City Council

II. REPORT OF THE APPOINTMENTS COMMITTEE Appointments Committee Oral Report Meeting of March 16, 2020 The Appointments Committee recommended the following Appointment be confirmed: Re-Appointment: Assistant City Clerk for the City of Fitchburg Ms. Amanda K. Alford New Appointments: (Term to expire March 1, 2024) Ms. Elizabeth Walsh Mr. David Ginisi Report read and accepted. Councilor Walsh recused herself from the vote. 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 March 2, 2021 were correctly recorded. Report accepted and minutes adopted. IV. COMMUNICATION His Honor the Mayor Appointment Letters 1. Ms. April Maldonaldo, to be re-appointed as a member of the Human Rights Commission, term to expire January 1, 2023. 2. Attorney Christine Tree, new appointment as a member of the Zoning Board of Appeals, term to expire April 1, 2026. 3. New Appointments: The following three Fitchburg State University Police Officers as Special Police Officers as Special Police Officers for the City of Fitchburg: Officer Richard Nelson Officer Joshua Folmer-LaFleur Officer Courtney Soares Appointments read and referred to the Appointments Committee by unanimous consent 11/0. 11 members present. Board consists of 11 members. 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 Order adopted by unanimous consent 11/0. 11 members present. Board consists of 11 members. Order signed by the Mayor March 18, 2021. 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. Order adopted by unanimous consent 11/0. 11 members present. Board consists of 11 members. Order signed by the Mayor March 18, 2021. 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. Order adopted by unanimous consent 11/0. 11 members present. Board consists of 11 members. Order signed by the Mayor March 18, 2021.  Communication re: CDBG Year 47 https://www.fitchburgma.gov/DocumentCenter/View/7772/Year-47-Mayor-Recommendation-to-Council (Be Adopted) The Council took each portion of the Report in sections, as follows: Public Facilities and Improvements A North of Main Downtown Cleanup $25,000 B Sam Pawlak Community Playground $65,000 C Streetscape Improvements $75,000 D Parkhill Improvements $37,000 E Day Street/Snow Street Sidewalks $40,000 F Fitchburg PD ADA Parking $100,000 G Public Art Project $50,000 Portions A, B, D, E, F, G adopted by unanimous consent 11/0. 11 members present. Board consists of 11 members. Portion C adopted by roll call vote 10/1 (Beachemin). 11 members present. Board consists of 11 members. Public Services H Street Homeless Intervention Program Withdrawn I Fitchburg Farmers’ Market $7,543 J Spartacus Program $10,000 K Drug Enforcement Patrol Program $65,000 L Family Homeless Shelter $10,000 M Homelessness Prevention Program $11,000 N Transportation to Project Learn STEAM $16,000 Portions H through N adopted by unanimous consent 11/0. 11 members present. Board consists of 11 members. Economic Development O Small Business Tech. Assist. Prog. $25,000 P Small Business Financial Assistance $148,305 Q Fitchburg Downtown Coordinator $35,000  R A Better Life Experience (ABLE) $10,000 Portions O, P, R adopted by unanimous consent 11/0. 11 members present. Board consists of 11 members. Portion Q adopted by roll call vote 10/1 (Beachemin). 11 members present.Rehabilitation and Preservation S Code Enforcement $103,241 T Critical Home Repair $20,000 Portions H through N adopted by unanimous consent 11/0. 11 members present. Board consists of 11 members. Portions S, T adopted by unanimous consent 11/0. 11 members present. Board consists of 11 members. Clearance Activities U Demolition $0 President Zarrella noted that as the amount on portion U was for zero funding, a motion to take up this matter would not be in order. Planning and Administration V CDBG Administration $197,317 Portions V adopted by unanimous consent 11/0. 11 members present. Board consists of 11 members. VII. PUBLIC HEARING 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. (Public Hearing March 16, 2021) (Reference Petition #227-19) https://ma-fitchburg.civicplus.com/DocumentCenter/View/7811/Order-24-2021 Hearing was declared open. Mr. Nicholas Erickson, P.E., Assistant City Engineer, was present at the meeting. Mr. Erickson noted that the road had been inspected after completion, and it met the standards for allowing it to become a Public Way. He also noted that while there had been some decay to the road, it was still in acceptable parameters. Mr. Dan Fitzgerald, 86 Tibbet Circle, questioned whether there would be a storm drain provided if the City accepted the road, as it had been discussed in the past due to water issues. Mr. Erickson said that while he was unaware of the issue, it would receive attention when it became a Public way. According to the notes that were in place before he took the position, following construction the road met standards, and would be treated as such – although the damage could be addressed as budget and man power allowed. Mr. Floyd Morrison, 172 Tibbet Circle, stated that there were some ornamental trees that were not present at the addresses 156, 157, and 172 and asked whether they would be added. He also noted that there had been some patchwork done on the sidewalk, but that it was done in hot top, not concrete, so wondered if that would be fixed. Mr. Erickson stated that some tree clearing had been done for trees that were on the right-of-way, and that he will look into the tree issue, as well as the asphalt, as that did not meet their standards of repair. He will research the repair and look at the specifications, as well as into the company that did the repair. Councilor Squailia asked Mr. Erickson to clarify whether owners would see much of a change to how things are done and whether the ornamental lighting would be addressed. Silvia DeGirolamo, 387 Henrys Ridge Rd, Pittsboro, NC, commented in the chat that this was also her question. Mr. Erickson noted that if lighting was in the right-of-way owned by the City, yes, but if there was lighting linked to a driveway area, and not part of the City’s right-of-way, it would be the homeowner’s responsibility. He also noted that snow plowing and maintenance would continue, as well as drainage. Councilor Beauchemin asked whether the problem with drainage should be taken up