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City Council

Regular Meeting

Fitchburg, MA · February 2, 2021

AgendaMinutes

Minutes

Feb 08 2021 12:03 pm City of Fitchburg Massachusetts 01420 CITY COUNCIL Councillors at Large President Anthony M. Zarrella Ward Councillors Marcus L. DiNatale Ward 1 – Bernard J. Schultz III Amy Green Ward 2 – Paul R. Beauchemin Samantha M. Squailia Vice President Elizabeth R. Walsh Ward 3 – Andrew J. Couture Anthony M. Zarrella Ward 4 – Andrew J. Van Hazinga Vacant Ward 5 – Marisa R. Fleming Ward 6 – Elizabeth R. Walsh The regular meeting of the City Council of the City of Fitchburg was held over the Zoom meeting platform and live streamed at FATV Studios, Fitchburg, on February 2, 2021. The meeting was called to order by President Anthony Zarrella at 7:01 P.M. The Clerk stated the names of the Councillors who have logged in and ten Councillors were present. The meeting opened with a salute to the Flag led by Councillor Couture. ------------------------------------------------------------------------------------------------------------------------------- I. PUBLIC FORUM The following statement was issued for anyone wishing to participate the Public Forum: The public is invited to participate in the Zoom webinar of Feb 2, 2021 07:00 PM Eastern Time Topic: Fitchburg City Council Meeting Register in advance for the Public Comment/Hearing portion of the Agenda by going to: https://us02web.zoom.us/webinar/register/WN_FjOeRxzsSkWklTz2mArG6w After registering, you will receive a confirmation email containing information about logging in to join the webinar. Alternatively, comments of not more than two (2) minutes may be sent to the City Clerk’s Office by NOON on February 2, 2021 by calling 978-829-1820 or via email at: cityclerk@fitchburgma.gov. Mariah and Toriano Pridgen, 15 Federal Street, attended the meeting. Ms. Pridgen read a prepared statement regarding Petition 228-20. Ms. Pridgen stated that they had watched the Public Works Committee of January 26th and felt that they had been excluded from and were not allowed to share or give their opinions or their desires or hopes pertaining to the Black Lives Matter petition. Ms. Pridgen also said that as the DPW Commissioner/Engineer failed to specify any policies or laws pertaining to not allowing them a space or place for a Black Lives Matter banner, that they should be given the opportunity to do so, as initially directed to us by the then President, Michael Kushmerek. Ms. Pridgen noted that as they had been excluded, they were deprived the opportunity to address the confusion that transpired at the meeting, and felt that they could have offered the Committee members insight on their wishes, and offered a compromise. She noted that they would have been more than happy to accept the placement of the banner or flag anywhere and would have agreed to the maintenance and upkeep of it. The meeting on January 26th was the exact reason they state “I matter, you matter, we matter, black lives matter” in a City built, for hundreds of years, on inclusion, diversity, and unity, and literally has been a place of history when it comes to the fair treatment of slaves, they did not understand today’s resistance. They would like to remind the Committee of a meeting that was held on December 8th in which a commitment was made at that meeting to strengthen inclusion and diversity and take the necessary steps to assure the progress of the City. In closing, we would just ask respectfully that our petition be given another opportunity at the DPW Committee or any other Committee that this body deems appropriate so that we may be included in the conversation about matters pertaining to lives that matter, and that she would just like to state one last thing this evening is that, “we come before you this evening on the eve that Black Lives Matter has been nominated for the Nobel Peace Prize, so this has a lot of meaning to us, as well as the hundreds of other people that signed the Petition for this banner and we thank you, again for your attention to this matter” --------------------------------------------------------------------------------------------------------------------- II. REPORT OF COMMITTEE ON RECORDS The Committee on records reported the minutes of the Regular Meeting of January 19, 2021 was correctly recorded. Report accepted and minutes adopted. --------------------------------------------------------------------------------------------------------------------- III. REPORT OF THE APPOINTMENTS COMMITTEE Appointments Committee Oral Report Meeting of February 2, 2020 The Appointments Committee recommended the following Appointment be confirmed: Re-Appointment: Board of Park Commissioners (Term to expire April 1, 2025) Mr. James McGrath Report accepted. Appointment confirmed by unanimous consent 10/0. 