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City Council

Regular Meeting

Fitchburg, MA · May 4, 2021

AgendaMinutes

Minutes

FITCHBURG CITY CLERK May 06 2021 12:00 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 C. 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 at the Legislative Building at 700 Main Street and over the Zoom meeting platform and live streamed at FATV Studios, Fitchburg, on May 4, 2021. The meeting was called to order by President Anthony Zarrella at 7:07 P.M. The Clerk called the roll and 11 Councilors were present, with 8 Councilors present in the Legislative Building and 3 Councilors logged in remotely (DiNatale, Fleming, Schultz). The meeting opened with a salute to the Flag led by Councillor Zarrella ------------------------------------------------------------------------------------------------------------------------------- I. PUBLIC FORUM As the meeting location will not be open to the public, the public is invited to participate in the Zoom webinar of May 4, 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_XEY3sePGTJetl_uiaYJ6ww After registering, you will receive a confirmation email containing information about logging in to join the webinar. II. REPORT OF THE APPOINTMENTS COMMITTEE Appointments Committee Oral Report Meeting of May 4, 2021 The Appointments Committee recommended the following Appointments be confirmed: Re-Appointments: Fitchburg Airport Commission (Term to expire July 1, 2022) Mr. Richard Liberatore (Term to expire February 1, 2024) Mr. Clayton R. Raymond Report read and accepted. Appointments confirmed by unanimous consent 11/0. 11 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 April 20, 2021 were correctly recorded. Report accepted and minutes adopted. IV. COMMUNICATION His Honor the Mayor Re-Appointment Letters 1. Mr. Samuel Blair, as a member of the Fitchburg Historical Commission, term to expire July 1, 2023. 2. Mr. Keith Chenot, as a member of the Fitchburg Historical Commission, term to expire July 1, 2024. 3. Ms. Ellen DiGeronimo, as a member of the Fitchburg Historical Commission, term to expire February 1, 2022. 4. Mr. Donald Ostrowski, as a member of the Fitchburg Historical Commission, term to expire February 1, 2022. 5. Mr. Charles Sternaimolo, as a member of the Fitchburg Historical Commission, term to expire February 1, 2024. Appointment Letters 1. Retired Detective James M. Gilbert, as a Special Police Officer for the City of Fitchburg. 2. Mr. Eric Mbunwe, as a member of the Board of Trustees for the Public Library, term to expire May 1, 2024. Appointments read and referred to the Appointments Committee. IV. COMMUNICATION Pension Reserves Investment Management Board Reading waived. Reports placed on file in the City Clerk’s Office by unanimous consent 11/0. 11 members present. Board consists of 11 members. V. REPORTS OF COMMITTEES Finance Committee Meeting of April 27, 2021 The Finance Committee recommended the following Orders be adopted: 075-21. ORDERED THAT: The City of Fitchburg hereby approves the expenditure of funds from the Massachusetts Department of Fire Services, Firefighter Safety Equipment grant in the approximate amount of $19,075.00 (NINETEEN THOUSAND, SEVENTY-FIVE AND 00/100 DOLLARS) for the purpose of said grant, which is to upgrade communications equipment in the Fire Department. 076-21. ORDERED THAT: The City of Fitchburg hereby approves the expenditure of funds from the Massachusetts Department of Environmental Protection, Sustainable Materials Recovery Program grant in the approximate amount of $42,000.00 (FORTY-TWO THOUSAND AND 00/100 DOLLARS) for the purpose of said grant, which is to continue to provide residents with more robust information about waste disposal and recycling, purchase additional carts for the curbside program, expand the current program, and reduce, reuse, and recycle in school cafeterias. 077-21. ORDERED THAT: The City of Fitchburg approves the expenditure of funds from the Massachusetts Collaborative for Action, Leadership, and Learning 3 Substance Misuse Prevention grant in the approximate amount of TWO HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($250,000.00) for the purpose of said grant, which is to prevent and reduce misuse of substances of first use (alcohol, nicotine, cannabis) among youth. 