City Council

CITY OF FITCHBURG MASSACHUSETTS CITY COUNCIL CALENDAR November 9, 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 Re-Appointment Letters 1. Mr. Kenneth Bujold, as a member of the Fitchburg Council on aging for a term to expire November 1, 2020. 2. Mr. William Walsh, as a member of the Fitchburg Council on aging for a term to expire November 1, 2020. IV.COMMUNICATION Pension Reserves Investment Management Board V. COMMUNICATION Sally Cragin, Director Be PAWSitive RE: Appointment of Todd Pickett for Fitchburg Animal Control Officer VI. SPECIAL PRESENTATION DPW Stormwater Budget VII. ANNUAL REPORT 256-17. ANNUAL REPORT: Auditor’s Report, June 30, 2017 VIII.REPORTS OF COMMITTEES Appointments Committee Oral Report Meeting of November 9, 2017, 6:45 PM New Appointment: Animal Control Officer and Inspector of Animals For the City of Fitchburg. Mr. Todd Pickett Planning Board Meeting of October 10, 2017 195-17. Councillor Paul Beauchemin, to request that the Planning Board and Zoning Board of Appeals do not hold their meetings on a Tuesday. This would be to allow City Councillors, who meet every Tuesday either at Finance Committee or regular City Council meeting, to attend. (Not be Granted) (Awaiting report from the ZBA Chair)  IX. ORDERS-FINANCE 257-17. ORDERED THAT: The City of Fitchburg sell the parcel of land located on 395 Water Street, formerly used as a fire station for the City, to Daviau and Robert Properties, LLC, for the sum of $20,000, as outlined in the enclosed Order. 258-17. ORDERED THAT: Appropriate the sum of SIX HUNDRED THIRTY-TWO THOUSAND, FOUR HUNDRED THIRTY-EIGHT AND 00/100 DOLLARS ($632,438.00) same to be charged against AVAILABLE FUNDS and credited to SCHOOL EXPENSES. 259-17. ORDERED THAT: Appropriate 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. 260-17. ORDERED THAT: Appropriate the sum of TWO HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($250,000.00) same to be charged against AVAILABLE FUNDS and credited to OTHER POST EMPLOYMENT BENEFITS (OPEB) TRUST FUND. 261-17. ORDERED THAT: Appropriate $123,433.00, same to be charged against AVAILABLE FUNDS and credited to the following accounts: LIBRARY, SICK TIME BUYBACK: $ 8,333.00 INFO. TECH., OFFICE EQUIPMENT: $15,600.00 PUBLIC WORKS, SUMMER HELP: $17,000.00 VETERANS, CLERICAL: $12,500.00 GENERAL INSURANCE: $70,000.00 (For the purpose of supplementing the FY2018 budget approved in June, 2017.) 262-17. ORDERED THAT: Appropriate $20,000.00 same to be charged against AVAILABLE FUNDS and credited to BUILDING-CITY HALL, ELECTRICITY ($18,000.00) AND BUILDING-CITY HALL, CITY HALL LEASE(2,000.00) for the purpose of covering the cost of heating the newly acquired property at 700 Main Street and additional common area maintenance costs incurred in the lease of Suite 102 at 166 Boulder Drive. 263-17. ORDERED THAT: Appropriate $9,934.00, same to be charged against AVAILABLE FUNDS and credited to ELECTION & REGISTRATION, PERSONAL SERVICES, ELECTION WORKERS, (3,170.00), ELECTION & REGISTRATION, PERSONAL SERVICES, OVERTIME ($1306.00), and ELECTION & REGISTRATION, OFFICE SUPPLIES ($5,458.00) for the purpose of funding the additional costs of the special state election. 264-17. ORDERED THAT: Appropriate $60,000.00, same to be charged against AVAILABLE FUNDS and credited to PUBLIC WORKS-CAPITAL, OAK HILL ROAD BRIDGE REPAIR for the purpose of engineering and construction of repairs to the Oak Hill Road Bridge. 265-17. ORDERED THAT: Appropriate $25,000, same to be charged against RESERVED FOR APPROPRIATION, INSURANCE RECOVERIES OVER $150,000 and credited to LAW DEPARTMENT, LITIGATION & SPECIAL COUNSEL for the purpose of paying expenses and attorney’s fees related to the insurance claim for the fire loss at B.F. Brown Middle School. 266-17. ORDERED THAT: Appropriate $9,825.00, same to be charged against AVAILABLE FUNDS and credited to COMMUNITY DEVELOPMENT, DEP COMPLIANCE for the purpose of DEP compliance at city owned property at 33 North Street, now the site of the Central Fire Station. 267-17 ORDERED THAT: Appropriate $450,000.00, same to be charged against WASTEWATER ENTERPRISE FUND, RETAINED EARNING, and credited to EAST WASTEWATER TREATMENT FACILITY EXPENSES, ARCHITECTURAL/ENGINEERING for the purpose of preparing and submitting a Wastewater Management Plan as required by the City’s Consent Decree. 