City Council

Mar 11 2021 12:02 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 Thomas Hughes Vice President Elizabeth R. Walsh Ward 3 – Andrew J. Couture Samantha M. Squailia Ward 4 – Andrew J. Van Hazinga Anthony M. Zarrella 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 March 2, 2021. The meeting was called to order by President Anthony Zarrella at 7:05 P.M. The Clerk stated the names of the Councillors who had logged in and ten Councillors were present. Councilor DiNatale joined the meeting at 7:10 PM. Councillor Green was absent. The meeting opened with a salute to the Flag led by Councillor Hughes. ------------------------------------------------------------------------------------------------------------------------------- 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 Mar 2, 2021 07:00 PM Eastern Time (US and Canada) 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_PY94f9VHRhetotodJnKxsw 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 March 2, 2021 by calling 978-829-1820 or via email at: cityclerk@fitchburgma.gov. --------------------------------------------------------------------------------------------------------------------- Motion by Council President Zarrella regarding Council Rules about remote participation passed by roll call vote of 9 in favor and 1 opposed (Beauchemin). 10 members present. Board consists of 11 members.  II. REPORT OF THE APPOINTMENTS COMMITTEE Appointments Committee Oral Report Meeting of March 2, 2020 The Appointments Committee recommended the following Appointment be confirmed: New Appointment: Member of the Human Rights Commission (To complete Mr. Adrian Ford’s term to expire May 1, 2022) Ms. Krista Ford-Rhodes Report read and accepted. Appointment confirmed by unanimous consent 10/0. 10 members present. Board consists of 11 members. --------------------------------------------------------------------------------------------------------------------- III. REPORT OF COMMITTEE ON RECORDS The Committee on records reported the minutes of the Regular Meeting of February 16, 2021 was correctly recorded. Report accepted and minutes adopted. --------------------------------------------------------------------------------------------------------------------- IV. COMMUNICATION His Honor the Mayor Appointment Letter Ms. Elizabeth Walsh, as a member of the Airport Commission, term to expire March 1, 2024. Mr. David Ginisi, as a member of the Airport Commission, term to expire March 1, 2024. Appointments read and referred to the Appointments Committee by unanimous consent 10/0. --------------------------------------------------------------------------------------------------------------------- V. COMMUNICATION His Honor the Mayor Re: CDBG Year 47 https://www.fitchburgma.gov/DocumentCenter/View/7772/Year-47-Mayor-Recommendation-to-Council Communication read and referred to the Finance Committee by unanimous consent 10/0. --------------------------------------------------------------------------------------------------------------------- VI. COMMUNICATION Council President Zarrella Appointment Letter Ms. Amanda Alford, to be re-appointed as the Assistant City Clerk, term to expire March 19, 2024. Appointment read and referred to the Appointments Committee by unanimous consent 10/0. -------------------------------------------------------------------------------------------------------------------------------  VII. ANNUAL REPORTS 032-21. ANNUAL REPORT: 2020 Annual Report of the City Clerk’s Office. https://ma-fitchburg.civicplus.com/DocumentCenter/View/7787/Annual-Report-of-the-City-Clerk-for-2020 033-21. ANNUAL REPORT: Fitchburg Redevelopment Authority, December 31, 2019. http://www.ci.fitchburg.ma.us/DocumentCenter/View/7739/FRA_Annual-Report-2020 Reading waived. Reports placed on file in the City Clerk’s Office by unanimous consent 10/0. 10 members present. Board consists of 11 members. --------------------------------------------------------------------------------------------------------------------- VIII. REPORTS OF COMMITTEES Motion to take the Economic Development Committee and the Legislative Affairs Committee together passed by unanimous consent 10/0: Economic Development Committee Oral Report Meetings of February 24 and 25, 2021 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 III Review of Zoning Ordinance (Ordinance 172-2020 (Petition 029-20) and Petition 220-2020): http://www.ci.fitchburg.ma.us/DocumentCenter/Index/832 Minutes of February 24, 2021: http://www.ci.fitchburg.ma.us/AgendaCenter/ViewFile/Minutes/_02242021-2254 Minutes of February 25, 2021: http://www.ci.fitchburg.ma.us/AgendaCenter/ViewFile/Minutes/_02252021-2255 Report accepted by unanimous consent 10/0. 10 members present. Board consists of 11 members. --------------------------------------------------------------------------------------------------------------------- Legislative Affairs Committee Oral Report Meetings of February 24 and 25, 2021 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 III Review of Zoning Ordinance (Ordinance 172-2020 (Petition 029-20) and Petition 220-2020): http://www.ci.fitchburg.ma.us/DocumentCenter/Index/832 Minutes of February 24, 2021 http://www.ci.fitchburg.ma.us/AgendaCenter/ViewFile/Minutes/_02242021-2252 Minutes of February 25, 2021 http://www.ci.fitchburg.ma.us/AgendaCenter/ViewFile/Minutes/_02252021-2253 Report accepted by unanimous consent 10/0. 