City Council

Feb 22 2021 1:33 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 16, 2021. The meeting was called to order by President Anthony Zarrella at 7:46 P.M. The Clerk stated the names of the Councillors who had logged in and ten Councillors were present. The meeting opened with a salute to the Flag led by Councillor Fleming. ------------------------------------------------------------------------------------------------------------------------------- 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 16, 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_EPwLSIy3TFCHA_U0pqAp1g 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 16, 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 16, 2020 The Appointments Committee recommended the following Appointments be confirmed: Re-Appointments: Board of Trustees for the Public Library (Term to expire January 2, 2023) Joanne Huse Cynthia Jones Board of Trustees for the Public Library (Term to expire January 2, 2024) Matt Bruun Robert Favini Mary Rice Hurley Report accepted. Appointments confirmed by unanimous consent 10/0. 10 members present. Board consists of 10 members. --------------------------------------------------------------------------------------------------------------------- Councillor Walsh recused herself from the following vote: The Appointments Committee recommended the following Appointment be confirmed: Board of Trustees for the Public Library (Term to expire January 2, 2024) James Walsh Report accepted. Appointment confirmed by unanimous consent 9/0. 9 members present. Board consists of 10 members. --------------------------------------------------------------------------------------------------------------------- The Appointments Committee recommended the following Appointments be confirmed: Planning Board (Term to expire January 1, 2026 Paula M. Caron Conservation Commission (Term to expire January 1, 2024 Michael Donnelly Board of Health (Term to expire January 1, 2025) John Bogdasarian Ian Murray (Term to expire January 1, 2023) Sandra Knipe Human Rights Commission (Term to expire January 1, 2024 Barbara Nealon New Appointments: Board of Trustees for the Public Library (Term to expire January 2, 2023) Derrick Cruz Board of Trustees of Public Burial Grounds (Term to expire January 28, 2024) Michelle Antaya Sciabarrasi Report accepted. Appointments confirmed by unanimous consent 10/0. 10 members present. Board consists of 10 members. --------------------------------------------------------------------------------------------------------------------- III. REPORT OF COMMITTEE ON RECORDS The Committee on records reported the minutes of the Regular Meeting of February 2, 2021 was correctly recorded. Report accepted and minutes adopted. --------------------------------------------------------------------------------------------------------------------- IV. COMMUNICATION His Honor the Mayor Appointment Letters Mayoral Appointments 1. Vincent Pusateri, II, to be reappointed to the position of City Solicitor, for a one year term to expire January 1, 2022. 2. Ms. Mary E. Cringan, to serve as a Mayoral Appointment on the Fitchburg Retirement Board. Appointments read and placed on file in the City Clerk’s Office. --------------------------------------------------------------------------------------------------------------------- New Appointment Ms. Krista Ford-Rhodes, as a member of the Human Rights Commission, to complete Mr. Adrian Ford’s term, to expire May 1, 2022. Appointment read and referred to the Appointments Committee. --------------------------------------------------------------------------------------------------------------------- A motion to take the Legislative Affairs Committee report out of order was approved by unanimous consent 10/0. President Zarrella noted that if the Council members had more changes or corrections that they would like to address, these could be taken up at the Public Hearing being held March 2, 2021. ---------------------------------------------------------------------------------------------------------------------  V. REPORTS OF COMMITTEES Economic Development Committee Oral Report Meeting of February 3, 2021 The Economic Development Committee reviewed recommendations for each section listed below: 005-21. Fitchburg Planning Board, to amend the Fitchburg Zoning Ordinance by Incorporating the following provisions:  RC Zoning Amendment  Agriculture & Agricultural related activities  Farmers Markets  Infill Development amendment  Accessory Dwelling Units  Drive Through Site Plan Review Amendment  Sec. 181.53 Signs amendment  Multi Family Development  Off-Street Parking Amendment (Phase II Review of Zoning Ordinance (Ordinance 172-2020 (Petition 029-20) and Petition 220-2020): http://www.ci.fitchburg.ma.us/DocumentCenter/Index/816) Councilor Van Hazinga outlined the edits considered by the Economic Development Committee: http://www.ci.fitchburg.ma.us/AgendaCenter/ViewFile/Minutes/_02032021-2209 Report accepted by unanimous consent 10/0. 10 members present. Board consists of 10 members. --------------------------------------------------------------------------------------------------------------------- Legislative Affairs Committee Meeting of February 3, 2021 The Legislative Affairs Committee reviewed recommendations for each section listed below: 005-21. Fitchburg Planning Board, to amend the Fitchburg Zoning Ordinance by Incorporating the following provisions:  RC Zoning Amendment  Agriculture & Agricultural related activities  Farmers Markets  Infill Development amendment  Accessory Dwelling Units  Drive Through Site Plan Review Amendment  Sec. 181.53 Signs amendment  Multi Family Development  Off-Street Parking Amendment Phase II Review of Zoning Ordinance (Ordinance 172-2020 (Petition 029-20) and Petition 220-2020): http://www.ci.fitchburg.ma.us/DocumentCenter/Index/816 Councilor Walsh noted that as the scope of the meeting was lengthy, she would defer reading the changes, but rather direct Council to the Minutes of the meeting: http://www.ci.fitchburg.ma.us/AgendaCenter/ViewFile/Minutes/_02032021-2208 Report accepted by unanimous consent 10/0. 