268-17. ORDERED THAT: The City of Fitchburg hereby approves the expenditure of funds from the Massachusetts Board of Library Commissioners, Customer Experience in a Digital Age grant in the approximate amount of $10,000.00 for the purpose of said grant, which is to increase students’ access to library materials and resources. 269-17. ORDERED THAT: The city of Fitchburg hereby approves the expenditure of funds from the Federal Forest Legacy Program Grant (13-DG-11420004-070) in the approximate amount of $13,000.00 for the purpose of said grant, which is for the costs of accepting the donation of a conservation restriction on a certain parcel of land in Westminster known as the Chernoch Property. 270-17. ORDERED THAT: The city of Fitchburg hereby approves the expenditure of funds from the Federal Forest Legacy Program Grant (13-DG-11420004-070) in the approximate amount of $265,000.00 for the purpose of said grant, which is for the costs of accepting the donation of a conservation restriction on a certain parcel of land in Westminster known as the Lane Property. X. ORDERS-OTHER 271-17. ORDERED THAT: Authorizing the City of Fitchburg to (1) accept the donation of a Conservation Restriction on a certain parcel of land in Westminster known as the Chernoch Property as outlined in the enclosed Order. 272-17. ORDERED THAT: Authorizing the City of Fitchburg to (1) purchase a Conservation Restriction on a certain parcel of land in Westminster known as the Lane Property as outlined in the enclosed Order. XI. 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) (Final 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) (Final 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) (Final Reading) 273-17. AN ORDINANCE: Section 169-26, titled “One-way streets” shall be amended as follows: A new line shall be inserted below the line beginning “Cherry Street” and following words shall be inserted thereon: The words “Chestnut Street” shall be inserted under the “Name of Street” column; The word “North” shall be inserted under the “Direction of Travel” column; and The words “From the intersection of Main and River Streets, northerly to the intersection of Arlington Street” shall be inserted under the “Limits” column. The resulting inserted line shall read as follows: Name of Street Direction of Travel Limits Chestnut Street North From: the intersection of Main and River Streets, northerly to the intersection of Arlington Street (Reference Petition #120-17) (First Reading) 274-17. AN ORDINANCE: Section 181.356 of the Fitchburg Zoning Ordinance shall be amended by striking the current Section 181.356, including all subparagraphs, in its entirety and inserting in its place a new Section 181.356 as follows, in that doing so shall further the purpose of the City’s Zoning Ordinances as set forth in Section 181.11: 181.356 Abandonment or Non-Use. A nonconforming use or structure which has been abandoned, or which has not been used for a period of two years or more, is defined and regulated under 181.356 et seq. (Reference Petitions 98-17 and 200-17) (First Reading) XII. PETITIONS 275-17. M.A.S. Realty Corporation, to grant an easement Alteration as set forth in Exhibit Plan A. (Nockege Street). (City Property Committee, Planning Board) 276-17. M.A.S. Realty Corporation, to grant a Parking and Access and Temporary Construction Easement Alteration as set forth in Exhibit Plan B. (Nockege Street). (City Property Committee, Planning Board) 277-17. M.A.S. Realty Corporation, to grant a Stormwater Easement as set forth in Exhibit Plan C. (Nockege Street). (City Property Committee, Planning Board) 278-17. M.A.S. Realty Corporation, to grant a Stormwater Easement as set forth in Exhibit Plan D. (Nockege Street). (City Property Committee, Planning Board) 279-17. Detective Paul McNamara, Fitchburg Police Department to revoke the Class II Dealer License currently issued to Paul Orlando, DBA Orlando’s Used Car Sales, located at 96 River Street, Fitchburg. (Public Hearing December 7, 2017) 280-17. Councillor Paul Beauchemin, to put a stop sign at the corner of Amiott and King Streets, as outlined in the Petition. (Public Safety Committee) 281-17. Councillor Joel Kaddy, to install proper signage showing that two lanes of traffic can turn onto Main Street heading towards River Street. (Public Safety Committee) 282-17. Councillor Angelo Bisol, to repair a berm at the corner of Pearl Hill and Juniper Road. (Public Works Committee) Next Regular Meeting Tuesday, November 21, 2017, 7:00 PM