City Council

FITCHBURG CITY CLERK Dec 06 2022 6:15 pm 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 October 18, 2022. The meeting was called to order by President Anthony Zarrella at 7:05 P.M. The meeting opened with a salute to the Flag led by Councilor Cruz. The City Clerk called the roll and 11 Councilors were present (Fleming via remote access). ----------------------------------------------------------------------------------------------------------------------- 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. No one spoke at the Public Forum. ----------------------------------------------------------------------------------------------------------------------- II. REPORT OF THE APPOINTMENTS COMMITTEE Appointments Committee Oral Report Meeting of October 18, 2022 Re-Appointment: Fitchburg Housing Authority Board of Directors (Term to expire September 2, 2027) David Basilio 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 October 4, 2022 were correctly recorded. Report accepted and minutes adopted. ----------------------------------------------------------------------------------------------------------------------- IV. COMMUNICATIONS His Honor the Mayor 1. Re-Appointment letter: Re-Appointment to the Human Rights Commission (Term to expire October 1, 2025) Hafsa Asfa 2. Re-Appointment letter: Re-Appointment to the Human Rights Commission (Term to expire September 1, 2025) Jamie Darcangelo 3. Re-Appointment letter: Re-Appointment to the Human Rights Commission (Term to expire May 1, 2025) Krista Ford-Rhodes Appointments read and referred to the Appointments Committee. ----------------------------------------------------------------------------------------------------------------------- VI. REPORTS OF COMMITTEES Economic Development Oral Report Meeting of October 11, 2022 254-22 Tom Skwierawski, Exe. Director of Community Development and Planning, and Liz Murphy, Director of Housing and Development, to formally approve Mayor DiNatale’s proposed Tax-Increment Exemption (TIE) agreement for 759-769 Main Street, pursuant to the City of Fitchburg’s Housing Development Incentive Program (HDIP) market-rate housing district. (Approved as Amended by unanimous consent 3/0) Report read and accepted by a vote of 10/1 (Beauchemin). 11 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- Finance Committee Meeting of October 12, 2022 The Finance Committee recommended the following Orders be adopted: 250-22 ORDER THAT: there be and hereby is transferred from within the sum of ONE HUNDRED SEVENTY-THREE THOUSAND, THIRTY-FIVE AND 00/100 DOLLARS ($173,035.00) same to be transferred from RESERVE FOR OTHER MUNICIPAL PURPOSES, CAPITAL EXPENSES and credited to FIRE, CAPITAL EXPENDITURES, VEHICLE REPLACEMENT for the purpose of replacing three fire vehicles. (Be Held) Councilor DiNatale requested order 250-22 be pulled from finance committee and acted on this evening. Chief Suarez was unable to attend the finance meeting, is here tonight to discuss order 250-22. Motion and Second unanimous consent 11/0. 11 members present. Board consists of 11 members. Orders signed by the Mayor October 19, 2022. ----------------------------------------------------------------------------------------------------------------------- 251-22 ORDER THAT: there be and hereby is transferred from within the sum of EIGHTY-SEVEN THOUSAND AND 00/100 DOLLARS ($87,000.00) same to be transferred from RESERVE FOR OTHER MUNICIPAL PURPOSES, CAPITAL EXPENSES and credited to POLICE, CAPITAL EXPENDITURES, VEHICLE REPLACEMENT for the purpose of replacing two police vehicles. (Be Adopted) Order 251-22 adopted by unanimous consent 11/0. 11 members present. Board consists of 11 members. Orders signed by the Mayor October 19, 2022 . ----------------------------------------------------------------------------------------------------------------------- VI. ORDERS - OTHER 257-22 Authorizing the City Clerk to notify the voters of the State Election on Tuesday, November 8, 2022. Notify Voters of the State Election on November 8, 2022 Order 257-22 adopted under Suspension of the Rules by unanimouns consent and approved by unanimous consent of 11/0. 11 members present. Board consists of 11 members. Order signed by the Mayor October 19, 2022. ----------------------------------------------------------------------------------------------------------------------- VII. ORDINANCE 199-22 An ORDINANCE: To Amend Chapter 169-24 entitled “parking prohibited at all times”. (Relating to Boulder Dr. as in the enclosed order) (See proposed amendments dated 10-04-22) (Final Reading) Ordinance was sent to a third and final reading and adopted as amended to be enrolled and ordained by unanimous roll call vote of 11/0. 11 members present. Board consists of 11 members. Order signed by the Mayor, October 19, 2022. ----------------------------------------------------------------------------------------------------------------------- VIII. PUBLIC HEARING 106-22. City Councilor Andy Van Hazinga on behalf of 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. 