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City Council

Regular Meeting

Fitchburg, MA · July 5, 2022

AgendaMinutes

Minutes

FITCHBURG CITY CLERK Jul 08 2022 9:08 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 July 5, 2022. The meeting was called to order by President Anthony Zarrella at 7:04 P.M. The meeting opened with a salute to the Flag led by Councilor Schultz. The Clerk called the roll and 10 Councilors were present. Councilor Couture was absent. --------------------------------------------------------------------------------------------------------------------------------- I. PUBLIC FORUM No one spoke at the Public Forum. ----------------------------------------------------------------------------------------------------------------------- II. REPORT OF THE APPOINTMENTS COMMITTEE The Appointments Committee recommended the following Appointment be confirmed: Appointments Committee Oral Report Meeting of July 5, 2022 New Appointment: Fitchburg Disability Commission Term to expire July 1, 2025 Ms. Barbara Slattery Report read and accepted. Appointment 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 21, 2022 were correctly recorded. Report accepted and minutes adopted. ----------------------------------------------------------------------------------------------------------------------- IV. COMMUNICATIONS His Honor the Mayor 1. Appointment letter: Andrew Lipasti, as a member of the Fitchburg Historical Commission, term to expire July 1, 2025. 2. Appointment letter: Eric Chartrand, as a member of the Zoning Board of Appeals, term to expire January 1, 2025. 3. Appointment letter: James Reynolds, as a member of the Zoning Board of Appeals, term to expire October 1, 2023. 4. Full Time Student Police Officers for the City of Fitchburg: Kyle R. Batallas Sean D. McCue Florencia J. Rivas Krish J. Kulka Travis E. Morcaldi 5. Appointment letter: Joyce Jacobs, as a full member of the Conservation Commission, term to expire August 1, 2025. Appointments read and referred to the Appointments Committee. ----------------------------------------------------------------------------------------------------------------------- V. ANNUAL REPORT 215-22 ANNUAL REPORT: Fitchburg DPW Water Quality Report for FY 2021 2021 Annual Water Quality Report Reading waived. Reports placed on file in the City Clerk’s Office by unanimous consent 10/0. 10 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- VI. REPORTS OF COMMITTEES City Property Oral Report Meeting of June 29, 2022 City Property Minutes 6-29-22 Note: Several properties were discussed separately from agenda item 164-22 which comprises: 0 Clarendon, 12 Martel, 233 Mechanic, 46 Mt. Vernon, 12 Northman Passway, 70 Clarendon, 110 Fairmount, 137 Blossom; these are referenced below. 164-22 Anne Cervantes, City Treasurer, to have the following properties be declared as excess and designate to the Side Yard Sales Program: 0 Clarendon Street City Property unanimously recommended to deny the designation to sideyard sales and put 0 Clarendon Street out to auction. 110 Fairmount Street 137 Blossom Street City Property unanimously recommended a Request for Proposal for both 110 Fairmount Street and 137 Blossom Street. 12 Martel Street 223 Mechanic Street 46 Mt. Vernon Street 10 Northmen Passway 70 Clarendon Street City Property unanimously recommended the aforementioned properties to sideyard sales. 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 City Property unanimously recommended that the Petition be granted. Noted for the Record: Councilor Beauchemin stated that he is supporting this but does not want to give away all our commerical land for housing. 034-22. Tom Skwierawski, Exe. Director of Community Planning & Development, to request City Council declare the following parcel as surplus property: 0 Sawmill Pond Road Assessor’s Map S53/6/0 The City Property unanimously recommended that the Petition be granted. Report accepted by unanimous consent 10/0. 10 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- Finance Committee Meeting of June 22, 2022 Finance Committee Minutes 6-22-22 The Finance Committee recommended the following Orders be adopted: 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. (Adopted) 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. (Adopted) 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 (Adopted) Orders 195, 196, & 197-22 adopted by unanimous consent 10/0. 10 members present. Board consists of 11 members. Orders signed by the Mayor July 6, 2022. ----------------------------------------------------------------------------------------------------------------------- 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. (Adopted, First Reading) Loan Order was sent to a second reading by roll call vote of 10 in favor and 0 opposed. 10 members present. Board consists of 11 members. Noted for the Record: Councilor Beauchemin stated that he hopes we find the 1.2 million of the Cities obligation and that the city does not have to take a loan. ----------------------------------------------------------------------------------------------------------------------- VII. ORDERS – FINANCE Motion to suspend the rules for orders 204-22 & 205-22 passed by roll call vote of 10 in favor and 0 opposed. 