with the developer. Mr. Erickson said that based upon the notes of his predecessor, everything had been done to specifications, and he would not be able to verify there were problems with the developer. There was no record of the flooding problem, but it seemed unfair to put the problem on the homeowners. Attorney Pusateri reminded the Council that if further investigation were warranted, the Public Hearing could be continued. Councillors discussed whether the Street should be accepted before researching possible drainage/flooding issues further and determining whether or not the developer had completed the road correctly. Councilor Walsh offered her email and phone number if any residents wished to contact her regarding the situation. Councilor DiNatale stated that he would prefer to understand the work that was done and requested that a report from Engineering be provided regarding the situation of the flooding and sidewalk repair. Counclor Van Hazinga asked whether a performance bond was on the project. Mr. Erickson said there was no bond on the project because the Planning Board agreed the project was complete. President Zarrella stated that as stewards of the tax payers, it would be beneficial to fully investigate whether there was recourse with the developer, and if not, it should fall on the City. Councilor Green left the meeting. Motion to continue the Public Hearing indefinitely until further research could be completed by the Engineering Department was approved by roll call vote 9/1. 10 members present. Board consists of 11 members. (DiNatale adjourned momentarily, but noted his support of continuation). 025-21. ORDER: Laying out a portion of Tibbett Circle as a public way as outlined in the enclosed Order. https://ma-fitchburg.civicplus.com/DocumentCenter/View/7812/Order-25-2021-Tibbet-Circle Motion to postpone indefinitely was approved by unanimous consent 10/0. 10 members present. Board consists of 11 members. VIII. CONTINUED PUBLIC HEARING 029-20 Fitchburg Planning Board to Amend the Fitchburg Zoning Ordinance as part of Phase II of an Ordinance update to make clarifications in the Table of Principal Uses, remove internal inconsistencies and conflicts with state law, clarify definitions, make procedural changes, and to set the foundation for the more comprehensive changes that will take place in Phase II. Vote to finalize Phase II Amendment of the Fitchburg Zoning Ordinance, which includes but is not limited to: Amending sections related to Industrial and Commercial Development, Multifamily Housing Development, Off-Street Parking Regulations, Solar Arrays, the Table of Principal Uses, Dimensional Regulations, and the Zoning Map, and any other changes needed to clarify definitions, improve consistency and clarity, and otherwise finalize the ordinance changes proposed on the following original petition 029-20 for Phase II Review of the Zoning Ordinance, (Recent Ordinance 172-2020) as well as Petition 221-2020 and Petition 005-2021. http://www.ci.fitchburg.ma.us/DocumentCenter/Index/832 President Zarrella resumed the continued Public Hearing and noted that the content was for Bundle 3, Phase II, which was the final bundle, and when finished it would be sent to the Solicitor for drafting of the Ordinance. Mr. Tom Skwierawski, Executive Director of Community Development and Planning was present at the meeting and presented each reconciliation item to be considered. Mr. Anthony Ruscella, 10546 Windsor Lake Court, Tampa, Florida, questioned whether CBD would still allow Medical Office or Outpatient Clinics and how will that affect outpatient substance abuse clinic on the Zoning Changes. Mr. Skwierawski stated that the new zoning would allow this by Special Permit, and the current location is also classified as Commercial within the new Ordinance. He also stated that depending upon the approval of Council, it was anticipated that the new Ordinance would go into effect on April 20th. President Zarrella also stated for the record that Mr. Eric Lehti, 833 New West Townsend Rd., Lunenburg, was in favor of the zoning change to rural residential for commercial recreation I am a 30 year resident of the city and was looking to develop 250 acres for family outdoor recreation and camping, but that he was overseas and unable to participate at the meeting due to a bad connection. Minutes of the votes, per section, are below, as well as the PowerPoint presentation given by Mr. Skwierawski, here: https://www.fitchburgma.gov/DocumentCenter/View/7822/Zoning-Bundle-Three-Public-Hearing No one spoke in favor or opposition of the Petition. Public Hearing of was closed. Petition was approved by unanimous consent 10/0. 10 members present. Board consists of 11 members.  IX. ORDINANCES The following Petition was referred to the Legislative Affairs Committee: 044-21. AN ORDINANCE: Strike § 3-208, entitled "Deputy Procurenient Officer" in its entirety and replace vvith the following: 3-208 Procurement Support Staff The Chief Procurement Officer shall be authorized to fill any administrative support staffposition that is provided for and funded by appropriation. X. PETITIONS The following Petition was referred to the Public Safety Committee: 045-21. Desilets Auto, Inc., to petition for a Class II Dealer's License located at 236 Lunenburg Street, Fitchburg, MA. (Refer to Piiblic Sqfety) The following Petition was referred to Legislative Affairs Committee, but amended to not fon\?ard to Public Safety Committee: 046-21. Councillor Marcus DiNatale, to petition that the new Fitchburg City Hall Legislative Building be named the "David Clark Legislative Building" in honor of former School Committee Member, City Councillor, WEIM/WPKZ radio and FATV Sports Broadcaster David Clark for his many decades ofpublic service to the CityofFitchburg. (Refer to Legislative Affairs, Public Sqfcty) XI. ANNOUNCEMENTS Councilor Van Hazinga thanked the Community Development Department and President Zarrella echoed his sentiments and thanked Mr. Skwieravvski and the Committees involved in overseeing the Zoning Changes and noted that they were very much appreciated for their hard work and assistance and that the impact would be felt well into the future because of their diligence. The meeting adjourned at 11:39 P.M. oW^ de A^rete, City Clerk