078-21. ORDERED THAT: There be and hereby is transferred from within the sum of TWENTY TWO THOUSAND, SIX HUNDRED NINETY-EIGHT AND 00/100 DOLLARS ($22,698.00) same to be transferred from HEALTH, PERSONAL SERVICES, FOOD AND MILK INSPECTOR and credited to HEALTH, EXPENSES, FOOD CONSULTANT EXPENSES. 079-21. ORDERED THAT: There be and hereby is appropriated the sum of TWENTY- FIVE THOUSAND AND 00/100 DOLLARS ($25,000) same to be charged against AVAILABLE FUNDS and credited to HEALTH, EXPENSES, FOOD CONSULTANT EXPENSES to cover the duties of the Food & Milk Inspector. 080-21. ORDERED THAT: There be and hereby is appropriated the sum of FORTY-FIVE THOUSAND AND 00/100 DOLLARS ($45,000.00) same to be charged against AVAILABLE FUNDS and credited to DEPARTMENT OF PUBLIC WORKS, CAPITAL, BUILDING RENOVATION for the purpose of installing a new roof over the DPW Office Building. 081-21. ORDERED THAT: There be and hereby is appropriated the sum of FOUR HUNDRED THOUSAND AND 00/100 DOLLARS ($400,000.00) same to be charged against AVAILABLE FUNDS and credited to DPW ADMIN. EXPENSES, STORMWATER CONTRACT SERVICES. 082-21. ORDERED THAT: There be and hereby is appropriated the sum of THREE HUNDRED THOUSAND AND 00/100 DOLLARS ($300,000.00) same to be charged against AVAILABLE FUNDS and credited to DEPARTMENT OF PUBLIC WORKS, CAPITAL, STREET REPAIR for the purpose of paving a portion of Oak Hill Road. Finance Committee Meeting Minutes of April 27, 2021: http://www.ci.fitchburg.ma.us/AgendaCenter/ViewFile/Minutes/_04272021-2357 Report read and accepted. Orders adopted by unanimous consent 11/0. 11 members present. Board consists of 11 members. Orders signed by the Mayor May 6, 2021. Noted for the Record: Councilor Beauchemin stated that he would expect some of the funds to be used to address the runoff and running water going down the street on Oak Hill Road. VII. ORDERS-FINANCE The following Orders were referred to the Finance Committee: 084-21. ORDERED THAT the City of Fitchburg hereby approves the expenditure of funds from the Massachusetts Department of Transportation, Aeronautics Division grant in the approximate amount of $5,193.00 (FIVE THOUSAND, ONE HUNDRED NINETY-THREE AND 00/100 DOLLARS) for the purpose of said grant, which is repair the S2 Security System located at the Airport Administration Building. 085-21. ORDERED THAT the City of Fitchburg hereby approves the expenditure of funds from the Community Foundation of North Central Massachusetts, Environmental Preservation and Animal Welfare grant in the approximate amount of $9,000.00 (NINE THOUSAND AND 00/100 DOLLARS) for the purpose of said grant, which is to complete trail maintenance and parking lot expansions at Coggshall Park. 086-21. ORDERED THAT there be and hereby is transferred from within the sum of FORTY THOUSAND, FIVE HUNDRED AND 00/100 DOLLARS ($40,500.00) same to be charged against RESERVE FOR OTHER MUNICIPAL PURPOSES, CAPITAL EXPENSES and credited to PARKS CAPITAL, PARKS & PALYGROUND CAPITAL EXPENSE for the renovation of Billie Mundie Field. VIII. ORDERS-OTHER 087-21. ORDERED THAT: Whereas the City and FATV have negotiated an agreement requested by FATV which agreement is attached hereto; and Whereas the City and FATV have reformed the manner in which funding will be provided to the FATV so as to ensure compliance with law; and; Therefore, it is ordered that, the City of Fitchburg shall authorize its Mayor Stephen L. DiNatale, to execute the attached Grant Agreement with FATV, and also authorizes Mayor Stephen L. DiNatale take all other steps necessary, convenient or helpful to accomplish the intention of the parties. Link to view the grant agreement: https://ma-fitchburg.civicplus.com/DocumentCenter/View/7914/FATV-agreement Solicitor Pusateri addressed the Council and noted that there had been a new finance statute in Massachusetts to ensure that financing of public broadcasting education and government services that FATV supplies has the funding coming into the City and the City then appropriates the money. As a new license contract had been negotiated with Verizon, they took the opportunity to sit down with FATV. This contract memorializes the fact that for the exact same cash flow stream that FATV has enjoyed in the past, it would first flow through the City and then it will be an item that would be seen on the Mayor’s budget for appropriation of the funds. Order adopted under Suspension of the Rules by roll call vote and approved by unanimous consent of 11 in favor and 0 opposed. 