City Council

FITCHBURG CITY CLERK Jul 08 2022 8:36 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 June 21, 2022. The meeting was called to order by President Anthony Zarrella at 7:03 P.M. The meeting opened with a salute to the Flag led by Councilor Green. The Clerk called the roll and 10 Councilors were present. Councilor Fleming was present remotely. Councilor Couture was absent. --------------------------------------------------------------------------------------------------------------------------------- I. PUBLIC FORUM Jacquelyn Wehtje, 170 Belmont Street, read a statement pertaining to agenda item number 8. ----------------------------------------------------------------------------------------------------------------------- II. REPORT OF THE APPOINTMENTS COMMITTEE The Appointments Committee recommended the following Appointment be confirmed: Appointments Committee Oral Report Meeting of June 21, 2022 New Appointments: Permanent Full Time Firefighter Fitchburg Fire Department Jacob G. Morin Report read and accepted. Appointments confirmed by unanimous consent. 10 members present. Board consists of 11 members. Upon confirmation, Appointee were sworn in by the City Clerk. ----------------------------------------------------------------------------------------------------------------------- Designee to the Montachusett Regional Commission (Annual Appointment) Mary Jo Bohart, Director of Economic Development Report read and accepted. Appointments confirmed by unanimous consent. 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 June 7, 2022 were correctly recorded. Report accepted and minutes adopted. IV. COMMUNICATIONS His Honor the Mayor 1. Appointment letter: Barbara Slattery, as a member of the Fitchburg Disability Commission, term to expire July 1, 2025. Appointment read and referred to the Appointments Committee. ----------------------------------------------------------------------------------------------------------------------- V. REPORTS OF COMMITTEES Council as a Whole Committee Meeting of June 14, 2022 109-21. Joanna Bilotta-Simeone, 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) President Zarrella reported at the June 14th meeting there were votes to index both the Mayor’s and City Coucil to the CPI-U going forward. The Committee also voted to adjust the Mayorals salary to $120,000.00 and City Councilors to $13,000.00 starting after the next City Election. Motion to approve the City Council Salary of $13,000.00, in January 2024, passed by unanimous consent. 10 members present. Board consists of 11 members. Councilor DiNatale briefly recused himself from the meeting. Motion to accept the report of the committee. 5 Yes 4 No (Squailia, Cragin, Curz, Schultz) Motion passes. 9 members present. Board consists of 11 members ----------------------------------------------------------------------------------------------------------------------- Councilor DiNatale rejoined the meeting. Finance Committee Meeting of June 8, 2022 The Finance Committee recommended the following Orders be adopted: 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 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. 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 Orders adopted by unanimous consent 10/0. 10 members present. Board consists of 11 members. Orders signed by the Mayor June 23, 2022. ----------------------------------------------------------------------------------------------------------------------- VII. ORDERS – FINANCE 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. 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. Order signed by the Mayor June 23, 2022. ----------------------------------------------------------------------------------------------------------------------- 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. 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. Order signed by the Mayor June 23, 2022. ----------------------------------------------------------------------------------------------------------------------- 194-22 ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the Commonwealth of Massachusetts earmark in the approximate amount of $75,000.00 (SEVENTY-FIVE THOUSAND AND 00/100 DOLLARS) for the purpose of said earmark, which is for training and equipment related to our newly established crisis response clinician. Motion to suspend the rules pass by unanimous roll call vote. Order adopted by unanimous consent 10/0. 10 members present. Board consists of 11 members. Order signed by the Mayor June 23, 2022. ----------------------------------------------------------------------------------------------------------------------- The following Orders were referred to the Finance Committee: 195-22 ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the Massachusetts Executive Office of Public Safety and Security, Highway Safety Division grant in the approximate amount of $2,810.60 (TWO THOUSAND, EIGHT HUNDRED TEN AND 60/100 DOLLARS) for the purpose of said grant, which is to purchase and install federally approved child passenger safety seats. 