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City Council

Regular Meeting

Fitchburg, MA · April 19, 2022

AgendaMinutes

Minutes

FITCHBURG CITY CLERK Jun 15 2022 8:59 am City of Fitchburg Massachusetts 01420 CITY COUNCIL Councillors at Large President Ward Councillors Anthony M. Zarrella Ward 1 – Bernard J. Schultz III Sally H. Cragin Ward 2 – Paul R. Beauchemin Marcus L. DiNatale Vice President Ward 3 – Andrew J. Couture Amy Green Andrew J. Van Hazinga Ward 4 – Andrew J. Van Hazinga Samantha M. Squailia Ward 5 – Marisa R. Fleming Anthony M. Zarrella Ward 6 – Derrick J. Cruz 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 April 19, 2022. The meeting was called to order by President Anthony Zarrella at 7:00 P.M. The meeting opened with a salute to the Flag led by Councilor Van Hazinga. The Clerk called the roll and 9 Councilors were present. Councilor Green was present remotely. Councilor Fleming was absent. Councilor Couture arrived at 7:11 P.M. Board consists of 11 members. --------------------------------------------------------------------------------------------------------------------------------- I. PUBLIC FORUM Fitchburg resident Jaqueline Wehtje spoke in opposition of petition 015-22. ----------------------------------------------------------------------------------------------------------------------- II. REPORT OF THE APPOINTMENTS COMMITTEE There was no report of the Appointments Committee. ----------------------------------------------------------------------------------------------------------------------- III. REPORT OF COMMITTEE ON RECORDS The Committee on records reported the minutes of the Regular Meeting of April 5, 2022 were correctly recorded. Report accepted and minutes adopted. ----------------------------------------------------------------------------------------------------------------------- V. COMMUNICATION His Honor the Mayor Appointment Letter New Appointment: Full-Time Student Police Officers for the Fitchburg Police Department Anslo Gilot, Jr. Scott George Appointment read and referred to the Appointments Committee. ----------------------------------------------------------------------------------------------------------------------- IV. REPORTS OF COMMITTEES City Council as a Whole Committee Meeting of April 13, 2022 The Council as a Whole Committee recommended the following Petitions be granted: 015-22. Liz Murphy, chair, NICE TASK FORCE, Director of Housing and Development, to approve the enclosed petition to accept M.G.L. Chapter 40U in its entirety. Petition to adopt Massachusetts General Laws Chapter 40U 016-22. Liz Murphy, chair, NICE TASK FORCE, Director of Housing and Development, To accept the enclosed petition to establish a residential and commercial Vacant Property Registry Ordinance with minimum requirements. DRAFT Fitchburg Vacant Property Registration Ordinance Report read and accepted. Petitions granted by roll call vote of 8 in favor and 2 opposed (Beauchemin, Couture). 10 members present. Board consists of 11 members. Petitions forwarded to the City Solicitor for Ordinance Preparation. ----------------------------------------------------------------------------------------------------------------------- Finance Committee Meeting of April 13, 2022 Finance Committee Minutes of April 13, 2022 The Finance Committee recommended the following LOAN ORDER be adopted: 064-22. LOAN ORDER: Approp. $2,750,000.000 to pay the cost of demolishing the existing and constructing a new Oak Hill Water Storage Tank in the City and construction a new Oak Hill Water Storage Tank in the City as outlined in the enclosed Order. Report read and accepted. Loan Order sent to a first reading and ordered advertised by unanimous consent 10/0. 