10 members present. Board consists of 11 members. --------------------------------------------------------------------------------------------------------------------- The Appointments Committee recommended the following Appointment be confirmed: New Appointment: Full-Time Police Officers for the City of Fitchburg: Zareus Z. Ramos Report accepted. Appointment confirmed by unanimous consent 10/0. 10 members present. Board consists of 11 members. --------------------------------------------------------------------------------------------------------------------- The Appointments Committee recommended the following Appointments be given leave to withdraw: New Appointments: Full-Time Police Officers for the City of Fitchburg: Cedric A. Robinson Angelo J. Ramos, Jr. Report accepted. Appointments given leave to withdraw by unanimous consent 10/0. 10 members present. Board consists of 11 members. --------------------------------------------------------------------------------------------------------------------- IV. COMMUNICATION His Honor the Mayor Appointment Letters Re-Appointment Letters 1. Board of Trustees for the Public Library, term to expire January 2, 2023: Joanne Huse Cynthia Jones 2. Board of Trustees for the Public Library, term to expire January 2, 2024: Matt Bruun Robert Favini Mary Rice Hurley James Walsh 3. Ms. Paula M. Caron, as a member of the Planning Board, term to expire January 1, 2026. 4. Mr. Michael Donnelly, as a member of the Conservation Commission, term to expire January 1, 2024. 5. Mr. John Bogdasarian, as a member of the Board of Health, term to expire January 1, 2025. 6. Mr. Ian Murray, as a member of the Board of Health, term to expire January 1, 2025. 7. Ms. Sandra Knipe, as a member of the Bord of Health, term to expire January 1, 2023. 8. Ms. Barbara Nealon, as a member of the Human Rights Commission, term to expire January 1, 2024. New Appointment Letters 1. Mr. Derrick Cruz, Board of Trustees for the Public Library, term to expire January 2, 2023. 2. Ms. Michelle Antaya Sciabarrasi, as a member of the Fitchburg Trustees of Public Burial Grounds, term to expire on January 28, 2024. Appointments read and referred to the Appointments Committee. --------------------------------------------------------------------------------------------------------------------- V. ANNUAL REPORTS 010-21. ANNUAL REPORT: City Auditor’s Report, June 30, 2020. 011-21. ANNUAL REPORT: Montachusett Regional Vocational Technical School District, for the year 2020. Reading waived. Reports placed on file in the City Clerk’s Office. --------------------------------------------------------------------------------------------------------------------- VI. REPORTS OF COMMITTEES Finance Committee Meeting of January 26, 2021 The Finance Committee recommended the following Orders be adopted: 003-21. ORDERED THAT: The City of Fitchburg hereby approves the expenditure of funds from the Crocker Field Restoration Committee in the approximate amount of $17,600.00 (SEVENTEEN THOUSAND, SIX HHUNDRED AND 00/100 DOLLARS) FOR THE PURPOSE OF SAID GIFT, WHICH IS FOR THE Crocker Field Concrete Rehabilitation at Grandstands. 007-21. ORDERED THAT: The City of Fitchburg hereby approves the expenditure of funds from the Massachusetts Executive Office of Public Safety and Security, FY21 Shannon Community Safety Initiative grant in the approximate amount of $336,400.00 (THREE HUNDRED THIRTY-SIX THOUSAND, FOUR HUNDRED AND 00/100 DOLLARS) for the purpose of said grant, which is to reduce gang and youth related violence. 008-21. ODERED THAT: The City of Fitchburg hereby approves the expenditure of funds from the Massachusetts Executive Office of Public Safety and Security VAWA grant in the approximate amount of $59,375.00 (FIFTY-NINE THOUSAND, THREE HUNDRED SEVENTY-FIVE AND 00/100 DOLLARS) for the purpose of said grant, which is to support the Domestic Violence Advocate position within the Police Department. Report read and accepted. Orders adopted by unanimous consent 10/0. 10 members present. Board consists of 11 members. Orders signed by the Mayor February 3, 2021. --------------------------------------------------------------------------------------------------------------------- Public Works Committee Meeting of January 26, 2021 228-20. Toriano and Mariah Pridgen, and various Fitchburg residents, to petition for a Black Lives Matter banner to be painted on the stone wall on Kimball Street passing through the intersection. Mr. Nicolas Bosonetto, Commissioner of Public Works stated that regarding the Petition, the current City policies prohibit any type of content to be added to public city infrastructure. He noted that this policy was “content neutral” and that it applied across any type of request of this type. A brief discussion regarding reusing the petition in another way ensued. MOTION: To amend the disposition of the Petition to “Leave to Withdraw without Prejudice” was approved by roll call vote 6 in favor and 4 opposed (Couture, DiNatale, Fleming, Green). 