7:26 President Zarrella recused himself Councilor Van Hazinga opened the public hearing at 7:27 PM. Attorney Silverman on behalf of the Almousa, Basemah Trustee, noted that the Cannabis Control Commission (Commission) is committed to encouraging and enabling full participation in the marijuana industry by people from communities that have previously been disproportionately harmed by marijuana prohibition and enforcement, and to positively impact those communities. These efforts include the development of policies and procedures in addition to the Social Equity Program (SEP) and the Certified Economic Empowerment Priority Applicant status. There are two types: Marijuana Couriers are allowed to deliver marijuana and marijuana products to consumers and patients from a Marijuana Retail Establishment or Medical Marijuana Treatment Center. Marijuana Couriers cannot store marijuana and marijuana products overnight. Delivery Operators are allowed to purchase marijuana and marijuana products from licensed Marijuana Cultivators and Marijuana Product Manufacturers and sell and deliver to consumers. Marijuana Delivery Operators may securely store on its premises marijuana and marijuana products that have been purchased at wholesale for eventual resale to consumers. The City of Fitchburg will receive 3% sales tax on all retail sales, including delivery operator sales. Also the state is providing an additional 1% to the local community for sales by an economic empowerment or social equity applicant-owned business. Councilor Van Hazinga noted this does not approve any specific development. Attorney Silverman stated that it does not, anyone who wanted to provide a delivery service would need to go through the local special permitting process. Councilor Green asked if this ordinance change would increse the number of retailers in the City of Fitchburg. Councilor Van Hazinga stated the Canannabis Control Commission has ruled that these delivery services do not fall under retailers. Councilor DiNatale reconfirmed that the 3% from the state is only on Delivery Operator, Deilivery Carrier is 3% when delivering in Fitcbhurg only. These are not retailors, there is no parking requirements, no consumers going in and out of a business establishment. Councilor Squailia shared information in 935CMR 500.145, delivery operator is consider to be a retailer. Councilor Squailia asked if all delivery operators need to wear body camera and have to have two people at all times. Attorney Silverman advised yes that is correct. Councilor Cragin, research and shared that surrounding States, Vermont, Maine, CT all allowed such service. Councilor Green asked if any surrounding town have approved these delivery options? Attorney Silverman did not have that information. Councilor Green asked if approved how long would it take for this to go into effect. Attorney Silverman advised approxmialtey a year. Attorney Silverman noted there is market for this service, if Fitcbhurg does not offer this, Other communities will. Councilor Van Hazinga asked if anyone is here to speak in favor: John Westlake, 714 Ashby State Road, Fitchburg, Socail equity applicant, need to think of the shut-ins, eldery, vertereans. People are thinking of colleage students. This is going to enhcance the businesses for the people in need. Fitchburg will be supporting all of the communites around us. Councilor Van Hazinga asked if anyone is here to speak in opposition: No one spoke in opposition. Public Hearing Closed at 8:03 PM Motion and second to approve petition. Board discussion: Councilor Green comment that if this is appoved will it come in front of City Council again. Would like to see Fitchburg to be the Gold Standard. Councilor Van Hazinga stated we can make changes/amendments to the Ordinenace at anytime. Was on the planning board when this all stared that Fitcbhurg was business friendly enviorment with process and application. Councilor Schultz feels this should be called Cannabis not marijuana. Petition was granted by roll call vote and approved by unanimous consent of 9/1 (Fleming). 10 members present. Board consists of 11 members. President Zarrella rejoined at 8:07 PM. -----------------------------------------------------------------------------------------------------------------------  IX. PETITIONS The Following Petition was referred to Public Works: 258-22 Councilors Sam Squailia and Bernie Schultz on behalf of Janet Rivera to remedy the sidewalk area in front of 367 Water St per the following: Remove the existing tree that is causing significant sidewalk heaving, repair the sidewalk to allow for accessible access, repoint the mortar joints on the granite block wall in that area. ----------------------------------------------------------------------------------------------------------------------- The Following Petitions was referred to Public Safety & Public Works 259-22 Councilors Sam Squailia suggested amendments to the Main St / Boulder Dr. Suggested Amendments to the Main St / Boulder Dr Layout Motion and second to amend as detail in communication form Councilor Squailia approved by unanimous consent of 11/0. 11 members present. Board consists of 11 members. The following amendments as of 10-04-22 to petition has been referred to Public Works and Public Safety. ----------------------------------------------------------------------------------------------------------------------- VIII. ANNOUNCEMENTS Councilor Schultz submitted: The next meeting of the Widowed Helping Widowed Support Group will take place on Thursday, October 20, 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. Councilor Amy Green: president of the Fitchburg historical society invites you to our 3rd Fitchburg trivia night. Saturday November 5th, at 6pm at the Fitchburg Historical Society, 781 Main Street. The theme for this event is "turkey day". We will focus our history questions about the long standing football rivalry between Fitchburg & Leominster throughout the years. A pasta dinner is included for the $ 25 cover charge. Visit our website to purchase tickets. City Clerk Joanna Bilotta: Reminding all voters that in-person early voting for the November 8th State Election will commence this Saturday, October 22, 2022 and go through Friday, November 4th, here at the Legislative Building, please go to the City Clerk webpage under IN-PERSON- EARLY-VOTING for the hours. Also, the Last day to register to vote for the November 8th Election is Saturday, October 29th, at City Hall. ---------------------------------------------------------------------------------------------------------------------- IX. OTHER BUSINESS Next Regular Meeting Tuesday, November 1, 2022 - 7:00 PM The meeting adjourned at 8:12 P.M. ___________________________________ Joanna Bilotta-Simeone, City Clerk