10 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- The Finance Committee recommended the following Orders be adopted: 065-22. ORDERED THAT: There be and hereby is appropriated the sum of ONE MILLION, FOUR HUNDRED THOUSAND AND 00/100 ($1,400,00.00) same to be charged against AVAILABLE FUNDS and credited to FIRE DEPARTMENT CAPITAL, VEHICLE REPLACEMENT for the purchase of a new ladder truck. 066-22 ORDERED THAT: The City of Fitchburg hereby approves the expenditure of funds from the American Rescue Plan Act, funds available for Projects in the approximate amount of $50,000 (FIFTY THOUSAND AND 00/100 DOLLARS) for the purpose of said grant, which is to cover the additional hours spent by the Community Development Department on ARPA Compliance and administration. Report read and accepted. Orders adopted by unanimous consent 10/0. 10 members present. Board consists of 11 members. Orders signed by the Mayor April 20, 2022. ----------------------------------------------------------------------------------------------------------------------- The Finance Committee recommended the following Order be held: 067-22. ORDERED THAT: There be and hereby is appropriated the sum of FIFTY-FIVE THOUSAND ($55,000) same to be charged against AVAILABLE FUNDS and credited to BUILDING DEPARTMENT-VEHICLE REPLACEMENT for the purpose of replace and inspection vehicle. Report read and accepted.. Order held by unanimous consent 10/0. 10 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- The Finance Committee recommended the following Resolution be adopted: 089-22. RESOLUTION: A Resolution pertaining to a grant from the Commonwealth of Massachusetts Executive Office of Energy and Environmental Affairs, Division of Conservation Services, Drinking Water Supply Protection (DWSP) Grant Program as outlined in the enclosed Resolution. Report read and accepted. Resolution adopted by unanimous consent 10/0. 10 members present. Board consists of 11 members. Resolution signed by the Mayor April 20, 2022. ----------------------------------------------------------------------------------------------------------------------- V. ORDERS – FINANCE The following Orders were referred to the Finance Committee: 098-22. 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 $25,000.00 (TWENTY-FIVE THOUSAND AND 00/100 DOLLARS) for the purpose of said grant, which is to purchase in-suit communication system radios to be used by the Haz-Mat team and a combustible gas meter. 099-22. ORDERED THAT: The City of Fitchburg hereby approves the expenditure of funds from the Massachusetts Office of Grant and Research 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 purchase a defibrillator. 100-22. ORDERED THAT: There be and hereby is transferred from within the sum of SIXTEEN THOUSAND, SEVEN HUNDRED FIFTY AND 00/100 DOLLARS ($16,750.00) same to be charged against HEALTH PERSONAL SERVICES, WEIGHTS & MEASURES INSPECTOR and credited to HEALTH EXPENSE, WEIGHTS & MEASURES CHARGES for the purpose of covering expenses associated with the annual testing and sealing of commercial weighing and measuring devices. 101-22. ORDERED THAT: There be and hereby is appropriated the sum of ONE HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($150,000.00) same to be charged against AVAILABLE FUNDS and credited to POLICE PERSONAL SERVICES, OVERTIME. 