196-22 ORDER THAT: there be and hereby is transferred from within the sum of TWELVE THOUSAND AND 00/100 DOLLARS ($12,000.00) same to be transferred from POLICE, PERSONAL SERVICES, CIVILIAN DISPATCHERS and credited to POLICE, PERSONAL SERVICES, DISPATCHER OVERTIME. 197-22 ORDER THAT: there be and hereby is transferred from within the sum of THIRTEEN THOUSAND, FIVE HUNDRED AND 00/100 DOLLARS ($13,500.00) same to be transferred from HUMAN RESOURCES PERSONAL SERVICES, HUMAN RESOURCES GENERALIST and credited to the following accounts: HUMAN RESOURCES, PERS. SERV., OVERTIME $5,000.00 HUMAN RESOURCES, EXPENSES, TEMP. P.S. $8,500.00 198-22 LOAN ORDER: the City appropriate the amount of Four Million, Eight Hundred Thousand Dollars ($4,800,000.00) for the purpose of paying costs of an Accelerated Repair Project at the Arthur M. Longsjo Middle School, located at 98 Academy Street, Fitchburg, Massachusetts, to replace windows and doors, as outlined in the enclosed order. ----------------------------------------------------------------------------------------------------------------------- VIII. ORDINANCES The following Ordinance was referred to the Legislative Affairs Committee: 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. ---------------------------------------------------------------------------------------------------------------------- 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. Track Changes Zoning Map 191-22 Ordinance was amended to include the new Zoning map, effective June 22, 2022 as shown in the link above. Ordinance as amended was sent to a final reading, adopted, and enrolled to be ordained by roll call vote of 10 in favor and 0 opposed. 10 members present. Board consists of 11 members. Ordinance was signed by the Mayor June 23, 2022. ----------------------------------------------------------------------------------------------------------------------- 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). Ordinance was sent to a final reading, adopted, and enrolled to be ordained by roll call vote of 9 in favor and 1 opposed (DiNatale). 10 members present. Board consists of 11 members. Ordinance was signed by the Mayor June 23, 2022. ----------------------------------------------------------------------------------------------------------------------- 193-22. An ORDINANCE: That the Downtown Smart Growth District shall be reflected pursuant to the attached map. Downtown Smart Growth Zoning District West Smart Growth Zoning District Ordinance was sent to a final reading, adopted, and enrolled to be ordained by roll call vote of 10 in favor and 0 opposed. 10 members present. Board consists of 11 members. Ordinance was signed by the Mayor June 23, 2022. ----------------------------------------------------------------------------------------------------------------------- The Following Ordinance was referred the Public Works Committee and the Public Safety Committee. 199-22 An ORDINANCE: Amending Chapter 169-24 entitled “parking prohibited at all times”. (Relating to Boulder Dr. as in the enclosed order) ----------------------------------------------------------------------------------------------------------------------- IX. PETITIONS The following Petition was referred to the City Property Committee: 200-22 Tom Skwierawski Executive Director of Community Development and Planning, to accept the proposal of WCHR to purchase 80 Lunenburg St. as outlined in the enclosed petition. ---------------------------------------------------------------------------------------------------------------------- The following Petition was referred to the Parks Commission, Public Safety Committee, and the Public Works Committee: 201-22 Residents of Bella Vista I Condominiums located at 875 John Fitch Highway, to request support for our neighborhood improvement petition as outlined in the enclosed document. ---------------------------------------------------------------------------------------------------------------------- The following Petition was referred to the Public Works Committee: 202-22 Councilor Marisa Fleming, to fix cracking sidewalks due to overgrown tree roots in Stoneybrook Village, begin at the side of 170 Village Crossing and continue around to 108 Village Crossing. ----------------------------------------------------------------------------------------------------------------------- The following Petition was referred to the Parks Commission, Public Safety Committee, and the Public Works Committee: 203-22 Residents of Bella Vista II Condominiums located at 855 John Fitch Highway, to request support for our neighborhood improvement petition as outlined in the enclosed document. XI. ANNOUNCEMENTS President Zarrella shared a reminder that two way on Main Street and Boulder Drive goes into effect Thursday, June 23, 2022 at 6:00 AM. Please drive carefully observe signage and cones, there will also be police officer helping and observing the traffic. X. OTHER BUSINESS The meeting adjourned at 8:25 P.M. ___________________________________ Joanna Bilotta-Simeone, City Clerk