City Council

WELCOME TO THE FITCHBURG CITY COUNCIL June 7, 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 Appointments Committee Oral Report Meeting of June 7, 2022 New Appointments: Special Police Officers Fitchburg Police Department Leroy M. Jackson Dean D. Romano Fitchburg Disability Commission (Term to expire June 1, 2025) Nicholas J. Carbone III. REPORT OF COMMITTEE ON RECORDS IV. COMMUNICATIONS His Honor the Mayor 1. Appointment letter: Permanent Full Time Firefighter Jacob C. Morin 2. Appointment letter: Mary Jo Bohart, Director of Economic Development to the Montachusett Regional Commission for FY 2023, on behalf of the City of Fitchburg. This is an annual appointment. V.COMMUNICATION Pension Reserves Investment Management Board VI. ANNUAL REPORT 169-22. ANNUAL REPORT: Independent Auditor’s report for the year ended June 30, 2021. (See Full Document that is posted on the City’s website) Page 1  VII. REPORTS OF COMMITTEES Council as a Whole Committee Oral Report Meeting of June 7, 2022 BUDGET ORDERS-FY 2023 154-22. ORDERED THAT: There be and hereby is appropriated the Mayor’s Fiscal Year 2023 Operating Budget: General Fund: $149,593,920.00 Water Enterprise: $6,574,270.00 Wastewater Enterprise: $13,047,314.00 Airport Fund: $695,331.00 155-22 ORDERED THAT: There be and hereby is appropriated the sum of SEVEN HUNDRED THOUSAND DOLLARS ($700,000), same to be credited to the Fiscal Year 2023 TAX LEVY and charged against OVERLAY SURPLUS. 156-22. ORDERED THAT: There be and hereby is appropriated the sum of SIX HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($675,000), same to be charged against AVAILABLE FUNDS and credit to the Fiscal Year 2023 TAX LEVY in order to reduce the tax rate. 157-22. ORDERED THAT: There be and hereby is appropriated the sum of ONE HUNDRED EIGHTY THOUSAND, SEVEN HUNDRED THREE DOLLARS ($180,703.00), same to be charged against PARKING METER/GARAGE RECEIPTS and credited to the Fiscal Year 2023 accounts as follows: Treasurer Personal Services $59,703.00 Treasurer Expenses $121,000.00 158-22. ORDERED THAT: There be and hereby is appropriated the sum of TWENTY-FIVE THOUSAND DOLLARS ($25,000), same to be charged against PEG ACCESS AND CABLE RELATED FUND RECEIPTS and credited to the Fiscal Year 2023 accounts as follows: Information Technology, PEG Expenses $25,000.00 159-22. ORDERED THAT: There be and hereby is appropriated the sum of FIFTEEN THOUSAND DOLLARS ($15,000), same to be charged against CEMETERY SALE OF LOTS AND GRAVES and credited to the Fiscal Year 2023 accounts as follows: Cemetery Personal Services $15,000.00 Page 2  160-22. ORDERED THAT: There be and hereby is appropriated the sum of SIX MILLION, FIVE HUNDRED SEVENTY-FOUR THOUSAND, TWO HUNDRED SEVENTY DOLLARS ($6,574,270.00), charging $6,322,000.00 against WATER ENTERPRISE FUND RECEIPTS and $252,270.00 against WATER ENTERPRISE RETAINED EARNINGS, and crediting to the Fiscal Year 2023 WATER ENTERPRISE FUND accounts as follows: Personal Services $1,860,830.00 Expenses $1,818,000.00 Indirect Costs $1,110,000.00 Debt Services $1,415,440.00 Capital Expenses $370,000.00 161-22. ORDERED THAT: There be and hereby is appropriated the sum of THIRTEEN MILLION, FORTY-SEVEN THOUSAND, THREE HUNDRED FOURTEEN DOLLARS ($13,047,314.00), same to be charged against WASTEWATER ENTERPRISE FUND RECEIPTS and crediting Fiscal Year 2023 WASTEWATER ENTERPRISE FUND accounts as follows: Personal Services $2,558,886.00 Expenses $2,929,345.00 Indirect Costs $1,210,000.00 Debt Services $5,799,083.00 Capital Expenses $550,000.00 162-22. ORDERED THAT: There be and hereby is appropriated the sum of SIX HUNDRED NINETY-FIVE THOUSAND, THREE HUNDRED THIRTY-ONE DOLLARS ($695,331.00), same to be charged against AIRPORT RECEIPTS RESERVED and credited to the Fiscal Year 2023 AIRPORT FUND accounts as follows: Personal Services $313,131.00 Expenses $382,200.00 163-22. ORDER THAT: