City Council

CITY OF FITCHBURG MASSACHUSETTS CITY COUNCIL CALENDAR October 17, 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 Letter Mr. Todd Pickett, as the Animal Control Officer and Inspector of Animals to the City of Fitchburg. IV.REPORTS OF COMMITTEES Appointments Committee Oral Report Meeting of October 17, 2017, 6:45 PM New Appointments: Board of Registrars of Voters (Term to expire April 1, 2019) Ms. Joanne Huse Fitchburg Cultural Council (Term to expire September 1, 2020) Mr. Thomas J. Gustainis (Term to expire September 1, 2020) Mr. Matthew Kroch Re-Appointment: Veteran’s Service Commissioner (Term to expire October 1, 2020) Ms. Michele Marino City Property Committee October 10, 2017,Immediately followed the Finance Committee which began at 6:00 PM 193-17. Councillor Michael Kushmerek, to name the parcels of land, corresponding to Order #173-17 and as detailed in the memorandum of understanding between the City of Fitchburg and Ralph S. Baker, “The Baker Family Forest Reserve” for a period of not less than 30 years. (Be amended to read “The Baker Family Public forest Reserve” and be granted as amended) 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. (Be Granted) 210-17. Anne M. Cervantes, City Treasurer, to declare as excess the following property and designate it to the Side Yard Sales Program: 14 Gage Street Parcel 31-120-0 (Be Granted) 199-17. Bonville & Howard, representing Roosevelt CRB, LLC, currently owning Parcels of land on Roosevelt Street with an area of 2.00 acres. The company wishes to gift them to the city as it has relocated and does not have use for the land since it cannot be built on. (Be Held in Committee) 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. (Be Granted) Finance Committee Meeting of October 10, 2017, 6:00 PM 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. (Be Adopted) 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 as outlined in the order. (Be Adopted) 241-17. ORDERED THAT: Whereas the Fitchburg Municipal Airport Commission has voted unanimously at its regular meeting on September 27, 2017 to approve a Lease Agreement of office space within the Airport’s Terminal Building for airport purposes with the FCA Flight Center, Inc., which Agreement is attached hereto; as outlined in the enclosed Order. (Be Adopted) Public Works Committee Meeting of October 10, 2017, 5:00 PM 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. (Be Granted) 189-17. Councillor Jody Joseph and Robert Graves, to replace blacktop sidewalk with original concrete sidewalk in front of 76 Abbott Ave. (Be Granted) 191-17. Councillor Angelo Bisol, to grind a stump and repair sidewalk located at 97 Lincoln Street. (Be Granted) 196-17. Councillor Jody Joseph, to repair sunken sidewalk in front of 11 & 17 Connors Street. (Be Granted) 212-17. Councillor Michael Kushmerek, to install and repair a berm around the perimeter of 26 Caswell Street. (Be Granted) 213-17. Councillor Marcus DiNatale, to repair sidewalk along Forest Hill Cemetery abutting Parkhill Plaza from Nikitas Field to the rotary at Electric Avenue. Primary purpose would be to seal cracks/large gaps along this stretch. (Be Granted) 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. (Be Given leave to withdraw) 233-17. Councillor Michael Kushmerek, to repair a section of city-owned chain link fence on Pleasant Street at its intersection with Spring Street. (Be Granted)  V. ORDERS-FINANCE 246-17. ORDERED THAT: The City of Fitchburg hereby approves the expenditure of funds from the MassDevelopment Commonwealth Site Readiness Program grant in the approximate amount of $250,000.000 (TWO HUNDRED FIFTY THOUSAND AND OO/100 DOLLARS) for the purpose of said grant, which is to assist in the development of telecommunications infrastructure improvements for commercial businesses along Main Street and for commercial/industrial businesses along Airport Road. VI.ORDERS-OTHER 247-17. ORDER: Authorizing the City Clerk to notify the voters of the Special State Primary Election to be held on Tuesday, November 7, 2017. 248-17. ORDER: Authorizing the City Clerk to notify the voters of the Municipal Election to be held on Tuesday, November 7, 2017. 