11 members present. Board consists of 11 members. Order signed by the Mayor May 6, 2021. IX. RESOLUTION 088-21. RESOLUTION: Request the Naming of the Broadcast Booth located at Crocker Field. (Reference Petition #70-2021) Resolution adopted under Suspension of the Rules by roll call vote and approved by unanimous consent of 11 in favor and 0 opposed. 11 members present. Board consists of 11 members. Resolution signed by the Mayor May 6, 2021. X. PETITIONS The following Petitions were referred to the Public Works Committee: 089-21. Councillors Sam Squailia and Elizabeth Walsh to install a berm at both sides of the existing storm drain at 506 Wanoosnoc Rd to prevent further erosion. Approx. 37ft on one side and 63ft on the other side to meet existing asphalt berms. 090-21. Councillors Sam Squailia and Marisa Fleming to install a berm at 76 Richardson Rd to prevent further erosion. Approx. 70ft long connecting from the existing berm to the existing driveway. NEW BUSINESS: President Zarrella noted that there was a matter that had not been previously anticipated and he would like to bring it before Council. He stated that there had been a typographical error on the Council Dates in June, and he would like to move them to the more typical 1st and 3rd Mondays of the month. Motion to amend the Council meeting calendar for the June meeting dates from June 8th and 22nd to June 1st and 15th approved by unanimous consent of 11 in favor and 0 opposed. 11 members present. Board consists of 11 members. The new meeting calendar will has been amended as follows: JANUARY THURSDAY 7th and Tuesday 19th FEBRUARY Tuesday 2nd and Tuesday 16th MARCH Tuesday 2nd and Tuesday 16th APRIL Tuesday 6th and Tuesday 20th MAY Tuesday 4th and Tuesday 18th JUNE* Tuesday 1st and Tuesday 15th JULY Tuesday 6th and Tuesday 20th AUGUST NO MEETINGS SEPTEMBER Tuesday 7th and THURSDAY 23rd OCTOBER Tuesday 5th and Tuesday 19th NOVEMBER THURSDAY 4th and Tuesday 16th DECEMBER Tuesday 7th and Tuesday 21st Meetings are scheduled to begin at 7:00 PM and held at the Legislative Building, 700 Main Street as well as via the Zoom Meeting Platform Registration links will be published on Agenda at time of posting *Amended dates voted unanimously at the City Council Meeting of May 4, 2021 XI. ANNOUNCEMENTS President Zarrella noted the following announcements: From Patrick Hare, ChiefofStafffor the Mayor )s Office: Clean up day for Wards 2 & 3 will take place on May 8th from 8:00 AM to 12:00 PM at Daniels Street Park (Lower Cleghom) There will be an ongoing project in the City through the Greening the Gateway Cities Program. 2,400 American Elm trees will be planted over the next couple ofyears as part ofthe initiative. Our newly renovated City Hall has been nominated for the People's Preservation Choice Award. Residents can help choose the winner by voting online from now until noon on May 20 Details available on the City website. From Councilor Schultz: The Abolitionist Park on Snow Street will be opening on Juneteenth - June 19th, 2021 at 10:00 A.M. The meeting adjoumed at 7:30 PM duM Mary de Alc^ete, City Clerk

Agenda

FITCHBURG CITY CLERK Apr 29 2021 2:25 pm WELCOME TO THE FITCHBURG CITY COUNCIL! This is intended to help you understand the meeting format and assist you with the rules of the Council as they pertain to your participation. All meetings of the Fitchburg City council are open to the public. This does not mean that the public participates in all aspects of the meeting. It simply means that the meeting itself, including all discussions and votes, is open for public view. Executive Session The only time a Council meeting can be closed to the public is when the Council votes for Executive Session in order to discuss sensitive matters in private, such as pending litigation. Any votes taken however, must be taken in open session. OPPORTUNITIES FOR THE PUBLIC TO SPEAK DURING A COUNCIL MEETING: Public Forum The Public Forum occurs immediately following the Pledge of Allegiance. The President will ask if anyone in the audience wishes to speak on any matter appearing on the Agenda. If you wish to address the Council, you must stand and be recognized and follow these rules before speaking: 1. State your name and address. 