10 members present. Board consists of 11 members. --------------------------------------------------------------------------------------------------------------------- Finance Committee Meeting of February 23, 2021 The Finance Committee recommended the following Orders be adopted: 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). Minutes of February 23, 2021 http://www.ci.fitchburg.ma.us/AgendaCenter/ViewFile/Minutes/_02232021-2250 Report read and accepted by unanimous consent 10/0. 10 members present. Board consists of 11 members. Orders signed by the Mayor March 9, 2021. --------------------------------------------------------------------------------------------------------------------- IX. PUBLIC HEARINGS 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. https://ma-fitchburg.civicplus.com/DocumentCenter/View/7788/Unitil-pole-petition-009-2021 Hearing was declared open. Mr. James Dee, Unitil Representative was present at the meeting, as well as the proposed building owner of the property. No one spoke in favor of or in opposition to the Petition. Councilor Beauchemin stated his opinion that utility lines should be installed underground. A brief discussion regarding future feasibility of adding this to the list of application requirements ensued. Hearing was closed. Petition was granted by unanimous consent 9/1 (Beauchemin). 10 members present. Board consists of 11 members. --------------------------------------------------------------------------------------------------------------------- 029-20. Fitchburg Planning Board, to amend the Fitchburg Zoning Ordinance as part of Phase 1 of an Ordinance update to make clarifications in the Table of Principle Uses as outlined in the Petition. http://www.ci.fitchburg.ma.us/DocumentCenter/Index/832 Thomas Skwierawski, Executive Director of Planning and Community Development, presented the slide show and accompanying changes suggested by the Economic Development Committee as well as the Legislative Affairs Committee. 029-20. Fitchburg Planning Board, to amend the Fitchburg Zoning Ordinance as part of Phase 1 of an Ordinance update to make clarifications in the Table of Principle Uses as outlined in the Petition. http://www.ci.fitchburg.ma.us/DocumentCenter/Index/832 Hearing was declared open. Thomas Skwierawski, Executive Director of Planning and Community Development, presented a PowerPoint with noted changes given by the Economic Development Committee as well as the Legislative Affairs Committee.  Approvals for each section, as well as the accompanying PowerPoint can be found here: https://www.fitchburgma.gov/DocumentCenter/View/7813/Public-Hearing-Minutes---Zoning-Changes-3-2-2021 President Zarrella noted that the items under discussion would be for Phase II, Bundle II, and that any motions to approve were being considered as an acceptance that the “sense of the Council that the language be adopted”, but that final approval would be discussed at the March 16th meeting. Motion to continue the Public Hearing to March 16th for final review adopted by unanimous consent 10/0. Board consists of 11 members. -------------------------------------------------------------------------------------------------------------------- X. ORDERS-FINANCE 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. (Final reading) Loan Order was sent to a final reading, adopted, and ordered advertised by roll call vote of 10 in favor and 0 opposed. 10 members present. Board consists of 11 members. Loan Order signed by the Mayor March 3, 2021. --------------------------------------------------------------------------------------------------------------------- The following Orders were referred to the Finance Committee by unanimous consent 10/0: 034-21. ORDERED THAT: There be and hereby is appropriated the sum of THREE HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($350,000.00) same to be charged against AVAILABLE FUNDS and credited to STABILIZATION FUND. 035-21. 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 FACILITIES, TAX POSSESSION MAINTENANCE account, for the purpose of preparing nine properties for the city property auction. --------------------------------------------------------------------------------------------------------------------- Motion to suspend the rules passed by roll call vote of 10 in favor and 0 opposed: 036-21. ORDERED THAT: There be and hereby is appropriated the sum of EIGHTY THOUSAND AND 00/100 DOLLARS ($80,000.00) same to be charged against AVAILABLE FUNDS and credited to LAW OTHER EXPENSES, LITIGATION AND SPECIAL COUNSEL. Order adopted under Suspension of the Rules by roll call vote of 10 in favor and 0 opposed. 