102-22. ORDERED THAT: There be and hereby is appropriated the sum of ONE HUNDRED SIXTY-ONE THOUSAND, EIGHT HUNDRED SIXTY-FIVE AND 00/100 DOLLARS ($161,865.00) same to be charged against WASTEWATER ENTREPRISE FUND, RETAINED EARNINGS and credited to the following WASTEWATER PERSONAL SERVICES accounts: Technicians $10,300.00 Maintenance $40,861.00 Operators $86,006.00 Overtime $17,995.00 Clothing Allowance $ 3,500.00 Vacation/Sick Buyback $ 3,203.00 103-22. ORDERED THAT: there be and hereby is appropriated the sum of FIFTY-SEVEN THOUSAND, NINE HUNDRED SEVENTY-TWO AND 00/100 DOLLARS ($57,972.00) same to be charged against AVAILABLE FUNDS and credited to the following accounts: MAYOR, PERSONAL SERVICES $ 3,289.00 CITY AUDITOR, PERSONAL SERVICES $ 5,691.00 PURCHASING, PERSONAL SERVICES $ 2,610.00 ASSESSOR, PERSONAL SERVICES $ 2,715.00 TREASURER, PERSONAL SERVICES $ 4,959.00 HUMAN RESOURCES, PERSONAL SERVICES $ 3,915.00 CITY CLERK, PERSONAL SERVICES $ 2,349.00 COMM. DEV., PERSONAL SERVICES $ 2,715.00 FACILITIES, PERSONAL SERVICES $ 2,454.00 POLICE, PERSONAL SERVICES $ 4,907.00 FIRE, PERSONAL SERVICES $ 5,481.00 BUILDING, PERSONAL SERVICES $ 2,819.00 PUBLIC WORKS, PERSONAL SERVICES $ 3,237.00 HEALTH, PERSONAL SERVICES $ 2,976.00 COUNCIL ON AGING, PERSONAL SERVICES $ 2,349.00 LIBRARY, PERSONAL SERVICES $ 2,506.00 EMPLOYEE BENEFITS, OTHER BENEFITS $ 3,000.00 104-22. ORDERED THAT: there be and hereby is transferred from within the following PERSONAL SERVICES accounts the sum of SEVEN THOUSAND, EIGHT HUNDRED THIRTY AND 00/100 DOLLARS ($7,830.00) same to be credited to the following accounts: WATER ENTERPRISE FUND $ 2,976.00 WASTEWATER ENTERPRISE FUND $ 2,715.00 AIRPORT FUND $ 2,141.00 ----------------------------------------------------------------------------------------------------------------------- VI. PETITIONS The following Petition was referred to the Legislative Affairs Committee: 105-22 City Auditor, Calvin D. Brooks, to amend the City Code Chapter 3 Administration, Article XVII Insurance Commission, Section 3-160 Establishment; composition by removing “the Superintendent of Public Buildings” and inserting in its place “the Director of Facilities” as outlined in the enclosed petition. ----------------------------------------------------------------------------------------------------------------------- The following Petition was referred to the Planning Board: 106-22. Almousa, Basemah Trustee, Owner of 339 River Street, to amend the Zoning Ordinance, Section 181.643 of the City Code, to include the following uses: Marijuana Courier and Marijuana Delivery Operator, and to allow same in the Commercial District, as outlined in the enclosed Petition. ----------------------------------------------------------------------------------------------------------------------- The following Petition was referred to the Public Safety Committee: 107-22. Michael Jreige and Taleh Mammodov, River Street Auto Sales, DBA J & G Auto Sales, to petition for a class II Dealer’s License located at 369 River Street. (Note: There is a current Dealer’s license at this location – this is for change of ownership) ----------------------------------------------------------------------------------------------------------------------- The following Petition was referred to the Public Works Committee: 108-22. Councilor Fleming on behalf of the residents of Stoneybrook to have thirty-two (32) trees removed due to uprooting and erosion making sidewalks impassable. ----------------------------------------------------------------------------------------------------------------------- VII. ANNOUNCEMENTS President Zarrella announced the following:  Councilor Schutlz is hosting a Ward 1 meeting on Monday, May 9th at 6:30PM in the Legislative Building. Mayor Stephen DiNatale and Treasurer Anne Cervantes will make presentations and answer questions from residents.  Go Green with veterans and families event will be held at the Highland Baptist Church on Saturday, April 23rd from 10AM to 1PM.  Ward cleanups for Wards 1 and 6 wil be held on Saturday, April 23rd and Wards 2 and 3 on Saturday, April 30th from 8AM to 12PM. VIII. OTHER BUSINESS The meeting adjourned at 7:35 P.M. ___________________________________ Amanda K. Alford, Assistant City Clerk