The City of Fitchburg hereby approves the expenditure of funds from the following REVOLVING FUNDS authorized by city ordinance up to the amount available in the fund or $100,000.00 (except Public Health Sustainability which shall have a limit of $700,000.00 for FY2023), whichever is less as listed in the enclosed order. Mayor’s Fiscal Year 2023 Budget Page 3 Finance Committee Meeting of May 25, 2022 141-22. ORDERED THAT: there be and hereby is appropriated the sum of TWO HUNDRED NINETY-EIGHT THOUSAND AND 00/100 DOLLARS ($298,000.00) same to be charged against AVAILABLE FUNDS and credited to the following accounts: HIGHWAY, PERSONAL SERVICES $231,000.00 CEMETERY, PERSONAL SERVICES $ 40,000.00 PARKS, PERSONAL SERVICES $ 27,000.00 (Be Adopted) 142-22. ORDERED THAT: there be and hereby is transferred from within the following PERSONAL SERVICES accounts the sum of ONE HUNDRED SEVENTY-ONE THOUSAND AND 00/100 DOLLARS ($171,000.00) same to be credited to the following accounts: WATER ENTERPRISE FUND, PERSONAL SERVICES $125,000.00 WASTEWATER ENTERPRISE FUND, PERSONAL SERVICES $ 46,000.00 (Be Adopted) 143-22. ORDERED THAT: there be and hereby is transferred from within the sum of FOUR THOUSAND, SEVENTY-ONE AND 00/100 DOLLARS ($4,071.00) same to be transferred from CITY CLERK PERSONAL SERVICES, CLERICAL and credited to CITY CLERK EXPENSES, TEMPORARY PERSONNEL SERVICES. (Be Adopted) 144-22. ORDERED THAT: there be and hereby is transferred from within the sum of SIXTY-TWO THOUSAND AND 00/100 DOLLARS ($62,000.00) same to be transferred from POLICE PERSONAL SERVICES, PATROLMENT and credited to the following POLICE, EQUIPMENT AND REPAIR accounts: AUTO REPAIR $25,000.00 GAS AND OIL $17,000.00 TRAINING $20,000.00 (Be Adopted) 145-22. ORDERED THAT: there be and hereby is appropriated there be and hereby is appropriated the sum of ONE HUNDRED EIGHTY-FIVE THOUSAND, SIX HUNDRED SEVENTY-TWO AND 00/100 DOLLARS ($185,672.00) same to be charged against AVAILABLE FUNDS and credited to POLICE DEPARTMENT, CAPITAL EXPENDITURES, BUILDING RENOVATION for the purpose of hiring a project management team to assist with the renovation of the police station. (Be Adopted) 146-22. ORDERED THAT: there be and hereby is appropriated the sum of TWENTY-FIVE THOUSAND AND 00/100 DOLLARS ($25,000.00) same to be charged against AVAILABLE FUNDS and credited to FIRE DEPARTMENT EQUIPMENT & REPAIR, GAS AND OIL. (Be Adopted) Page 4 147-22. ORDERED THAT: there be and hereby is appropriated the sum of NINETY THOUSAND, SEVEN HUNDRED THIRTY-EIGHT AND 00/100 DOLLARS ($90,738.00) same to be charged against AVAILABLE FUNDS and credited FACILITIES—CITY HALL, REPAIR AND CARE SUPPLIES OTHER for the demolition of the pedestrian bridge off Kimball Street over the railroad tracks. (Be Adopted) 148-22. ORDERED THAT: there be and hereby is transferred from within the sum of SEVENTY THOUSAND AND 00/100 DOLLARS ($70,000.00) same to be transferred from DPW ADMIN/ENGINEERING PERSONAL SERVICES, CIVIL ENGINEER ($50,000.00) AND ASSISTANT CITY ENGINEER ($20,000.00) and credited to DPW CAPITAL EXPENSES, EQUIPMENT for the purpose of replacing vehicles and equipment. (Be Adopted) 149-22. ORDERED THAT: there be and hereby is appropriated the sum of TWENTY- THREE THOUSAND, TWO HUNDRED AND 10/100 DOLLARS ($23,200.10) same to be charged against RESERVED FOR APPROPRIATION, TNC PER RIDE ASSESSMENT and credited to DPW CAPITAL EXPENSES, STREET REPAIR for the purpose of road repaving. (Be Adopted) 150-22. ORDERED THAT: the City of Fitchburg hereby approves the expenditure of funds from the Massachusetts Executive Office of Housing & Economic Development earmark in the approximate amount of $25,000.00 (TWENTY-FIVE THOUSAND AND 00/100 DOLLARS) for the purpose of said earmark, which is to purchase concrete blocks to extend a retaining wall at the Forest Hill Cemetery. (Be Adopted) 151-22. ORDERED THAT: The City of