City Council

^ December 3, 2019 \ Regular Meeting The regular meeting of the Ci.ty Council of the City of Fitchburg was held in the Memorial Middle School Library, '615 Rollstone St., Fitchburg, .on December 3, 2019. The meeting was called to order by President Michael Kushmerek at 7:05 P.M. The Clerk called the roll and ten (10) Counciliors were present. Councillor Clark was absent. The meeting ope.ned with a salute ' ''-".':.: For the Record to the Flag led by Councillor DiNatale. Noted for the record: FATV was recording the audio and video of the me'eting. Records REPORT OF COMMITTEE ON RECORDS The'Committee on records reported the. minutes of the Regular. Meeting of November 19, 2019/r were correctly recorded. Report accepted and minufes adopted. Communication COMMUNICATION Pension Reserves Pension Reserves Investment Board Investment Board iiii B- . ^ uj y? d »h ^: 3C ^3C o 's s £? w CSJ •ll'li y u: ^ 1 II- i ^ .^.! ^ N N^ N^ is ss 1 %^ s .2 ;§ ^ 3 § ••••n©n«©«n«@ia«aB Bs ^ °° Is "^ ??ill?IJIIJ? i fc s 1& s p ^ ^ ^ ^ i^ *r* .&• ^ 8 s 8 S ^ s Communication read and placed on file in the City Clerk's Office.  December 3, 2019 ^ Orders-Finance ORDERS-FINANCE The following Orders were referred to the Finance Committee: 280-19. ORDERED THAT: There be and hereby is appropriated the sum of ONE HUNDRED NINE THOUSAND, SIX HUNDRED TWO AND 00/100 DOLLARS ($109,602.00) same to be charged against AVAILABLE FUNDS and credited to POLICE, CAPITAL EXPENDITURES, VEHICLE REPLACEMENT for the purpose of replacing two police vehicles. 281-19. ORDERED THAT: There be and hereby is appropriated the sum of SIXTY-ONE THOUSAND AND 00/100 DOLLARS (361,000.00) same to be charged against AVAILABLE FUNDS and credited to FIRE, CAPITAL EXPENDITURES, AUTOMOBILE for a shift commander's vehicle. 282-19. ORDERED THAT: There be and hereby is appropriated the sum of SIXTEEN THOUSAND, SIX HUNDRED TWELVE AND 00/100 DOLLARS ($16,612.00) same to be charged against AVAILABLE FUNDS and credited to LIBRARY EXPENSES, BUILDING MAINTENANCE. 283-19. ORDERED THAT: The City of Fitchburg hereby approves ' , the expenditure of funds from the Commonwealth of Massachusetts, Executive Office of Energy and Environmental Affairs, LAND grant program in the approximate amount of $237,440.00 (TWO HUNDRED THIRTY- SEVEN THOUSAND, FOUR HUNDRED FORTY AND 00/100 DOLLARS) for the purpose of said grant, which is for the costs of purchasing a conservation restriction on certain parcels of land in Fitchburg known as Jewell Hill Farm. 284-19. ORDERED THAT: The City of Fitchburg hereby approves the expenditure of funds from the Trustees of Reservations in the approximate amount of $94,200.00 (NINETY-FOUR THOUSAND, TWO HUNDRED AND 00/100 DOLLARS) for the purpose of purchasing a conservation restriction on certain parcels of land in Fitchburg known as Jewell Hill Farm. 285-19. ORDERED THAT: There be and hereby is appropriated the sum of EIGHTEEN THOUSAND AND 00/100 DOLLARS ($18,000.00), same to be, charged against FUND BALANCE RESERVED FOR LAND PURCHASES and credited to WATER CAPITAL EXPENDITURES, LAND PURCHASES. 286-19. ORDERED THAT: The Mayor is hereby authorized to execute contracts, agreements and any amendments thereto for the purchase of a conservation restriction, as defined in and authorized by Massachusetts General Laws, Chapter 184, Sections 31-33, on approximately 138 acres of land in Fitchburg, known as Jewell Hill Farm, being Assessors parcels R59/999, S10/4; S10/5; 310/15; 310/16, said conservation restriction to be held jointly by the City of Fitchburg Conservation Commission and the Water and Wastewater Commission, for conservation and water supply protection purposes, pursuant to Massachusetts General Laws, Chapter 40, Sections 8C, 39B, 39E, and 41, and Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts.  ^ ^ December 3, 2019 Order-Other ORDER-OTHER 287-19. ORDERED THAT: The Mayor is authorized tb approve the execution and delivery of the Extens-ion to Contract . for the Supply of Water Between the City. of Fitchbu.rg and' Wachusett Mountain Associates, as outlined in the enclosed Order. ®ttgof <3ftltl(burg FiTCIiByRBCtTYCLEftK %WNOV26 &H8i5r In City Council, ORDERED:- That WHEREAS, on April 30, 1999» &e City of Htchburg (City) entered mto att agreement with WachusettMoimtain Associates, Inc. (WMA) whereby fhe City agreed to supply WMA. witih water. WHEREAS, 1lie tenn offhe agreement is set to last for frwenty (20) years aad provides for aa .extensionQfj5ve(5)years; . WHEREAS, the agreement permits amendment provided fhat fhe same is in writing. , WHEREAS, fhe City is currently in good faith negotiations wifh WMA. NOW THEREFORE, IT IS ORDERED, fhat the City of Fitchburg shall, through its Mayor Stephen L. DiNatale, approve and aufhorize fhe execution and delivery of the Extension to Contract for the Supply of Water Between. fhe City of Fitchburg and Wachusett Mountam Associates, in the current or substaiitially smiilar fonn, aad to authorize all other acts and documents which may be necessary, helpful or convenient, to effectuate the purposes offhe same.  December 3, 2019 •v ^ Order-Other \ w^Ei6p^a'ir:ismmiteBK.jSii!^p||^' ^la^yi^B1 ^^^^^M. fa ^^MS^ss :%idiHa^S(fe6BjA:&s»E&fe<8EBeB^^.dlA|>A^;I^^^^^ I, .SeBWa»-w Bte Afe L^S^ t eS &e ^Iffiffl s. y^tas^^i^s^^^^'^^'^^^ ;fe^ir''api&'lte&:' •i£3Tsr'lym's^w^ ..T< ,.!®r:,,.._.^..,..... %i^ —,.-., ^K)v^.i®te,.fetai,iEni|^|^; ^y^. z^ ^ ^s: I g ^ ^ c^ r^ '^ ^ ^, €30 cr? ? n"i X? ^ Order adopted under Suspension of the Rules by unanimous vote. 10 members present. Board consists of ll.members. Order signed by the Mayor December 5, 2019.  ^ December 3, 2019 Ordinances ORDINANCES 288-19. AN ORDINANCE: Section 149-4, entitled "Issuance of Permit" shall be amended by inserting "To alter the content of a billboard, the alteration shall be referred to the Planning Board 'for review" and shall read as follows; Permits for the erection and alteration of signs will be issued by the Inspector 6f Buildings in compliance with the provisions of this chapter, zoning regulations and the building codes of the City, except for signs regulated by M.G.L. c. 93, §§ 29 through 32, inclusive. To alter the content of a billboard, the alteration shall be referred, to the Planning Board for review. (Reference Petition #310-18) 289-19. AN ORDINANCE: Section 149-10, entitled "Violations and Penalties" shall be amended by striking "$5.00" and inserting "$300.00" in its place and shali read as follows; Any person placing or maintaining any' such structure contrary to the provisions of this chapter or of the zoning ordinances and building codes of the City shall be punishable 'by a fine not exceeding $300.00 for each day during which such structure is placed or maintained contrary to such provisions after five daysT. notice to remove the same has been given by the City Council or by 'Upon a public officer acting by the Chief of Police. violation of this chapter or other provisions regulating signs in th.e City,. the City Council may rev.oke any permit granted hereunder. (See M.G.L. c. 85, § 8.) (Reference Petition #310-18) Ordinances were sent to a first and second reading and ordered advertised by unanimous vote. 10 members present. Board consists of 11 members.  ^ ,December,3^,,2019, Petitions PETITIONS The following Petition was referred to the Public Safety Committee: 290-19. Councillors Marcus DiNatale.and Elizabeth Walsh, to request a review of the Mount Elam Road/Electric Avenue intersection with respect to pedestrian safety measures. Residents in the area are requesting, for example, a crosswalk from Mount Elam across Electric Avenue and signage. The following Petition was referred to the Legislative Affairs Coimnittee and the City Property Committee: 291-19. Dennis A. Bradley & Alida Calvillo, to amend the nine month condition, covenant, restriction, reservation, term to obtain a building permit to 15 months or for the city to waive rights in said condition subsequent as outlined in the enclosed Petition. Council President Kushmerek took a moment to express his gratitude to the Department of Public Works for their hard work in clearing the streets after the most recent snow. storm. Mayor DiNatale noted that the storm had brought approximately 27 inches of snow and the DPW had been laboring for over 72 hours continuously, and he was very grateful for their efforts. The meeting adjourned at 7:12 P.M. -\ ^^^/y .<- 6^<^^ Amanda Alford, Ass^gtant"C±ty Clerk