City Council

CITY OF FITCHBURG MASSACHUSETTS CITY COUNCIL CALENDAR January 29, 2019 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 FROM HIS HONOR THE MAYOR Appointment Letter: 1. Mr. David Rousseau, as a member of the Fitchburg Housing Authority with a term to expire January 1, 2024. IV. COMMUNICATION Vincent P. Pusateri, II, City Solicitor RE: Open Meeting Law and Council’s Subcommittees V. COMMUNICATION Department of Environmental Protection RE: Waterways Application VI. ANNUAL REPORT 022-19. ANNUAL REPORT: Montachusett Regional Vocational Technical School for the year 2018. VII. REPORTS OF COMMITTEES Appointments Committee Oral Report Meeting of January 29, 2019, 6:45 PM New Appointments Permanent Reserve Police Officers Fitchburg Police Department Christopher Davis Sean Maki Ismael Santiago Dylan Knox Student Police Officers Fitchburg Police Department Kelton Stacy Sean Maki Christopher Davis Dylan Knox Ismael Santiago Permanent Police Sergeant Fitchburg Police Department Officer David M. Gordon Finance Committee Meeting Meeting of January 22, 2019 004-19. ORDERED THAT: The City of Fitchburg hereby approves the expenditure of funds from the Department of Fire Services grant in the approximate amount of $1,500.00 (ONE THOUSAND FIVE HUNDRED AND 00/100) for the purpose of said grant, which is to maintain the recently purchased new regional Fire Safety House used in teaching fire safety. (Be Adopted) 005-19. ORDERED THAT: The City of Fitchburg hereby approves the expenditure of funds from the Commonwealth of Massachusetts, Executive Office of Public Safety and Security, SAFE grant in the approximate amount of $5,454.00 (FIVE THOUSAND, FOUR HUNDRED FIFTY-FOUR AND 00/100 DOLLARS) for the purpose of said grant, which is to continue to teach fire safety to children in elementary schools. (Be Adopted) 006-19. ORDERED THAT: The City of Fitchburg hereby approves the expenditure of funds from the Commonwealth of Massachusetts, Executive Office of Public Safety and Security, SAFE grant in the approximate amount of $2,800.00 (TWO THOUSAND EIGHT HUNDRED AND 00/100 DOLLARS) for the purpose of said grant, which is to teach senior citizens about the importance of fire safety and avoiding in particular cooking and electric fires. (Be Adopted) 007-19. ORDERED THAT: There be and hereby is appropriated the sum of THREE HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($350,000) same to be charged against AVAILABLE FUNDS and credited to STABILIZATION FUND. (Be Adopted) 008-19. ORDERED THAT: There be and hereby is appropriated 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. (Be Adopted) 009-19. ORDERED THAT: There be and hereby is appropriated the sum of ONE HUNDRED TWO THOUSAND AND 00/100 DOLLARS ($102,000.00) same to be charged against AVAILABLE FUNDS and credited to AIRPORT REVENUE for the purpose of reducing the airport’s deficit fund balance. (Be Adopted) 010-19. ORDERED THAT: There be and hereby is appropriated the sum of ONE HUNDRED FIFTY THOUSAND DOLLARS AND 00/100 DOLLARS ($150,000.00) same to be charged against AVAILABLE FUNDS and credited to SCHOOL DEPARTMENT, LONGSJO SCHOOL ROOF REPLACEMENT. (Be Adopted) 011-19. ORDERED THAT: There be and hereby appropriated the sum of FORTY-FIVE THOUSAND, FIVE HUNDRED FORTY-FOUR AND 00/100 DOLLARS ($45,544.00) 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 465 Westminster Street, formerly the site of the Central Steam Plant. (Be Adopted) 012-19. 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 BUILDING-TAX POSSESSION MAINTENANCE for the purpose of securing, maintaining, and cleaning tax possessions. (Be Adopted) 013-19. ORDERED THAT: There be and hereby is appropriated the sum of TWENTY-FOUR THOUSAND, FIVE HUNDRED THIRTEEN AND 00/100 DOLLARS ($24,513.00) same to be charged against AVAILABLE FUNDS and credited to POLICE, CAPITAL EXPENITURES, BUILDING REPAIRS for the purpose of replacing two of three HVAC units at the police station. (Be Adopted) 014-19. ORDERED THAT: There be and hereby is appropriated the sum of FIFTY-EIGHT THOUSAND, FIVE HUNDRED NINETY-FOUR DOLLARS ($58,594.00) same to be charged against AVAILABLE FUNDS and credited to DPW HIGHWAY PERSONAL SERVICES, LABOR ($38,594.00) and PARKS PERSONAL SERVICES, LABOR ($20,000.00) (Be Adopted) 015-19. ORDERED THAT: There be and hereby is appropriated the sum of FOUR HUNDRED THOUSAND AND 00/100 DOLLARS ($400,000.00) same to be charged against AVAILABLE FUNDS and credited to the following accounts for MS4/Stormwater compliance: DPW ADMIN. EXPENSES, MS4 CONTRACT SERVICES: $300,000.00 DPW ADMIN. PERSONAL SERVICES, MS4 TEMP. LABOR: 75,000.00 DPW ADMIN. PERSONAL SERVICES, MS4 ENGINEER: 25,000.00 (Be Adopted) 016-19. ORDERED THAT: There be and hereby is appropriated the sum of THIRTY-THREE THOUSAND, ONE HUNDRED NINETY-SEVEN AND 00/100 DOLLARS ($33,197.00) same to be charged against AVAILABLE FUNDS and credited to LAW OTHER EXPENSES, DAMAGES PERSONS AND PROPERTY ($20,297.00) and LAW OTHER EXPENSES, REGISTRY AND OTHER FEES ($12,900.00) (Be amended to strike “$20,297.00” and be adopted as amended.) 