2. Approach the center table and either stand or sit. This allows you to be seen and heard clearly by everyone in attendance. 3. You may speak only on items appearing on the agenda for no more than (2) minutes. Copies of the agenda are available on the center table prior to the meeting. 4. Please state the petition, order, ordinance, or resolution number to which you refer. Public Hearings Public hearings are held on various issues such as Special Permits and Zoning changes. The same rules apply with the following exceptions: 1. You must stand and be recognized either “in favor” or “in opposition” when asked by the Council President. 2. You need not refer to the petition number. If you have any questions or comments either before or after the meeting, any Councillor would be happy to assist you. Thank you for your interest! I. PUBLIC FORUM As the meeting location will not be open to the public, the public is invited to participate in the Zoom webinar of May 4, 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_XEY3sePGTJetl_uiaYJ6ww After registering, you will receive a confirmation email containing information about logging in to join the webinar. II. REPORT OF THE APPOINTMENTS COMMITTEE Appointments Committee Oral Report Meeting of May 4, 2021 Re-Appointments: Fitchburg Airport Commission (Term to expire July 1, 2022) Mr. Richard Liberatore (Term to expire February 1, 2024) Mr. Clayton R. Raymond III. REPORT OF COMMITTEE ON RECORDS IV. COMMUNICATION His Honor the Mayor Re-Appointment Letters 1. Mr. Samuel Blair, as a member of the Fitchburg Historical Commission, term to expire July 1, 2023. 2. Mr. Keith Chenot, as a member of the Fitchburg Historical Commission, term to expire July 1, 2024. 3. Ms. Ellen DiGeronimo, as a member of the Fitchburg Historical Commission, term to expire February 1, 2022. 4. Mr. Donald Ostrowski, as a member of the Fitchburg Historical Commission, term to expire February 1, 2022. 5. Mr. Charles Sternaimolo, as a member of the Fitchburg Historical Commission, term to expire February 1, 2024. Appointment Letters 1. Retired Detective James M. Gilbert, as a Special Police Officer for the City of Fitchburg. 2. Mr. Eric Mbunwe, as a member of the Board of Trustees for the Public Library, term to expire May 1, 2024. IV. COMMUNICATION Pension Reserves Investment Management Board V. REPORTS OF COMMITTEES Finance Committee Meeting of April 27, 2021 075-21. ORDERED THAT: The City of Fitchburg hereby approves the expenditure of funds from the Massachusetts Department of Fire Services, Firefighter Safety Equipment grant in the approximate amount of $19,075.00 (NINETEEN THOUSAND, SEVENTY-FIVE AND 00/100 DOLLARS) for the purpose of said grant, which is to upgrade communications equipment in the Fire Department. (Be Adopted) 076-21. ORDERED THAT: The City of Fitchburg hereby approves the expenditure of funds from the Massachusetts Department of Environmental Protection, Sustainable Materials Recovery Program grant in the approximate amount of $42,000.00 (FORTY-TWO THOUSAND AND 00/100 DOLLARS) for the purpose of said grant, which is to continue to provide residents with more robust information about waste disposal and recycling, purchase additional carts for the curbside program, expand the current program, and reduce, reuse, and recycle in school cafeterias. (Be Adopted) 077-21. ORDERED THAT: The City of Fitchburg approves the expenditure of funds from the Massachusetts Collaborative for Action, Leadership, and Learning 3 Substance Misuse Prevention grant in the approximate amount of TWO HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($250,000.00) for the purpose of said grant, which is to prevent and reduce misuse of substances