Agenda

FITCHBURG CITY CLERK Apr 15 2022 9:08 am WELCOME TO THE FITCHBURG CITY COUNCIL April 19, 2022 Fitchburg Legislative Building 700 Main Street Fitchburg MA 01420 7:00 PM This meeting can also be viewed live on FATV. Go to www.fatv.org/watch-fatv for more information on accessing this meeting. 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 This meeting will be open to the public. Persons who wish to participate remotely in the Public Forum portion of the meeting may request a remote attendance link by contacting the City Clerk at cityclerk@fitchburgma.gov. II. REPORT OF THE APPOINTMENTS COMMITTEE There is no report of the Appointments Committee at this time. III. REPORT OF COMMITTEE ON RECORDS V. COMMUNICATION His Honor the Mayor Appointment Letter New Appointment: Full-Time Student Police Officers for the Fitchburg Police Department Anslo Gilot, Jr. Scott George IV. REPORTS OF COMMITTEES City Council as a Whole Committee Meeting of April 13, 2022 015-22. Liz Murphy, chair, NICE TASK FORCE, Director of Housing and Development, to approve the enclosed petition to accept M.G.L. Chapter 40U in its entirety. Petition to adopt Massachusetts General Laws Chapter 40U (Be granted) 016-22. Liz Murphy, chair, NICE TASK FORCE, Director of Housing and Development, To accept the enclosed petition to establish a residential and commercial Vacant Property Registry Ordinance with minimum requirements. DRAFT Fitchburg Vacant Property Registration Ordinance (Be granted) Finance Committee Meeting of April 13, 2022 Finance Committee Minutes of April 13, 2022 064-22. LOAN ORDER: Approp. $2,750,000.000 to pay the cost of demolishing the existing and constructing a new Oak Hill Water Storage Tank in the City and construction a new Oak Hill Water Storage Tank in the City as outlined in the enclosed Order. (Be adopted) Page 1 065-22. ORDERED THAT: There be and hereby is appropriated the sum of ONE MILLION, FOUR HUNDRED THOUSAND AND 00/100 ($1,400,00.00) same to be charged against AVAILABLE FUNDS and credited to FIRE DEPARTMENT CAPITAL, VEHICLE REPLACEMENT for the purchase of a new ladder truck. (Be adopted) 066-22 ORDERED THAT: The City of Fitchburg hereby approves the expenditure of funds from the American Rescue Plan Act, funds available for Projects in the approximate amount of $50,000 (FIFTY THOUSAND AND 00/100 DOLLARS) for the purpose of said grant, which is to cover the additional hours spent by the Community Development Department on ARPA Compliance and administration. (Be adopted) 067-22. ORDERED THAT: There be and hereby is appropriated the sum of FIFTY-FIVE THOUSAND ($55,000) same to be charged against AVAILABLE FUNDS and credited to BUILDING DEPARTMENT-VEHICLE REPLACEMENT for the purpose of replace and inspection vehicle. (Be held) 089-22. RESOLUTION: A Resolution pertaining to a grant from the Commonwealth of Massachusetts Executive Office of Energy and Environmental Affairs, Division of Conservation Services, Drinking Water Supply Protection (DWSP) Grant Program as outlined in the enclosed Resolution. (Be adopted) V. ORDERS – FINANCE 098-22. 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 $25,000.00 (TWENTY-FIVE THOUSAND AND 00/100 DOLLARS) for the purpose of said grant, which is to purchase in-suit communication system radios to be used by the Haz-Mat team and a combustible gas meter. 099-22. ORDERED THAT: The City of Fitchburg hereby approves the expenditure of funds from the Massachusetts Office of Grant and Research 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 purchase a defibrillator. 