Fitchburg hereby approves the expenditure of funds from the Massachusetts Department of Transportation, Winter Recovery Assistance Program grant in the approximate amount of $601,957.73 (SIX HUNDRED ONE THOUSAND, NINE HUNDRED FIFTY-SEVEN AND 73/100 DOLLARS) for the purpose of said grant, which is to repair city streets and sidewalks impacted by the past harsh winter. (Be Adopted) 152-22. LOAN ORDER: Appropriate $3,300,000.00 to pay the cost of demolishing the existing and constructing a new Oak Hill Water Storage Tank and complete misc. repairs/work at the Overlook, Scott and Falulah Water Storage Tanks as outlined in the enclosed Loan Order. (Be Adopted and First Reading roll call vote) 153-22. LOAN ORDER: Appropriate $30,000,000.00 to pay the cost of various sewer separation projects including, but not limited to sewer separation project CSO 010, 032, 045, and 083 Separation/Rehabilitation as outlined in the enclosed Loan Order. (Be Adopted and First Reading roll call vote) Page 5 Planning Board Meeting of May 24, 2022 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. (Be Granted) Public Works Committee Oral Report Meeting of May 31, 2022 027-22. Councilor Derrick Cruz, on behalf of resident Bassem Awad at 8 Boylston St., to install a street light on telephone poll #4 on Boylston St. 093-22. Councilor Sam Squailia on behalf of resident Nick Hains, to add a 4-way controlled stop at the intersection of Victoria Lane, Industrial Drive and Game-On Way. During times of heavy traffic flow in or out of the Game-On facility, residents of Victoria Lane do not have the right of way to cross, and thus must wait for long periods while the traffic lines go through. If a 4-way stop sign is not feasible, an alternate solution shall be investigated by the city. 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. 140-22. Councilor Bernie Schultz and police Sgt. Dan Boudreau to erect “No Parking from Here to the Corner” signs that measure 50 feet from all four corners of Charles Street at the intersection of Charles and Forest Streets. 165-22. Councilors Squailia & Cruz, for a traffic study to improve bicycle and pedestrian safety at the Twin City Rail Trail crossing and Bemis Road and Water Street, to determine best solutions for improving safety; ie, a “No Right Turn on Red” on Bemis Road turning right onto Water Street and on Water Street turning right onto Bemis Road and/or Rectangular Rapid-Flashing Beacon. 089-20. Councillor Bernie Schultz, and resident Alex Freeman of 70 Rainville Avenue, to remove the “No Turn on Red” sign at the intersection of John T. Cetrino Memorial Drive and Water Street. VIII. ORDERS – FINANCE 170-22. ORDERED THAT: the City of Fitchburg hereby approves the expenditure of funds from the Massachusetts Public Health Excellence grant in the approximate amount of $300,000.00 (THREE HUNDRED THOUSAND AND 00/100 DOLLARS) for the purpose of said grant, which is expand on shared services between municipalities in the Montachusett Public Health Network (MPHN). (Suspension of Rules) Page 6 171-22. ORDERED THAT: the City of Fitchburg hereby approves the expenditure of funds from the U.S. Environmental Protection Agency, Brownfields Assessment Grant Program in the approximate amount of $300,000.00 (THREE HUNDRED THOUSAND AND 00/100 DOLLARS) for the purpose of said grant, which is to conduct environmental assessments of several key properties over the next four years. 172-22. ORDERED THAT: the City of Fitchburg hereby approves the expenditure of funds from the Republic Services Foundation’s National Neighborhood Promise Fund in the approximate amount of $200,000.00 (TWO HUNDRED THOUSAND AND 00/100 DOLLARS) for the purpose of said grant, which is construct a stage at Riverfront Park. 173-22. ORDERED THAT: the City of Fitchburg hereby approves the expenditure of funds from the MassDevelopment, Site Readiness Grant Program in the approximate amount of $100,000.00 (ONE HUNDRED THOUSAND AND 00/100 DOLLARS) for the purpose of said grant, which is to conduct assessment/development studies on reuse of portions of the Fitchburg Municipal Airport. 