City Council

CITY OF FITCHBURG MASSACHUSETTS CITY COUNCIL CALENDAR September 19, 2017 7:00PM Memorial Middle School Auditorium 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 1. Joshua R. Surrette and Kevin Machado, as Permanent full time Firefighters for the City of Fitchburg. IV.SPECIAL PRESENTATION RE: Smart Growth America V.REPORTS OF COMMITTEES Appointments Committee Oral Report Meeting of September 19, 2017, 6:45 PM Re-Appointments: Board of Registrars of Voters (Term to expire April 1, 2020) Mrs. Diane Welch Executive Director of the Fitchburg Council on Aging (Term to expire June 30, 2020) Ms. Joan Goodwin New Appointments: Director of Human Resources (Term to begin January 1, 2018 and expire December 31, 2020) (To fill vacancy created by the retirement of Mr. Bernard Stephens) Ms. Susan Davis Associate Member to the Planning Board (Term to expire September 1, 2019) Ms. Amanda Koeck Fitchburg Housing Authority (Term to expire September 2, 2022) (To fill position vacated by Mr. Mark Jackson) Mr. David Basilio Capital Improvements Commission (Term to expire September 1, 2019 Mr. Keith Butler Fitchburg Council on Aging (Term to expire September 1, 2020) Ms. Josephine Wood Finance Committee Meeting of September 12, 2017, 6:00 PM 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. (Be Adopted) 062-13. Councillor Stephan Hay, to require all departments which have an Enterprise Fund to fund OPEB (Other Post Employment Benefits) for their employees. (Be given leave to withdraw) 253-13. AN ORDINANCE: That Chapter 44, Section 10 of the Code of the City of Fitchburg, Under Positions Paid Annually, as most recently amended, be further amended by adding thereto: UNDER POSITIONS PAID ANNUALLY Effective January 6, 2014 School Committee Vice Chairperson $5,000.00 (Payable monthly) School Committee Member $4,500.00 (Payable monthly (Be given leave to withdraw) 208-14. Councillors Angelo Bisol, Michael Kushmerek, Amy Green,and Joel Kaddy, to implement the Massachusetts Meals tax program for the purpose of creating a means to fund additional marketing and community development efforts in the City. (Be given leave to withdraw) 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. (Be adopted) 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. (Be Adopted) 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. (Be Adopted) (First Reading-Roll Call Vote) Legislative Affairs Committee Oral Report Meeting of September 19, 2017, 5:30 PM 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. 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. Public Safety Committee Oral Report Meeting of September 19, 2017, 6:00 PM 166-12. Councillor Nicholas Carbone to have a traffic study conducted at the intersection of North Street, John Fitch Highway and Pearl Hill Rd. 212-12. Ronald Varney, to establish 2 resident parking areas in front and on the side of residence at 45 Clinton St. 078-13. Councillor Clark, to place “no parking” signs opposite from the already existing signs from South and Ellis Street to Ellis and Kingsbury Street. 109-13. Councillor Jody Joseph and Clement Cotnoir, to place a crosswalk at the corner of Jeffrey St. and Electric Ave. This would allow Mr. Cotnoir access to the adjacent sidewalk. 188-13. Councillor Dolores Thibault-Munoz and Ms. Susan Garipey to request a parking zone in the front of 69 High Street-Veterans Homestead- for at least two spaces for health care personnel. 221-13. Ronald Varney, to request FSU solve student parking problem and end student parking at Coolidge Park, as outlined in the enclosed petition. 269-13. Councillor Thibault-Munoz and Councillor Carbone, to request the City Council to create a comprehensive parking plan for the neighborhoods surrounding Fitchburg State University that shall include a creation of a task force and plan so that parking problems can be addressed appropriately. 286-13. Martha Pulrang and various East St. Residents to put Resident parking only signs on the entirety of East St. and Rice St., both sides, diagram enclosed. 091-14. Ronald Varney, 45 Clinton St., to place 2 parking places on Clinton St. Resident parking only. This will be in front of 45 Clinton St. 040-15. Councillor Angelo Bisol, to amend resident parking from Clinton St., East 150 feet north of Congress Street northerly to 190 feet north of Congress Street TO Clinton Street East 150 feet north of Congress Street northerly to 260 feet north of Congress Street. The street already has parking, this will allow more resident only parking. 152-15. AKS Recycling, Inc., to petition for a Class III Dealer’s License to operate a vehicle recycling & Salvage yard at 15 Cobbler Drive & 41 Blueberry Lane 079-16. Councillor Marcus DiNatale and James Alexander, 30 Parker Hill Drive, to have Police Traffic Bureau assess and place either stop signs or yield signs at the following two intersections: Brierwood Drive/Parker Hill Drive and Parker Hill Drive/Colony Road. 208-16. Councillor Angelo Bisol and Councillor Marcus DiNatale, to install a safety mirror in the cross walk at the intersection of Townsend Street and John Fitch Highway. 283-16. Michael T. Hurley, 859 Rindge Road, to install a street light over the crosswalk at the easterly side of the intersection of North St. and John Fitch Highway. There is a utility pole approximately 50 feet away. 051-17. Councillor Joel Kaddy and Young Jin, to create an entrance to Independent Cleaners located at 1 Wallace Road, Fitchburg. 082-17. Councillor Joel Kaddy, to request Mart install glass bus shelters on Main Street, River Street, and Westminster Street. 