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City Council

Regular Meeting

Fitchburg, MA · December 19, 2017

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Agenda

CITY OF FITCHBURG MASSACHUSETTS CITY COUNCIL CALENDAR December 19, 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. Bryan Breau, as a member of the Conservation Commission for a term to expire January 1, 2020. Re-Appointment Letters 1. Mary Rice Hurley, as a member of the Board of Trustees for the Public Library for a term to expire January 1, 2021. 2. Michael Donnelly, as a member of the Conservation Commission for a term to expire January 1, 2021. 3. John Koutonen, as a member of the Conservation Commission for a term to expire January 1, 2021. 4. David Streb, as a member of the Conservation Commission for a term to expire January 1, 2019. IV.REPORTS OF COMMITTEES Appointments Committee Oral Report Meeting of December 18, 2017, 6:45 PM Re-Appointment: Member of the Trustees of Public Burial Grounds (Term to expire January 1, 2020) Ms. Nancy Maynard Finance Committee Oral Report Meeting of December 19, 2017, 6:00 PM 289-17. ORDERED THAT: There be and hereby is appropriated the sum of ONE HUNDRED SIXTY-FIVE THOUSAND AND 00/100 DOLLARS ($165,000.00)same to be charged against AVAILABLE FUNDS and credited to FIRE, CAPITAL EXPENDITURES, DEPARTMENTAL EQUIPMENT for the purpose of acquiring “Jaws of Life” rescue equipment for various extrication emergencies. 290-17. ORDERED THAT: There be and hereby is appropriated the sum of TWENTY THOUSAND AND 00/100 DOLLARS ($20,000.00) same to be charged against AVAILABLE FUNDS and credited to FIRE, CAPITAL EXPENDITURES, BUILDING IMPROVEMENT for the purpose of replacing the driveway in front of the apparatus bay at the North Street Fire Station. 291-17. ORDERED THAT: There be and hereby is appropriated the sum of THIRTY-SIX THOUSAND AND 00/100 DOLLARS ($36,000.00) same to be charged against AVAILABLE FUNDS and credited to FIRE, CAPITAL EXPENDITURES, AUTOMOBILE for the purpose of replacing a support vehicle. 292-17. ORDERED THAT: There be and hereby is appropriated the sum of ONE HUNDRED FIFTY-FOUR THOUSAND, FIVE HUNDRED THIRTY-TWO AND 00/100 DOLLARS ($154,532.00) same to be charged against AVAILABLE FUNDS and credited to POLICE, CAPITAL EXPENDITURES, VEHICLE REPLACMENT for the purpose of replacing four detective vehicles and one front line vehicle. 293-17. ORDERED THAT: There be and hereby is appropriated the sum of THIRTY THOUSAND AND 00/100 DOLLARS (30,000.00) same to be charged against AVAILABLE FUNDS and credited to GENERAL INSURANCE, EXPENSES for the purpose of obtaining the services of an insurance advisor. 294-17. ORDERED THAT: The City of Fitchburg hereby approves the expenditure of funds from the MEMA Emergency Management Performance grant in the approximate amount of $14,460.00 (FOURTEEN THOUSAND, FOUR HUNDRED SIXTY AND 00/100 DOLLARS) for the purpose of said grant, which is to purchase specialized protection equipment for an active shooter or hostile environment event. 295-17. ORDERED THAT: The City of Fitchburg hereby approves the expenditure of funds from the Massachusetts Department of Transportation, Aeronautics Division, Runway 32 Approach Obstruction Removal grant in the approximate amount of $64,250.00 (SIXTY FOUR THOUSAND, TWO HUNDRED FIFTY AND 00/100 DOLLARS) for the purpose of said grant, which is to remove obstructions on the approach to Runway 32. V. ORDERS-FINANCE 306-17. 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 Training Grant in the approximate amount of $26,481.98 (TWENTY-SIX THOUSAND, FOUR HUNDRED EIGHTY-ONE AND 98/100 DOLLARS) for the purpose of said grant, which is to train both Fire and Police Department dispatchers in medical and 911 emergency procedures. 307-17. ORDERED THAT: The City of Fitchburg hereby approves the expenditure of funds from the Massachusetts Executive Office of Public Safety and Security, Highway Safety Division grant in the approximate amount of $1,635.52 (ONE THOUSAND, SIX HUNDRED THIRTY- FIVE AND 52/100 DOLLARS) for the purpose of said grant, which is to enhance traffic safety through high-visibility enforcement patrols. 