10 members present. Board consists of 11 members. --------------------------------------------------------------------------------------------------------------------- The Public Works Committee recommended the following Petition be granted: 246-20. Councilor Marcus DiNatale and Councilor Marisa Fleming, on behalf of resident Tyler Scipione, to petition City to repair/replace the sidewalk in front of 89 Highland Ave. --------------------------------------------------------------------------------------------------------------------- The Public Works Committee recommended the following Petition be held in Committee: 046-20. Councillors Marisa Fleming and Marcus DiNatale, to declare Ethier Street a Public Way. --------------------------------------------------------------------------------------------------------------------- The Public Works Committee recommended the Petition be amended to read the corrected spelling: Cetrino, and be held as amended: 089-20. Councillor Bernie Schultz, and resident Alex Freeman of 70 Rainville Avenue, to remove the “No Turn on Red” sign at the intersection of John T. Centrino Memorial Drive and Water Street. --------------------------------------------------------------------------------------------------------------------- The Public Works Committee recommended the following Petition be held in Committee: 177-20. Councillor Paul Beauchemin, to petition the City to add a berm in front of 78 St. Joseph Ave., in order to address water and sand issues faced by residents in the winter. Berm should be placed from the start of the sidewalk to the berm on Daniels St. MOTION to accept entire Public Works Report was approved by roll call vote 6 in favor and 4 opposed (Couture, DiNatale, Fleming, Green). 10 members present. Board consists of 11 members. --------------------------------------------------------------------------------------------------------------------- VII. PUBLIC HEARING 006-21. UNITIL, Fitchburg Gas & Electric Company, for a proposed new pole #15 Approximately 45’ north of existing pole #14 at intersection of Industrial Road and Westminster Hill Road. The hearing was declared opened. Mr. James Dee, was present representing Unitil. No one spoke in favor or opposition to the petition. Hearing closed. Motion to approve the petition was granted by unanimous consent 10/0. 10 members present. Board consists of 11 members. --------------------------------------------------------------------------------------------------------------------- VIII. ORDERS-FINANCE The following Orders were referred to the Finance Committee: 012-21. ORDERED THAT: The City of Fitchburg hereby approves the expenditure of funds from the Massachusetts Executive Office of Energy and Environmental Affairs, Municipal Vulnerability Preparedness Program Action Grant in the approximate amount of $271,787.00, (TWO HUNDRED SEVENTY-ONE THOUSAND, SEVEN HUNDRED EIGHTY-SEVEN AND 00/100 DOLLARS) for the purpose of said grant, which is to begin the planning and design of green infrastructure stormwater improvements along John Fitch Highway. 013-21. ORDERED THAT: The City of Fitchburg hereby approves the expenditure of funds from the Massachusetts Department of Environmental Protection Asset Management Grant Program in the approximate amount of $96, 600.00 (NINETY-SIX THOUSAND, SIX HUNDRED AND 00/100 DOLLARS), for the purpose of said grant, which is to begin the development of a Geographic Information System based asset management program for the Water Department. 014-21. ORDERED THAT: The City of Fitchburg hereby approves the expenditure of funds from the Massachusetts Executive Office of Energy and Environmental Affairs, Greening the Gateway Cities Municipal Grant Program in the approximate amount of $20,000.00 (TWENTY THOUSAND AND 00/100 DOLLARS) for the purpose of said grant, which is to plant trees in city parks and rights of way within the designated planting zone. 015-21. ORDERED THAT: The City of Fitchburg hereby approves the expenditure of funds from the Community Foundation of North Central Massachusetts grant in the approximate amount of $2,500.00 (TWO THOUSAND, FIVE HUNDRED AND 00/100 DOLLARS) for the purpose of said grant, which is to be used towards wayfinding and informational signage for the Rollstone Hill Trail. 