100-22. ORDERED THAT: There be and hereby is transferred from within the sum of SIXTEEN THOUSAND, SEVEN HUNDRED FIFTY AND 00/100 DOLLARS ($16,750.00) same to be charged against HEALTH PERSONAL SERVICES, WEIGHTS & MEASURES INSPECTOR and credited to HEALTH EXPENSE, WEIGHTS & MEASURES CHARGES for the purpose of covering expenses associated with the annual testing and sealing of commercial weighing and measuring devices. Page 2 101-22. ORDERED THAT: There be and hereby is appropriated the sum of ONE HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($150,000.00) same to be charged against AVAILABLE FUNDS and credited to POLICE PERSONAL SERVICES, OVERTIME. 102-22. ORDERED THAT: There be and hereby is appropriated the sum of ONE HUNDRED SIXTY-ONE THOUSAND, EIGHT HUNDRED SIXTY-FIVE AND 00/100 DOLLARS ($161,865.00) same to be charged against WASTEWATER ENTREPRISE FUND, RETAINED EARNINGS and credited to the following WASTEWATER PERSONAL SERVICES accounts: Technicians $10,300.00 Maintenance $40,861.00 Operators $86,006.00 Overtime $17,995.00 Clothing Allowance $ 3,500.00 Vacation/Sick Buyback $ 3,203.00 103-22. ORDERED THAT: there be and hereby is appropriated the sum of FIFTY-SEVEN THOUSAND, NINE HUNDRED SEVENTY-TWO AND 00/100 DOLLARS ($57,972.00) same to be charged against AVAILABLE FUNDS and credited to the following accounts: MAYOR, PERSONAL SERVICES $ 3,289.00 CITY AUDITOR, PERSONAL SERVICES $ 5,691.00 PURCHASING, PERSONAL SERVICES $ 2,610.00 ASSESSOR, PERSONAL SERVICES $ 2,715.00 TREASURER, PERSONAL SERVICES $ 4,959.00 HUMAN RESOURCES, PERSONAL SERVICES $ 3,915.00 CITY CLERK, PERSONAL SERVICES $ 2,349.00 COMM. DEV., PERSONAL SERVICES $ 2,715.00 FACILITIES, PERSONAL SERVICES $ 2,454.00 POLICE, PERSONAL SERVICES $ 4,907.00 FIRE, PERSONAL SERVICES $ 5,481.00 BUILDING, PERSONAL SERVICES $ 2,819.00 PUBLIC WORKS, PERSONAL SERVICES $ 3,237.00 HEALTH, PERSONAL SERVICES $ 2,976.00 COUNCIL ON AGING, PERSONAL SERVICES $ 2,349.00 LIBRARY, PERSONAL SERVICES $ 2,506.00 EMPLOYEE BENEFITS, OTHER BENEFITS $ 3,000.00 Page 3 104-22. ORDERED THAT: there be and hereby is transferred from within the following PERSONAL SERVICES accounts the sum of SEVEN THOUSAND, EIGHT HUNDRED THIRTY AND 00/100 DOLLARS ($7,830.00) same to be credited to the following accounts: WATER ENTERPRISE FUND $ 2,976.00 WASTEWATER ENTERPRISE FUND $ 2,715.00 AIRPORT FUND $ 2,141.00 VI. PETITIONS 105-22 City Auditor, Calvin D. Brooks, to amend the City Code Chapter 3 Administration, Article XVII Insurance Commission, Section 3-160 Establishment; composition by removing “the Superintendent of Public Buildings” and inserting in its place “the Director of Facilities” as outlined in the enclosed petition. (Legislative Affairs Committee) 106-22. Almousa, Basemah Trustee, Owner of 339 River Street, to amend the Zoning Ordinance, Section 181.643 of the City Code, to include the following uses: Marijuana Courier and Marijuana Delivery Operator, and to allow same in the Commercial District, as outlined in the enclosed Petition. (Planning Board) 107-22. Michael Jreige and Taleh Mammodov, River Street Auto Sales, DBA J & G Auto Sales, to petition for a class II Dealer’s License located at 369 River Street. (Public Safety Committee) (Note: There is a current Dealer’s license at this location – this is for change of ownership) 108-22. Councilor Fleming on behalf of the residents of Stoneybrook to have thirty-two (32) trees removed due to uprooting and erosion making sidewalks impassable. (Public Works Committee) VII. ANNOUNCEMENTS VIII. OTHER BUSINESS Next Regular Meeting Tuesday, May 3, 2022 - 7:00 PM Page 4

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