102-17. Councillor Dean Tran and Samantha Squailia, to designate a No Parking Loading Zone space between 23 and 27 Lunenburg Street. Designate 2 HR Parking between 8am-8pm spaces from Moran Apartments to 23 Lunenburg Street to accommodate businesses and patrons. 119-17. Councillor Paul Beauchemin, to place a stop sign on Columbus St. at the intersection of St. Joseph Ave. and Columbus St., and also at the intersection of Oak Hill Road and Columbus St. 120-17. The City of Fitchburg Police Department, Traffic Bureau, to request that the Code of the City of Fitchburg, Chapter 169, Section 59, titled One Way Street be amended to include a restriction in the flow of vehicle traffic on Chestnut Street: One way, North, as outlined in the enclosed petition. 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. 188-17. Sam Gandor, Johnny’s Service Station to add Basemah Almousa onto the Class II Dealer’s License located at 339 River Street, Fitchburg.  VI. HEARING 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. VII. ORDERS-FINANCE 234-17. ORDERED THAT: The City of Fitchburg hereby approves the expenditure of funds from the Massachusetts Executive Office of Public Safety and Security, State 911 Department grant in the approximate amount of $115,227.00 (ONE HUNDRED FIFTEEN THOUSAND, TWO HUNDRED TWENTY-SEVEN AND 00/100 DOLLARS) for the purpose of said grant, which is to support salaries and provide repair and enhancement to the E911 service system in the Police Department. 235-17. 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 FITCHBURG RENEWABLES, LLC AND RALPHIE COMPANY 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 236-17. Whereas this Traffic Control Agreement is required by the Federal Highway Administration in accordance with Title 23 US Sections 109 (d) and 116; and Whereas the purpose of this agreement is to assure Mass DOT and the Federal Highway Administration that the ways within and adjacent to the project will be operated and maintained by the municipality as planned; and Whereas failure on the part of the City to execute and fulfill the terms of this agreement may cause  disqualification from participation in future Safety Improvement Projects; and Whereas the City has already expended a considerable amount of time, and funds in the improvement of the Summer Street corridor; Wherefore, it is ordered that, in consideration for the funding received in connection with the Summer Street Project, the City of Fitchburg shall through its Mayor Stephen L. DiNatale, authorizes the execution of the attached Traffic Control Agreement with Mass DOT and also authorizes Mayor Stephen L. DiNatale take all other steps necessary, convenient or helpful to finalize the Agreement and retain or obtain funding for the Summer Street project. IX. ORDINANCES 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) (Final Reading) 237-17. AN ORDINANCE: That Chapter Three, Article XXVII, §3- 231 of the City Code shall be amended by striking the words “Director of Community Development” where ever they may appear and inserting “Executive Director of Community Development and Planning” in its place. The resulting §3-231 “Establishment; supervisions; divisions; responsibilities shall read as followed: “There is hereby established the Department of Community Development under the supervision and direction of the Executive Director of Community Development and Planning appointed by the Mayor subject to confirmation of the Council. The Department shall consist of four divisions: the Economic Development Division; the Housing and Development Division; the Building and Zoning Division; and the Planning Division. The Department will serve as the chief planning and economic development agency of the City with responsibility for reviewing all of the planning tools of the City, including the Zoning Ordinance, the Planning Board regulations, and regulations of the Conservation Commission; studying, making recommendations for and facilitating the appropriate creation of housing and economic facilities to further the housing interests and needs of the City and its vigorous economic development; performing long-term planning for the needs of the City in coordination with other departments and divisions, boards and commissions of the City; making recommendations for changes in policy, ordinances and cooperation with the nongovernmental sector to further the appropriate growth of the City. The Department will provide support services to the Planning Board, the Board of Zoning Appeals, the Conservation Commission and such other boards, commissions, divisions and departments as the Mayor may from time to time assign. The Department will develop and implement to the maximum extent feasible a uniform, single, simple and coordinated application process for businesses doing business, or seeking to do business, in the City to assist in obtaining inspections, approvals and other permits and authorizations as may be needed to do business within the City.” (Reference Petition #006-17) (First Reading) X. PETITIONS 238-17. Councillors Michael Kushmerek and Angelo Bisol, Mr. Jay Bry, VP of Finance and Administration, FSU, and Mr. A.J. Tourigny, Chief of Staff to the Mayor, to implement the proposed recommendations in the enclosed memorandum conducted by Tighe & Bond, on behalf of Fitchburg State University and the City of Fitchburg, to implement an “ALL WAY” STOP control intersection improvement strategy at the North Street at Pearl Street intersection. (Public Safety Committee) Next Regular Meeting 7:00PM, October 3, 2017