016-21: LOAN ORDER: Appropriate FOUR MILLION, FIVE HUNDRED THOUSAND DOLLARS ($4,500,000) to pay costs of the City’s SCADA upgrade and Falulah transmission main water projects, as outlined in the enclosed Loan Order. --------------------------------------------------------------------------------------------------------------------- IX. ORDER-OTHER 017-21. ORDER: Establishing the dates of the City of Fitchburg Municipal Election Calender. Motion to Suspend the Rules passed by unanimous consent 10/0. Order adopted by unanimous consent 10/0. 10 members present. Board consists of 11 members. Order signed by the Mayor February 3, 2021. --------------------------------------------------------------------------------------------------------------------- X. RESOLUTION 018-21. RESOLUTION: Adopting the City of Fitchburg 2020 Hazard Mitigation Plan- Municipal Vulnerability Preparedness Plan. The link for the Appendix and Hazard Mitigation Plan may be found here: http://www.ci.fitchburg.ma.us/DocumentCenter/Index/817 Motion to Suspend the Rules passed by unanimous consent 10/0. Order adopted by unanimous consent 10/0. 10 members present. Board consists of 11 members. Order signed by the Mayor February 3, 2021. --------------------------------------------------------------------------------------------------------------------- X. PETITIONS The following Petition was referred to the Council as as Whole Committee: 019-21. Councillor Paul Beauchemin, to petition for a proposed amendment to Rule 4.6: (re: Standing Committees) --------------------------------------------------------------------------------------------------------------------- The following Petition was referred to the Finance Committee and the Legislative Affairs Committee: 020-21. Vincent P. Pusateri, II, Esquire, to Convert False alarm notifications fees to a municipal charge lien, as outlined in the enclosed petition. --------------------------------------------------------------------------------------------------------------------- XI. ANNOUNCEMENTS No Announcements were made. --------------------------------------------------------------------------------------------------------------------- The meeting adjourned at 7:42 P.M. ______________________________________ Mary de Alderete, City Clerk

Agenda

I. PUBLIC FORUM The public is invited to participate in the Zoom webinar of Feb 2, 2021 07:00 PM Eastern Time Topic: Fitchburg City Council Meeting Register in advance for the Public Comment/Hearing portion of the Agenda by going to: https://us02web.zoom.us/webinar/register/WN_FjOeRxzsSkWklTz2mArG6w After registering, you will receive a confirmation email containing information about logging in to join the webinar. Alternatively, comments of not more than two (2) minutes may be sent to the City Clerk’s Office by NOON on February 2, 2021 by calling 978-829-1820 or via email at: cityclerk@fitchburgma.gov. II. REPORT OF THE APPOINTMENTS COMMITTEE Appointments Committee Oral Report Meeting of February 2, 2020 Re-Appointment: Board of Park Commissioners (Term to expire April 1, 2025) Mr. James McGrath New Appointments: Full-Time Police Officers for the City of Fitchburg: Zareus Z. Ramos Cedric A. Robinson Angelo J. Ramos, Jr. III. REPORT OF COMMITTEE ON RECORDS IV. COMMUNICATION His Honor the Mayor Re-Appointment Letters 1. Board of Trustees for the Public Library, term to expire January 2, 2023: Joanne Huse Cynthia Jones 2. Board of Trustees for the Public Library, term to expire January 2, 2024: Matt Bruun Robert Favini Mary Rice Hurley James Walsh 3. Ms. Paula M. Caron, as a member of the Planning Board, term to expire January 1, 2026. 4. Mr. Michael Donnelly, as a member of the Conservation Commission, term to expire January 1, 2024. 5. Mr. John Bogdasarian, as a member of the Board of Health, term to expire January 1, 2025. 6. Mr. Ian Murray, as a member of the Board of Health, term to expire January 1, 2025. 7. Ms. Sandra Knipe, as a member of the Bord of Health, term to expire January 1, 2023. 8. Ms. Barbara Nealon, as a member of the Human Rights Commission, term to expire January 1, 2024. New Appointment Letters 1. Mr. Derrick Cruz, Board of Trustees for the Public Library, term to expire January 2, 2023. 2. Ms. Michelle Antaya Sciabarrasi, as a member of the Fitchburg Trustees of Public Burial Grounds, term to expire on January 28, 2024. V. ANNUAL REPORTS 010-21. ANNUAL REPORT: City Auditor’s Report, June 30, 2020. 