10 members present. Board consists of 11 members. Order signed by the Mayor March 3, 2021. --------------------------------------------------------------------------------------------------------------------- The following Orders were referred to the Finance Committee: 037-21. ORDERED THAT: There be and hereby is appropriated the sum of TEN THOUSAND AND 00/100 DOLLARS ($10,000.00) same to be charged against AVAILABLE FUNDS and credited to HUMAN RESOURCES, PERSONAL SERVICES, OVERTIME. 038-21. ORDERED THAT: There be and hereby is transferred the sum of THREE HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($350,000.00) same to be charged against RESERVE FOR SNOW & ICE REMOVAL and credited to the following DEPARTMENT OF PUBLIC WORKS, SNOW & ICE accounts: PERSONAL SERVICES, OVERTIME $ 10,000.00 EQUIPMENT RENTAL $210,000.00 PLOWS AND BLADES $ 20,000.00 SALT $110,000.00 039-21. 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 $6,380.00 (SIX THOUSAND, THREE HUNDRED EIGHTY AND 00/100 DOLLARS) for the purpose of said grant, which is to continue to teach fire safety to children in elementary schools. 040-21. 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 $2,880.00 (TWO THOUSAND, EIGHT HUNDRED EIGHTY AND 00/100 DOLLARS) for the purpose of said grant, which is to educate seniors in the community regarding fire and life safety topics. --------------------------------------------------------------------------------------------------------------------- XI. 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) https://ma-fitchburg.civicplus.com/DocumentCenter/View/7795/26-21 Ordinance was sent to a third and final reading and adopted to be enrolled and ordained by roll call vote of 10 in favor and 0 opposed. 10 members present. Board consists of 11 members. Ordinance signed by the Mayor March 3, 2021. --------------------------------------------------------------------------------------------------------------------- 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) https://ma-fitchburg.civicplus.com/DocumentCenter/View/7796/027-21 Ordinance was sent to a third and final reading and adopted to be enrolled and ordained by roll call vote of 10 in favor and 0 opposed. 10 members present. Board consists of 11 members. Ordinance signed by the Mayor March 3, 2021. --------------------------------------------------------------------------------------------------------------------- 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) https://ma-fitchburg.civicplus.com/DocumentCenter/View/7797/028-21 Ordinance was sent to a third and final reading and adopted to be enrolled and ordained by roll call vote of 10 in favor and 0 opposed. 10 members present. Board consists of 11 members. Ordinance signed by the Mayor March 3, 2021. --------------------------------------------------------------------------------------------------------------------- 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. https://ma-fitchburg.civicplus.com/DocumentCenter/View/7798/029-21 Ordinance was sent to a third and final reading and adopted to be enrolled and ordained by roll call vote of 10 in favor and 0 opposed. 10 members present. Board consists of 11 members. Ordinance signed by the Mayor March 3, 2021. --------------------------------------------------------------------------------------------------------------------- 030-21. AN ORDINANCE: Amending Chapter 44, Section 10 of the Code of the City of Fitchburg: Under Positions Paid Yearly-City Solicitor and Assistant City Solicitor. https://ma-fitchburg.civicplus.com/DocumentCenter/View/7799/030-21 Ordinance was sent to a third and final reading and adopted to be enrolled and ordained by roll call vote of 10 in favor and 0 opposed. 10 members present. Board consists of 11 members. Ordinance signed by the Mayor March 3, 2021. --------------------------------------------------------------------------------------------------------------------- XII. PETITIONS The following Petitions were referred to the Public Safety Committee: 41-21. Sgt. Daniel Boudreau, to install stop sign on East side of Stoneybrook Road at the intersection with Village Crossing, where the divided entrance to Stoneybrook meets Village Crossing. 042-21. Councillor Marisa Fleming, to review the no parking restrictions on Eastlin Way to determine whether or not the restrictions should be expanded to include no parking on both sides of a portion of Eastlin Way. ---------------------------------------------------------------------------------------------------------------------  XII. ANNOUNCEMENTS The British American Club is offering a take-out only Comed BeefDinner on Sunday, March 14, 2021 from 1:00 -4:00 PM. Tickets are $10.00 perperson. XIII. MOMENT OF SILENCE A Moment of Silence was held in honor ofthe passing ofDavid Clark, former School Committee Member (2000-2005), City Councilor (2006- 2020), WEIM/WPKZ radio and FATV Sports Broadcaster as well as his many decades ofpublic service to the City ofFitchburg. President Zarrella noted that as a Councilor, Mr. Clark had been unfailingly warm, polite, and dedicated to public ser^ice, and that the thoughts and prayers ofthe entire Council were with his family, and that he would be greatly missed. The meeting adjoumed at 9:18 P.M. Mary de Al'