308-17. ORDERED THAT: The City of Fitchburg hereby approves the expenditure of funds from the Massachusetts Department of Environmental Protection, Sustainable Materials Recovery Program grant in the approximate amount of $39,000.00 (THIRTY-NINE THOUSAND AND 00/100 DOLLARS) for the purpose of said grant, which is to continue to provide residents with more robust information about waste disposal and recycling, purchase additional carts for the curbside program, expand the current program, and reduce, reuse, and recycle in school cafeterias. 309-17. ORDERED THAT: The City of Fitchburg Hereby approves the expenditure of funds from the Cemetery Perpetual Care Expendable Trust Fund not to exceed the amount of $19,600.00 (NINETEEN THOUSAND, SIX HUNDRED AND 00/100 DOLLARS) for the paving of new Section Q and Section O in Forest Hill Cemetery. 310-17. ORDERED THAT: The City of Fitchburg hereby approves the expenditure of funds from the Cemetery Perpetual Care Expendable Trust Fund not to exceed the amount of $9,700.00 (NINE THOUSAND, SEVEN HUNDRED AND 00/100 DOLLARS) for the replacement of fencing at Laurel Hill Cemetery. 311-17. ORDERED THAT: A conditional understanding of settlement regarding the BF Brown Middle School was reached, as outlined in the enclosed Order. 312-17. ORDERED THAT: The Mayor executes any and all documents necessary to facilitate the intent of the council’s approval of petition 275-17, as outlined in the enclosed Order, re: Nockege Street. 313-17. ORDERED THAT: The Mayor executes any and all documents necessary to facilitate the intent of the council’s approval of petition 276-17, as outlined in the enclosed Order, re: Nockege Street. 314-17. ORDERED THAT: The Mayor executes any and all documents necessary to facilitate the intent of the council’s approval of petition 277-17, and 278-17, as outlined in the enclosed Order, re: Nockege Street. VI. ORDINANCE 321-17. AN ORDINANCE Two-hour parking spaces shall be installed at the corner from 1 Lunenburg Street to 23 Lunenburg Street, by amending the Section 169-26, titled “Time limit parking” as outlined in the enclosed Ordinance. (Reference Petition #102-17) (First Reading) VII. PETITIONS 315-17. Key Fitchburg, LLC, represented by Elisha W. Erb, Legal Counsel, to petition the City of Fitchburg’s Public Works Department to accept a gift of land located on the east side of John Fitch Highway, Parcel 86-4, as described in the enclosed petition. (City Property Committee, Planning Board) 316-17. Key Fitchburg, LLC, represented by Elisha W. Erb, Legal Counsel, to petition the Fitchburg Conservation Commission to accept a gift of three parcels of land located on the east side of John Fitch Highway and small parcel of land at the corner of intersection of Proctor Avenue with Woodbury Street as described in the enclosed petition. (City Property Committee, Planning Board) 317-17. Mr. John Igo, Petitioner, to recognize and address issue with stairs and elevator in the Worcester County Northern Registry of Deeds building at 202 Boulder Drive. (Redevelopment Authority) 318-17. Councillor Joel Kaddy, to ban plastic bags. (Legislative Affairs Committee) 319-17. Jeffrey Wolfgang, co-chair, Disability Commission, to Petition City Council to amend Fitchburg Ordinance Chapter 3 Article XXIV Section 3-267. We would like to strike the word "nine" and amend it to read "eleven" to reflect a change in state law, re: Disability Commission members. We believe that increasing the number of Commission members will benefit the community. We want to cap the number of members at eleven to ensure the character of the Commission remains the same and it does not become unwieldy. (Legislative Affairs Committee) 320-17. Harold Mateo, RSC Global Holdings, LLC, for a Class II Dealer’s License at 1118 Water Street. (Public Safety Committee) VIII. EXECUTIVE SESSION “To discuss strategy with respect to litigation between the City of Fitchburg Vs. Massachusetts Interlocal Insurance Association which is demonstrably likely. An open meeting will have a detrimental effect on the litigation or negotiating position of the public body and the chair so declares.”

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