of first use (alcohol, nicotine, cannabis) among youth. (Be Adopted) 078-21. ORDERED THAT: There be and hereby is transferred from within the sum of TWENTY TWO THOUSAND, SIX HUNDRED NINETY-EIGHT AND 00/100 DOLLARS ($22,698.00) same to be transferred from HEALTH, PERSONAL SERVICES, FOOD AND MILK INSPECTOR and credited to HEALTH, EXPENSES, FOOD CONSULTANT EXPENSES. (Be Adopted) 079-21. ORDERED THAT: There be and hereby is appropriated the sum of TWENTY- FIVE THOUSAND AND 00/100 DOLLARS ($25,000) same to be charged against AVAILABLE FUNDS and credited to HEALTH, EXPENSES, FOOD CONSULTANT EXPENSES to cover the duties of the Food & Milk Inspector. (Be Adopted) 080-21. ORDERED THAT: There be and hereby is appropriated the sum of FORTY- FIVE THOUSAND AND 00/100 DOLLARS ($45,000.00) same to be charged against AVAILABLE FUNDS and credited to DEPARTMENT OF PUBLIC WORKS, CAPITAL, BUILDING RENOVATION for the purpose of installing a new roof over the DPW Office Building. (Be Adopted) 081-21. ORDERED THAT: There be and hereby is appropriated the sum of FOUR HUNDRED THOUSAND AND 00/100 DOLLARS ($400,000.00) same to be charged against AVAILABLE FUNDS and credited to DPW ADMIN. EXPENSES, STORMWATER CONTRACT SERVICES. (Be Adopted) 082-21. ORDERED THAT: There be and hereby is appropriated the sum of THREE HUNDRED THOUSAND AND 00/100 DOLLARS ($300,000.00) same to be charged against AVAILABLE FUNDS and credited to DEPARTMENT OF PUBLIC WORKS, CAPITAL, STREET REPAIR for the purpose of paving a portion of Oak Hill Road. (Be Adopted) Finance Committee Meeting Minutes of April 27, 2021: http://www.ci.fitchburg.ma.us/AgendaCenter/ViewFile/Minutes/_04272021-2357 VII. ORDERS-FINANCE 084-21. ORDERED THAT the City of Fitchburg hereby approves the expenditure of funds from the Massachusetts Department of Transportation, Aeronautics Division grant in the approximate amount of $5,193.00 (FIVE THOUSAND, ONE HUNDRED NINETY-THREE AND 00/100 DOLLARS) for the purpose of said grant, which is repair the S2 Security System located at the Airport Administration Building. 085-21. ORDERED THAT the City of Fitchburg hereby approves the expenditure of funds from the Community Foundation of North Central Massachusetts, Environmental Preservation and Animal Welfare grant in the approximate amount of $9,000.00 (NINE THOUSAND AND 00/100 DOLLARS) for the purpose of said grant, which is to complete trail maintenance and parking lot expansions at Coggshall Park. 086-21. ORDERED THAT there be and hereby is transferred from within the sum of FORTY THOUSAND, FIVE HUNDRED AND 00/100 DOLLARS ($40,500.00) same to be charged against RESERVE FOR OTHER MUNICIPAL PURPOSES, CAPITAL EXPENSES and credited to PARKS CAPITAL, PARKS & PALYGROUND CAPITAL EXPENSE for the renovation of Billie Mundie Field. VIII. ORDERS-OTHER 087-21. ORDERED THAT: Whereas the City and FATV have negotiated an agreement requested by FATV which agreement is attached hereto; and Whereas the City and FATV have reformed the manner in which funding will be provided to the FATV so as to ensure compliance with law; and; Therefore, it is ordered that, the City of Fitchburg shall authorize its Mayor Stephen L. DiNatale, to execute the attached Grant Agreement with FATV, and also authorizes Mayor Stephen L. DiNatale take all other steps necessary, convenient or helpful to accomplish the intention of the parties. Link to view the grant agreement: https://ma-fitchburg.civicplus.com/DocumentCenter/View/7914/FATV-agreement IX. RESOLUTION 088-21. RESOLUTION: Request the Naming of the Broadcast Booth located at Crocker Field X. PETITIONS 089-21. Councillors Sam Squailia and Elizabeth Walsh to install a berm at both sides of the existing storm drain at 506 Wanoosnoc Rd to prevent further erosion. Approx. 37ft on one side and 63ft on the other side to meet existing asphalt berms. (refer to Public Works) 090-21. Councillors Sam Squailia and Marisa Fleming to install a berm at 76 Richardson Rd to prevent further erosion. Approx. 70ft long connecting from the existing berm to the existing driveway. (refer to Public Works) XI. ANNOUNCEMENTS Next Regular Meeting Tuesday, May 18th, 7:00 PM

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