249-17. AN ORDER: That Whereas, in the opinion of the City Council it is the economic interest of the City of Fitchburg for the purposes of telecommunication infrastructure improvements for commercial businesses along Main Street to execute an agreement and grant of easement with PETER C. COTE, SR. as Trustee of the 310 Main Street Realty Trust, As outlined in the enclosed Order. VII. ORDINANCES 250-17. AN ORDINANCE: Erect ‘No Parking’ signs opposite from the already existing signs from South Street to Ellis Street. A new line shall be implemented below the line regarding “Electric Avenue” and the following words shall be inserted thereon: (1) The words “Ellis Street” under the ‘Name of Street’ column (2) By inserting the word “South” the ‘Side’ column (3) By inserting the words “From 54 feet from South Street to Ellis Street” in the ‘Location’ column In accordance with the provisions of§ 169-24, upon the following streets or parts thereof, parking is hereby prohibited: Name of Street Side Location Ellis Street South From South Street for a distance of 54 feet (Reference Petition #78-13) (First Reading) 251-17. AN ORDINANCE: Three one-hour parking spaces shall be installed at the corner of Day Street and Main Street, by amending the Section 169-26, titled “Time limit parking” as follows: A new line shall be inserted below the line beginning “Davis Street” and following words shall be inserted thereon: The words “Day Street” shall be inserted under the “Name of Street or Parking Lot” column; The word “West” shall be inserted under the “Side” column; The words “1 hr.; 7:00 a.m. to 7:00 p.m./except Sundays and legal holidays” shall be inserted under the “Time Limit; Hours/Days” column; and The words “From a point of 54 feet from Main Street” shall be inserted under the “Location” column. The resulting inserted line shall read as follows: Name of Street Side Time Limit; Location or Parking Lot Hours/Days Day Street West 1hr; 7:00 a.m. From a point to 7:00 of 54 feet p.m./except from Main Sundays and Street legal holidays (Reference Petition #223-16) (First Reading) 252-17. AN ORDINANCE: To implement an “ALL WAY STOP” control intersection and improvement strategy at the North Street and Pearl Street intersection, Section 169-76 of the City Code, titled “Stop Intersections”, as follows: A new line shall be implemented below the line regarding “Pearl Street” and following words shall be inserted thereon: The words “Pearl Street” shall be inserted under the “Stop Sign on” column; The word “Both” shall be inserted under the “Direction of Travel” column; and The words “North Street” shall be inserted under the “At Intersection at” column. The resulting line shall read as follows: In accordance with the provisions of M.G.L. c. 89, §9, the following streets are designated as stop streets at the intersections indicated: Stop Sign on Direction of Travel At Intersection of Pearl Street Both North Street (Reference Petition #238-17) (First Reading)  VIII. PETITIONS 253-17. Councilor Marcus DiNatale, requesting that Mayor Stephen DiNatale, through the Community Development Office, create a comprehensive commercial/industrial plan for new growth and development via the creation and assessment of current inventory of city-owned available undeveloped land that can be re-zoned and/or utilized for marketing to prospective developers. This plan should be completed and presented to the City Council no later than June 30 of 2018. This is a critical requirement to coincide with the City Council’s past movements to shift Fitchburg toward a single-tax rate as one cannot effect significant tax base growth without the other.” (Community Development) 254-17. Councillor Marcus DiNatale, to install two traffic Mirrors, one at the intersection of Shea Street and Franklin Road, and the other at the intersection of Kimball Street and Rollstone Street (across from FATV) (Public Safety Committee) 255-17. Councillor Amy Green, to repair and remedy the sidewalk issue at 210 Heywood Street. (Public Works Committee) Next Regular Meeting Thursday, November 9, 2017, 7:00 PM