174-22. ORDERED THAT: the City of Fitchburg hereby approves the expenditure of funds from the Massachusetts Department of Transportation, Shared Streets and Spaces Program grant in the approximate amount of $199,646.64 (ONE HUNDRED NINETY-NINE THOUSAND, SIX HUNDRED FORTY-SIX AND 64/100 DOLLARS) for the purpose of said grant, which is to fund the Franklin Road Sidewalk/Safe Routes to School Enhancement project. 175-22. ORDERED THAT: the City of Fitchburg hereby approves the expenditure of funds from the Massachusetts Department of Transportation, Shared Streets and Spaces Program grant in the approximate amount of $47,00.00 (FORTY-SEVEN THOUSAND AND 00/100 DOLLARS) for the purpose of said grant, which is to fund the Boutelle Street Traffic Calming project. 176-22. ORDERED THAT: the City of Fitchburg hereby approves the expenditure of funds from the Federal Aviation Administration, Airport Rescue Grant in the approximate amount of $59,000.00 (FIFTY-NINE THOUSAND AND 00/100 DOLLARS) for the purpose of said grant, which is to repair the hangers at the airport, or other projects which may arise. 177-22. ORDERED THAT: there be and hereby is transferred from within the sum of TWO HUNDRED SIXTY AND 00/100 DOLLARS ($260.00) same to be transferred from VETERANS BENEFITS, CASH BENEFITS and credited to VETERANS EXPENSES, MEMORIAL DAY CELEBRATION. 178-22. ORDERED THAT: there be and hereby is appropriated the sum of TWO THOUSAND AND 00/100 DOLLARS ($2,000.00) same to be charged against AVAILABLE FUNDS and credited to the following FACILITIES PERSONAL SERVICES accounts: CUSTODIAN $700.00 CLOTHING ALLOWANCE $750.00 OVERTIME $550.00 Page 7 179-22. ORDERED THAT: there be and hereby is appropriated the sum of SEVEN THOUSAND, ONE HUNDRED NINETY-NINE AND 00/100 DOLLARS ($7,199.00) same to be charged against AVAILABLE FUNDS and credited to TREASURER PERSONAL SERVICES, ASSISTANT TO DEPARTMENT HEAD. 180-22. ORDERED THAT: there be and hereby is appropriated the sum of TWELVE THOUSAND AND 00/100 DOLLARS ($12,000) same to be charged against AVAILABLE FUNDS and credited to COUNCIL ON AGING PERSONAL SERVICES, SICK TIME BUYBACK for the purpose of paying a retiring employee. 181-22. ORDERED THAT: there be and hereby is appropriated the sum of FIFTY-TWO THOUSAND AND 00/100 DOLLARS ($52,000.00) same to be charged against AVAILABLE FUNDS and credited to EMPLOYEE BENEFITS, WORKERS COMPENSATION. 182-22. ORDERED THAT: there be and hereby is appropriated the sum of TWENTY THOUSAND AND 00/100 DOLLARS ($20,000.00) same to be charged against AVAILABLE FUNDS and credited to EMPLOYEE BENEFITS, POLICE CHAPTER 41. 183-22. ORDERED THAT: there be and hereby is appropriated the sum of FIFTY-FOUR THOUSAND, TWO HUNDRED SEVENTY-NINE AND 00/100 DOLLARS ($54,279.00) same to be charged against AVAILABLE FUNDS and credited to the following accounts: ASSESSOR, PERSONAL SERVICES $ 6,133.00 TREASURER, PERSONAL SERVICES $ 9,147.00 CITY CLERK, PERSONAL SERVICES $ 7,760.00 COMM. DEV., PERSONAL SERVICES $ 744.00 POLICE, PERSONAL SERVICES $ 8,674.00 FIRE, PERSONAL SERVICES $ 2,328.00 BUILDING, PERSONAL SERVICES $ 5,767.00 HEALTH, PERSONAL SERVICES $ 5,924.00 COUNCIL ON AGING, PERSONAL SERVICES $ 4,990.00 VETERANS, PERSONAL SERVICES $ 1,990.00 EMPLOYEE BENEFITS, OTHER BENEFITS $ 822.00 184-22. ORDERED THAT: there be and hereby is transferred from within the following PERSONAL SERVICES accounts the sum of TWO THOUSAND, NINE HUNDRED SIXTY-TWO AND 00/100 DOLLARS ($2,962.00) same to be credited to the following accounts: WATER ENTERPRISE FUND $ 2,962.00 185-22. ORDERED THAT: there be and hereby is appropriated the sum of FIFTEEN THOUSAND, TWO HUNDRED AND 00/100 DOLLARS ($15,200.00) same to be charged against AVAILABLE FUNDS and credited to LAW OTHER EXPENSES, DAMAGES PERSONS AND PROPERTY to cover compensation to property owners affected by the Circle Street Bridge project. Page 8 186-22. ORDERED THAT: there be and hereby is appropriated the sum of NINE HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($950,000.00) same to be charged against AVAILABLE FUNDS and credited to LAW OTHER EXPENSES, DAMAGES PERSONS & PROPERTY to settle a claim at the airport. 