011-21. ANNUAL REPORT: Montachusett Regional Vocational Technical School District, for the year 2020. VI. REPORTS OF COMMITTEES Finance Committee Meeting of January 26, 2021 003-21. ORDERED THAT: The City of Fitchburg hereby approves the expenditure of funds from the Crocker Field Restoration Committee in the approximate amount of $17,600.00 (SEVENTEEN THOUSAND, SIX HHUNDRED AND 00/100 DOLLARS) FOR THE PURPOSE OF SAID GIFT, WHICH IS FOR THE Crocker Field Concrete Rehabilitation at Grandstands. (Be Adopted) 007-21. ORDERED THAT: The City of Fitchburg hereby approves the expenditure of funds from the Massachusetts Executive Office of Public Safety and Security, FY21 Shannon Community Safety Initiative grant in the approximate amount of $336,400.00 (THREE HUNDRED THIRTY-SIX THOUSAND, FOUR HUNDRED AND 00/100 DOLLARS) for the purpose of said grant, which is to reduce gang and youth related violence. (Be Adopted) 008-21. ODERED THAT: The City of Fitchburg hereby approves the expenditure of funds from the Massachusetts Executive Office of Public Safety and Security VAWA grant in the approximate amount of $59,375.00 (FIFTY-NINE THOUSAND, THREE HUNDRED SEVENTY-FIVE AND 00/100 DOLLARS) for the purpose of said grant, which is to support the Domestic Violence Advocate position within the Police Department. (Be Adopted) Public Works Committee Meeting of January 26, 2021 228-20. Toriano and Mariah Pridgen, and various Fitchburg residents, to petition for a Black Lives Matter banner to be painted on the stone wall on Kimball Street passing through the intersection. (Be given leave to withdraw) 246-20. Councilor Marcus DiNatale and Councilor Marisa Fleming, on behalf of resident Tyler Scipione, to petition City to repair/replace the sidewalk in front of 89 Highland Ave. (Be Granted) 046-20. Councillors Marisa Fleming and Marcus DiNatale, to declare Ethier Street a Public Way. (Be Held) 089-20. Councillor Bernie Schultz, and resident Alex Freeman of 70 Rainville Avenue, to remove the “No Turn on Red” sign at the intersection of John T. Centrino Memorial Drive and Water Street. (Be amended to read the corrected spelling: Cetrino, and be held as amended) 177-20. Councillor Paul Beauchemin, to petition the City to add a berm in front of 78 St. Joseph Ave., in order to address water and sand issues faced by residents in the winter. Berm should be placed from the start of the sidewalk to the berm on Daniels St. (Be Held) VII. PUBLIC HEARING 006-21. UNITIL, Fitchburg Gas & Electric Company, for a proposed new pole #15 Approximately 45’ north of existing pole #14 at intersection of Industrial Road and Westminster Hill Road. VIII. ORDERS-FINANCE 012-21. ORDERED THAT: The City of Fitchburg hereby approves the expenditure of funds from the Massachusetts Executive Office of Energy and Environmental Affairs, Municipal Vulnerability Preparedness Program Action Grant in the approximate amount of $271,787.00, (TWO HUNDRED SEVENTY-ONE THOUSAND, SEVEN HUNDRED EIGHTY-SEVEN AND 00/100 DOLLARS) for the purpose of said grant, which is to begin the planning and design of green infrastructure stormwater improvements along John Fitch Highway. 013-21. ORDERED THAT: The City of Fitchburg hereby approves the expenditure of funds from the Massachusetts Department of Environmental Protection Asset Management Grant Program in the approximate amount of $96, 600.00 (NINETY-SIX THOUSAND, SIX HUNDRED AND 00/100 DOLLARS), for the purpose of said grant, which is to begin the development of a Geographic Information System based asset management program for the Water Department. 014-21. ORDERED THAT: The City of Fitchburg hereby approves the expenditure of funds from the Massachusetts Executive Office of Energy and Environmental Affairs, Greening the Gateway Cities Municipal Grant Program in the approximate amount of $20,000.00 (TWENTY THOUSAND AND 00/100 DOLLARS) for the purpose of said grant, which is to plant trees in city parks and rights of way within the designated planting zone. 015-21. ORDERED THAT: The City of Fitchburg hereby approves the expenditure of funds from the Community Foundation of North Central Massachusetts grant in the approximate amount of $2,500.00 (TWO THOUSAND, FIVE HUNDRED AND 00/100 DOLLARS) for the purpose of said grant, which is to be used towards wayfinding and informational signage for the Rollstone Hill Trail. 016-21: LOAN ORDER: Appropriate FOUR MILLION, FIVE HUNDRED THOUSAND DOLLARS ($4,500,000) to pay costs of the City’s SCADA upgrade and Falulah transmission main water projects, as outlined in the enclosed Loan Order. IX. ORDER-OTHER 017-21. ORDER: Establishing the dates of the City of Fitchburg Municipal Election Calender. X. RESOLUTION 018-21. RESOLUTION: Adopting the City of Fitchburg 2020 Hazard Mitigation Plan- Municipal Vulnerability Preparedness Plan. The link for the Appendix and Hazard Mitigation Plan may be found here: http://www.ci.fitchburg.ma.us/DocumentCenter/Index/817 X. PETITIONS 019-21. Councillor Paul Beauchemin, to petition for a proposed amendment to Rule 4.6: (re: Standing Committees) (Council as a Whole Committee) 020-21. Vincent P. Pusateri, II, Esquire, to Convert False alarm notifications fees to a municipal charge lien, as outlined in the enclosed petition. (Finance Committee, Legislative Affairs Committee) XI. ANNOUNCEMENTS Next Regular Meeting Tuesday, February 16, 7:00 PM

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