017-19. ORDERED THAT: There be and hereby is appropriated the sum of TWO HUNDRED THOUSAND AND 00/100 DOLLARS ($200,000.00) same to be charged against AVAILABLE FUNDS and credited to SCHOOL DEPARTMENT, CAPITAL IMPROVEMENTS for the purpose of replacing the water pipe at the South Street Elementary School West building ($72,000.00), two FHS water pressure tanks ($14,000.00), and door replacement at Longsjo Middle School and Crocker Elementary School ($114,000.00) (Be Adopted) 018-19. ORDERED THAT: There be and hereby is appropriated the sum of TWO HUNDRED SIXTY-SEVEN THOUSAND SEVEN HUNDRED SEVENTY DOLLARS ($267,770) same to be charged against AVAILABLE FUNDS, and credited to FIRE PERSONAL SERVICES ($258,470) and to FIRE PERSONAL SERVICES OVERTIME ($9,300). (Be Adopted) Legislative Affairs Committee Oral Report Meeting of January 29, 2019, 6:00 PM 310-18. Councillors Beauchemin and Donnelly, to raise the fee in Chapter 149-10 of the Code of the City of Fitchburg to $300.00 per day. In Chapter 149-4 of the Code of the City of Fitchburg strike the phrase “except MGL Ch. 93 section 29-32” and in any other section of the Code where same is referenced. 067-18. Councilor Michael Kushmerek to require all short-term rental units to register and have a regular inspection as outlined in the attached document.  VIII. ORDERS-OTHER 023-19. ORDERED THAT: The City Council authorizes the Superintendent to submit to the MA School Building Authority the Statement of Interest form dated 2/12/19 for the South Street Elementary School located at 376 South Street, Fitchburg, MA which describes and explains the following deficiencies and the priority category(s) for which and application may be submitted to the MA School Building Authority in the future: South Street West Building Roof. South Street Building Boilers Priority #5. 024-19. ORDERED THAT: The City Council authorizes the Superintendent to submit to the MA School Building Authority the Statement of Interest form dated 2/12/19 for the Goodrich Academy located at 111 Goodrich Street, Fitchburg, MA which describes and explains the following deficiencies and the priority category(s) for which and application may be submitted to the MA School Building Authority in the future: Goodrich Academy Roof Priority #5. 025-19. ORDERED THAT: The City Council authorizes the Superintendent to submit to the MA School Building Authority the Statement of Interest form dated 2/12/19 for the Fitchburg High School located at 140 Arn-How Farm Road, Fitchburg, MA which describes and explains the following deficiencies and the priority category(s) for which and application may be submitted to the MA School Building Authority in the future: Fitchburg High School Roof Priority #5. IX. PETITIONS 026-19. MA Electric Company, and Verizon New England, Inc., to petition the City of Fitchburg to grant an easement for the right to construct and maintain An “OVERHEAD SYSTEM” (Telephone poles) installed on the easterly side of South Street, on property known as Mare Meadow Reservoir, Westminster, MA, as outlined in the enclosed petition. (Public Hearing February 19, 2019) 027-19. Councilor Anthony M. Zarrella, to amend the rules of the Fitchburg City Council by adopting the following rule relative to the operation of Subcommittee meeting. At Committee meetings, only Councilors appointed to the Committee in question shall take their place as Councilors at the Council Table or equivalent and participate in proceedings. Other Councilors may attend as members of the public, but shall stand or be seated in the same area as public attendees, shall be subject to all rules governing public comment, and shall not, when addressing the Committee, be addressed as Councilors by the Committee. (Council as a Whole Committee) 028-19. Anna M. Farrell, City Clerk, to establish an Ordinance in the appropriate section of the City Code for wages for City of Fitchburg poll workers, according to the attached table, to be in compliance with minimum wage laws. (Finance Committee) 029-19. Fitchburg Planning Board, to amend the Fitchburg Zoning Ordinance by amending the Table of Principle Uses concerning Medical Offices and to further define different medical and medical office uses, per vote of the Fitchburg Planning Board January 8, 2019. (City Council Public Hearing April 2, 2019; Planning Board) Next Regular Meeting Tuesday, February 5, 2019, 7:00 PM