204-22 ORDER THAT: there be and hereby is transferred from within the FY2022 Budget the sum of SIXTY THOUSAND AND 00/100 DOLLARS ($60,000.00) same to be transferred from MONTACHUSETT REGIONAL VOCATIONAL TECHNICAL SCHOOL ASSESSMENT and credited to EMPLOYEE BENEFITS, MEDICARE. Order adopted under Suspension of the Rules by roll call vote and approved by unanimous consent of 10 in favor and 0 opposed. 10 members present. Board consists of 11 members. Order signed by the Mayor July 6, 2020. ----------------------------------------------------------------------------------------------------------------------- 205-22 ORDER THAT: there be and hereby is transferred from within the FY2022 Budget the sum of FIFTEEN THOUSAND AND 00/100 DOLLARS ($15,000.00) same to be transferred from MONTACHUSETT REGIONAL VOCATIONAL TECHNICAL SCHOOL ASSESSMENT and credited to MISCELLANEOUS EXPENSES, MEDICAID BILLING COMMISSIONS. Order adopted under Suspension of the Rules by roll call vote and approved by unanimous consent of 10 in favor and 0 opposed. 10 members present. Board consists of 11 members. Order signed by the Mayor July 6, 2022. ----------------------------------------------------------------------------------------------------------------------- The following Orders were referred to the Finance Committee: 206-22 ORDER THAT: there be and hereby is transferred from within the sum of FIFTY THOUSAND AND 00/100 DOLLARS ($50,000.00) same to be transferred from RESERVE FOR OTHER MUNICIPAL PURPOSES, CAPITAL EXPENSES and credited to POLICE, CAPITAL EXPENDITURES, BUILDING RENOVATION for the purpose of contracting for designer services. 207-22 ORDER THAT: the City of Fitchburg approves the expenditure of additional funds from the Massachusetts Collaborative for Action, Leadership, and Learning 3 Substance Misuse Prevention grant in the approximate amount of ONE HUNDRED TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($125,000.00) for the purpose of said grant, which is to prevent and reduce misuse of substances of first use (alcohol, nicotine, cannabis) among youth. This order is in addition to the amount approved in Council Order #077-21. 208-22 ORDER THAT: the City of Fitchburg hereby approves the expenditure of additional 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). This order is in addition to the amount approved in Council Order #170- 22. 209-22 ORDER THAT: the City of Fitchburg hereby approves the expenditure of additional funds from the Massachusetts Department of Public Health, Bureau of Substance Addiction Services grant in the approximate amount of $16,666.00 (SIXTEEN THOUSAND, SIX HUNDRED SIXTY-SIX AND 00/100 DOLLARS) for the purpose of said grant, which is to assist individuals living in Fitchburg who are experiencing homelessness or who are at risk of overdose and to collaborate with other agencies to assess other city needs. This order is in addition to the amount approved in Council Order #013-20. 210-22 ORDER 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 $4,400.00 (FOUR THOUSAND, FOUR HUNDRED AND 00/100 DOLLARS) for the purpose of said grant, which is to upgrade cameras located on the property. 211-22 ORDER 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 $114,400.00 (ONE HUNDRED FOURTEEN THOUSAND, FOUR HUNDRED AND 00/100 DOLLARS) for the purpose of said grant, which is to repair roofs on Hangars 2 and 3. 212-22 ORDER 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 $48,400.00 (FORTY-EIGHT THOUSAND, FOUR HUNDRED AND 00/100 DOLLARS) for the purpose of said grant, which is to repair doors on Hangars 2 and 3. 213-22 ORDER 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 $8,160.00 (EIGHT THOUSAND, ONE HUNDRED SIXTY AND 00/100 DOLLARS) for the purpose of said grant, which is to upgrade the fuel farm. ----------------------------------------------------------------------------------------------------------------------- VIII. PETITIONS The following Petition was referred to the Public Safety Committee: 214-22 Desilets Auto Inc, to petition for a Class II Dealer’s License located at 650 John Fitch Highway, Fitchburg, MA. ---------------------------------------------------------------------------------------------------------------------- XI. ANNOUNCEMENTS From Councilor Schultz: The first in-person meeting of the Widowed Helping Widowed Support Group will take place on Thursday, August 25, 2022 from 4 until 5:30 p.m. in Room 203 at the Fitchburg State University Recreation Center, 130 North Street. Kelley Lynn and Bernie Schultz will co-facilitate the meeting. President Zarrella wanted to take this oppoturnity to thank the Fitchburg Civic Days and all the volenteers for the return of the Block Party and Parade, we really needed this after the pandemic. Very glad to see a success for the Block Party, and a wonderful tribute to a very good man, John Pagnotta. President Zarrella informed Council in the manner he addresses readings submitted within Orders or Ordineances. First reading is the first time it is in front of us, then refered to committee, second time is the second time the council votes on it, and the third time is the third and final vote. President Zarrella will work on the verbiage for the agenda with the City Clerk. X. OTHER BUSINESS The meeting adjourned at 7:25 P.M. ___________________________________ Joanna Bilotta-Simeone, City Clerk

