226-17. Councillor Dean A. Tran and Councillor Angelo Bisol, to establish guidelines and requirements for the City Council involvement in Mayoral appointments under City Code chapter 3-4. (Legislative Affairs Committee) 227-17. City Clerk Anna M. Farrell and Library Director Sharon Bernard to designate members of the Board of Library Trustees as special municipal employees under the provisions of MA General Law Chapter 268A. (Legislative Affairs Committee) 228-17. City Clerk Anna M. Farrell, to designate by vote of the City Council no later than September 19, 2017, a new Ward 5 polling location. The new polling location would be in effect after the September 26, 2017 preliminary. (Legislative Affairs Committee) 229-17. Councillor Paul Beauchemin, to replace a stop sign with a yield sign that is located at the corners of Daniels St. and River St., because it is a roundabout. (Public Safety Committee) 230-17. Councillor Paul Beauchemin, to request that all roundabouts in the city be uniform. (Public Safety Committee) 231-17. Darlene M. Grossnickle, to petition for an additional street light at #364 Pearl Hill Road for safety concerns, as detailed in the enclosed petition. (Public Safety Committee) 232-17. Councillor Amy Green, to request to fix the catch basin located at 92 Charles Street, brought to my attention by resident Beverly DeCosta of 104 Charles Street. (Public Works Committee) 233-17. Councillor Michael Kushmerek, to repair a section of city-owned chain link fence on Pleasant Street at its intersection with Spring Street. (Public Works Committee) Next Regular Meeting 7:00PM, September 19, 2017