187-22. ORDERED THAT: there be and hereby is appropriated the sum of ONE HUNDRED THOUSAND AND 00/100 DOLLARS ($100,000.00) same to be charged against AVAILABLE FUNDS and credited to the following LAW OTHER EXPENSES accounts: LITIGATION & SPECIAL COUNSEL $50,000.00 LABOR NEGOTIATOR $50,000.00 IX. ORDERS – OTHER 188-22. ORDERED THAT: WHEREAS, the Commonwealth of Massachusetts has permitted the legal cultivation, processing, sale and use of marijuana for non-medical purposes through M.G.L. c. 94G and implementing regulations of the Cannabis Control Commission (the “CCC”) at 935 CMR 500.000 et seq. (the “CCC Regulations”); and WHEREAS, SPEEDY CANNABIS, (the “Company”) proposes to locate and operate a Non-Medical manufacturing facility at 339 River Street, Fitchburg, MA 01420, Fitchburg, Massachusetts (the “Facility”) in accordance with the Regulations issued by the CCC; the Parties agree that the site 339 River Street, Fitchburg, MA 01420, shall be considered the “area” in which the Facility is located and shall extend no further than the property boundaries of the premises leased or owned by the Company as outlined in the enclosed order. (Reference Petition #106-22) 189-22. ORDERED THAT: authorizing the Mayor to execute a lease with Solect Energy Development as outlined in the enclosed order. (With Longsjo Middle School) X. ORDINANCES 135-22. AN ORDINANCE: Amending Chapter 44 of the Fitchburg City Code as outlined in the enclosed Ordinance. (Table) (Final Reading) 136-22. AN ORDINANCE: Amending Chapter 44 of the Fitchburg City Code as outlined in the enclosed Ordinance. (Matrix) (Final Reading) 190-22. AN ORDINANCE: That a vacant property and registration be added to Chapter 137 of the Fitchburg City Code, as outlined in the enclosed Ordinance. (First Reading) Page 9 191-22. An ORDINANCE: Amending Section 181.2112 “Business Districts” inserting the following paragraph underneath the paragraph entitled “Downtown Business” as outlined in the enclosed Ordinance. (First Reading) 192-22. An ORDINANCE: Amending Chapter 139 of the Fitchburg City Code (Noncriminal Disposition of Violations and Municipal Fine Procedures as outlined in the enclosed Ordinance). (First Reading) 193-22. An ORDINANCE: That the Downtown Smart Growth District shall be reflected pursuant to the attached map. (First Reading) XI. RECESSED HEARING 137-22. Unitil, to petition for a new #4A pole on Prichard Street, approx. 453’ North of Elm Street and approx. 190’ South of Oliver Street, as outlined in the enclosed Petition. XII. PUBLIC HEARINGS 166-22. Comcast, to request a grant of location for the purpose of installing a new conduit to provide the Comcast service on Sawyer Passway in Fitchburg. 167-22. Comcast, to request a grant of location for the purpose of installing a new conduit to provide the Comcast service to 180 Main Street, Fitchburg. 168-22. Comcast, to request a grant of location for the purpose of installing a new conduit to provide the Comcast service on Main Street, Fitchburg. XIII. PETITIONS 109-21. Mary de Alderete, City Clerk, to review the Mayor’s salary and the City Councilors’ salary, as required by Chapter 3-43 of the Code of the City of Fitchburg. Referred Council as a Whole/FY 2022 Budget-5/18/21 Referred back to Council as a Whole-6/15/21 (Council as a Whole Committee) XIV. ANNOUNCEMENTS XV. OTHER BUSINESS Next Regular Meeting Tuesday, June 21, 2022 - 7:00 PM Page 10