Agenda

FITCHBURG CITY CLERK Jun 30 2022 3:49 pm WELCOME TO THE FITCHBURG CITY COUNCIL July 5, 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 Councilor 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 July 5, 2022 New Appointment: Fitchburg Disability Commission Term to expire July 1, 2025 Ms. Barbara Slattery III. REPORT OF COMMITTEE ON RECORDS IV. COMMUNICATIONS His Honor the Mayor 1. Appointment letter: Andrew Lipasti, as a member of the Fitchburg Historical Commission, term to expire July 1, 2025. 2. Appointment letter: Eric Chartrand, as a member of the Zoning Board of Appeals, term to expire January 1, 2025. 3. Appointment letter: James Reynolds, as a member of the Zoning Board of Appeals, term to expire October 1, 2023. 4. Full Time Student Police Officers for the City of Fitchburg: Kyle R. Batallas Sean D. McCue Florencia J. Rivas Krish J. Kulka Travis E. Morcaldi 5. Appointment letter: Joyce Jacobs, as a full member of the Conservation Commission, term to expire August 1, 2025. Page 1 V. ANNUAL REPORT 215-22 ANNUAL REPORT: Fitchburg DPW Water Quality Report for FY 2021 2021 Annual Water Quality Report VI. REPORTS OF COMMITTEES City Property Oral Report Meeting of June 29, 2022 164-22 Anne Cervantes, City Treasurer, to have the following properties be declared as excess and designate to the Side Yard Sales Program: 0 Clarendon Street 12 Martel Street 223 Mechanic Street 46 Mt. Vernon Street 10 Northmen Passway 70 Clarendon Street 110 Fairmount Street 137 Blossom Street 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. 034-22. Tom Skwierawski, Exe. Director of Community Planning & Development, to request City Council declare the following parcel as surplus property: 0 Sawmill Pond Road Assessor’s Map S53/6/0 Finance Committee Meeting of June 22, 2022 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. (Be Adopted) 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. (Be Adopted) Page 2 197-22 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 (Be Adopted) 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. (Be Adopted, First Reading) VII. ORDERS – FINANCE 204-22 ORDER THAT: there be and hereby is transferred from within the FY2022 Budget the sum of SIXTY THOUSAND AND 00/100 DOLLARS ($60,000.00) same to be transferred from MONTACHUSETT REGIONAL VOCATIONAL TECHNICAL SCHOOL ASSESSMENT and credited to EMPLOYEE BENEFITS, MEDICARE. 205-22 ORDER THAT: there be and hereby is transferred from within the FY2022 Budget the sum of FIFTEEN THOUSAND AND 00/100 DOLLARS ($15,000.00) same to be transferred from MONTACHUSETT REGIONAL VOCATIONAL TECHNICAL SCHOOL ASSESSMENT and credited to MISCELLANEOUS EXPENSES, MEDICAID BILLING COMMISSIONS. 206-22 ORDER THAT: there be and hereby is transferred from within the sum of FIFTY THOUSAND AND 00/100 DOLLARS ($50,000.00) same to be transferred from RESERVE FOR OTHER MUNICIPAL PURPOSES, CAPITAL EXPENSES and credited to POLICE, CAPITAL EXPENDITURES, BUILDING RENOVATION for the purpose of contracting for designer services. 207-22 ORDER THAT: the City of Fitchburg approves the expenditure of additional funds from the Massachusetts Collaborative for Action, Leadership, and Learning 3 Substance Misuse Prevention grant in the approximate amount of ONE HUNDRED TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($125,000.00) for the purpose of said grant, which is to prevent and reduce misuse of substances of first use (alcohol, nicotine, cannabis) among youth. This order is in addition to the amount approved in Council Order #077-21. 208-22 ORDER THAT: the City of Fitchburg hereby approves the expenditure of additional 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). This order is in addition to the amount approved in Council Order #170-22. Page 3 209-22 ORDER THAT: the City of Fitchburg hereby approves the expenditure of additional funds from the Massachusetts Department of Public Health, Bureau of Substance Addiction Services grant in the approximate amount of $16,666.00 (SIXTEEN THOUSAND, SIX HUNDRED SIXTY-SIX AND 00/100 DOLLARS) for the purpose of said grant, which is to assist individuals living in Fitchburg who are experiencing homelessness or who are at risk of overdose and to collaborate with other agencies to assess other city needs. This order is in addition to the amount approved in Council Order #013-20. 210-22 ORDER 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 $4,400.00 (FOUR THOUSAND, FOUR HUNDRED AND 00/100 DOLLARS) for the purpose of said grant, which is to upgrade cameras located on the property. 211-22 ORDER 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 $114,400.00 (ONE HUNDRED FOURTEEN THOUSAND, FOUR HUNDRED AND 00/100 DOLLARS) for the purpose of said grant, which is to repair roofs on Hangars 2 and 3. 212-22 ORDER 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 $48,400.00 (FORTY-EIGHT THOUSAND, FOUR HUNDRED AND 00/100 DOLLARS) for the purpose of said grant, which is to repair doors on Hangars 2 and 3. 213-22 ORDER 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 $8,160.00 (EIGHT THOUSAND, ONE HUNDRED SIXTY AND 00/100 DOLLARS) for the purpose of said grant, which is to upgrade the fuel farm. VIII. PETITIONS 214-22 Desilets Auto Inc, to petition for a Class II Dealer’s License located at 650 John Fitch Highway, Fitchburg, MA. IX. ANNOUNCEMENTS IX. OTHER BUSINESS Next Regular Meeting Tuesday, July 19, 2022 - 7:00 PM Page 4

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