10 members present. Board consists of 10 members. --------------------------------------------------------------------------------------------------------------------- Finance Committee Meeting of February 9, 2021 (edited date) The Finance Committee recommended the following Orders be adopted: 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. Report read and accepted. Orders adopted by unanimous consent 10/0. 10 members present. Board consists of 10 members. Orders signed by the Mayor February 17, 2021. Finance Committee Meeting Minutes 2-9-2021: http://www.ci.fitchburg.ma.us/AgendaCenter/ViewFile/Minutes/_02092021-2223 --------------------------------------------------------------------------------------------------------------------- 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. Councillor Beauchemin noted that it might be better to invest the funds into an account held by the City. Councillor DiNatale noted that in conversations with Auditor Brooks, this was not permitted under the current Statute. Loan Order was sent to a first reading and ordered advertised by unanimous roll call vote. 10 members present. Board consists of 10 members. --------------------------------------------------------------------------------------------------------------------- 020-21. Vincent P. Pusateri, II, Esquire, to Convert False alarm notifications fees to a municipal charge lien, as outlined in the enclosed petition. Petition granted by unanimous consent 10/0. 10 members present. Board consists of 10 members. Petition forwarded to the City Solicitor for Ordinance preparation. ------------------------------------------------------------------------------------------------------------------- VI. PUBLIC HEARING 009-21. UNITIL, Fitchburg Gas & Electric Company, for a proposed new pole #8 on McIntire Road, approximately 1470’ west of the intersection of Williams Road, as shown on sketch Plan No.3456-L, dated 1/5/2021. President Zarrella called the Public Hearing open. As Mr. Dee, Unitil Representative, was not present at the meeting, the Public Hearing was continued until March 16th by unanimous consent 10/0. 10 members present. Board consists of 10 members. --------------------------------------------------------------------------------------------------------------------- VII. ORDERS-FINANCE The following Orders were referred to the Finance Committee: 021-21. ORDERED THAT: the City of Fitchburg hereby approves the expenditure of funds from the CARES Act, U.S. Department of Housing and Urban Development, CDBG-CV3 Program in the approximate amount of $235,362.00 (TWO HUNDRED THIRTY-FIVE THOUSAND, THREE HUNDRED SIXTY- TWO AND 00/100 DOLLARS) for the purpose of said grant as follows: Homeowner and Renter Assistance $115,000.00 Homelessness Services 12,000.00 Support for Students 80,000.00 Food Insecurity 23,362.00 022-21. ORDERED THAT: the City of Fitchburg hereby approves the expenditure of funds from the Massachusetts Emergency Management Agency grant in the approximate amount of $5,000.00 (FIVE THOUSAND AND 00/100 DOLLARS) for the purpose of said grant, which is to purchase equipment for the city’s Community Emergency Response Team (CERT). --------------------------------------------------------------------------------------------------------------------- VIII. ORDERS-OTHER 023-21. ORDER: Authorizing the Mayor to sell the parcel of land at 65 Minneapolis Avenue, Fitchburg, and to execute the deed of conveyance as outlined in the enclosed Order. Motion to Suspend the Rules passed by unanimous consent 10/0. Order adopted by unanimous consent 10/0. 10 members present. Board consists of 10 members. Order signed by the Mayor February 17, 2021. --------------------------------------------------------------------------------------------------------------------- The following Orders were referred to a Public Hearing March 16, 2021: 024-21. ORDER OF NOTICE: Setting the date of a public hearing for the Laying out of a portion of Tibbett Circle as a public street or way. (Reference Petition #227-19) 025-21. ORDER: Laying out a portion of Tibbett Circle as a public way as outlined in the enclosed Order. --------------------------------------------------------------------------------------------------------------------- X. ORDINANCES 026-21. AN ORDINANCE: Amending the Code of the City of Fitchburg, Section 169-24, entitled “Parking Prohibited at All Times”, re: Beech Street, as outlined in the enclosed Ordinance. (Reference Petition 193-20) 027-21. AN ORDINANCE: Amending the Code of the City of Fitchburg, Section 169-25, entitled “Parking Prohibited Certain Hours, re: Drury Lane, as outlined in the enclosed Ordinance. (Reference Petition 88-20) 028-21. AN ORDINANCE: Amending the Code of the City of Fitchburg, Section 169-24, entitled “Parking Prohibited at All Times”, re: Ellis Street and Kingsbury Street as outlined in the enclosed Ordinance. (Reference Petition 88-20) 029-21. AN ORDINANCE: Amending Chapter 44 of the Code of the City of Fitchburg to cover FY2021, FY2022, FY2023, and adding three positions as outlined in the enclosed Ordinance. 030-21. AN ORDINANCE: Amending Chapter 44, Section 10 ofthe Code oftheCity of Fitchburg: Under Positions Paid Yearly-City Solicitor and Assistant City Solicitor. Ordinances were sent to a first and second reading and ordered advertised by unanimous consent 10/0. lOmemberspresent. Board consists oflO members. X. ANNOUNCEMENT The British American Club will be holding a Spaghetti and Meatball Dinner on Saturday^ Febmary 27, from 5-7 PM. Tickets are on sale for $8.00 each. The meeting adjoumed at 8:17 P.M. fWr M^y 3e Aldefete, City Clerk