City Council

FITCHBURG CITY CLERK Jan 04 2023 12:13 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 December 6, 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 Van Hazinga. The City Clerk called the roll and 10 Councilors were present, (via Zoom Fleming) Councilor Cruz was absent. ----------------------------------------------------------------------------------------------------------------------- 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. Ms. Wehjte spoke to agenda item XI review and discussion of petition guide and the Charter Commission section of the citizen’s guidance. ----------------------------------------------------------------------------------------------------------------------- II. REPORT OF THE APPOINTMENTS COMMITTEE Appointments Committee Oral Report Meeting of December 6, 2022 Re-Appointment: Council on Aging (Term to expire November 1, 2025) James B. Craigen Report read and accepted. Appointments confirmed by unanimous consent. 10 members present. Board consists of 11 members. -----------------------------------------------------------------------------------------------------------------------  III. REPORT OF COMMITTEE ON RECORDS President Zarrella recommending deferring the report from Committee on Records until the December 20th City Council Meeting. City Council had not objections. ----------------------------------------------------------------------------------------------------------------------- IV. COMMUNICATIONS His Honor the Mayor 1. Re-Appointment letter: Alyne Butland, as member of the Planning Board, term to expire December 31, 2025. The Appointment was read and referred to the Appointments Committee by unanimous consent 10/0. ----------------------------------------------------------------------------------------------------------------------- V. REPORTS OF COMMITTEES Finance Committee Meeting of November 30, 2022 270-22. ORDER THAT: there be and hereby is transferred from within the sum of ONE HUNDRED THOUSAND AND 00/100 DOLLARS ($100,000.00) same to be transferred from RESERVE FOR OTHER MUNICIPAL PURPOSES, CAPITAL EXPENSES and credited to CEMETERY CAPITAL EXPENSES, MAUSOLEUM REPAIRS for the purpose of hiring a qualified practitioner to provide plans, specifications, cost estimates, renderings, and other items necessary for the restoration and refurbishment of the Mausoleum at Forest Hill Cemetery. (Be Adopted) 271-22. ORDER THAT: ONE HUNDRED FORTY THOUSAND AND NO/100 DOLLARS ($140,000) is appropriated to pay costs of the City’s compliance with the proposed Lead and Copper Rule revisions, including costs of creating a water service inventory for the City’s water system, reviewing and updating the current lead and copper sampling plan, developing a lead service line replacement plan, and all costs incidental and related thereto; that to meet this appropriation the Treasurer with the approval of the Mayor is authorized to borrow said amount and to issue bonds and notes under G.L. c.44, §7(7), G.L. c.29C, and/or any other enabling authority; that the Treasurer with the approval of the Mayor is authorized to borrow all or a portion of such amount from the Massachusetts Clean Water Trust established pursuant to G.L. c.29C, and in connection therewith to enter into a financing agreement and/or a security agreement with the Trust and otherwise to contract with the Trust and the Department of Environmental Protection with respect to such loan, and for any federal or state aid available for the projects or for the financing thereof; that the Mayor is authorized to enter into a project regulatory agreement with the Department of Environmental Protection, to expend all funds available for the projects and to take any other action necessary to carry out the projects; and that the Treasurer is authorized to file an application with the Municipal Finance Oversight Board to qualify under Chapter 44A of the General Laws any or all of the bonds authorized by this order and to provide such information and execute such documents as the Municipal Finance Oversight Board may require for these purposes. (Be Adopted - Loan Order) 272-22. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the Commonwealth of Massachusetts, Executive Office of Energy and Environmental Affairs, Drinking Water Supply Protection Program grant program in the approximate amount of $140,370.00 (ONE HUNDRED FORTY THOUSAND, THREE HUNDRED SEVENTY AND 00/100 DOLLARS) for the purpose of said grant, which is for the costs of purchasing a conservation restriction on certain parcels of land in Ashburnham known as the Kerlinger property. (Be Adopted) 273-22. ORDER 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 FUND BALANCE RESERVED FOR LAND PURCHASES and credited to WATER CAPITAL EXPENDITURES, LAND PURCHASES. (Be Adopted) 274-22. ORDER THAT: RESOLUTION and ORDER this ____ day of _____________, 2022 authorizing the City of Fitchburg to (1) obtain a Conservation Restriction on a certain parcel of land in Ashburnham known as the Kerlinger Property (hereinafter, “Property), said Property being a +/- 49.43 acre parcel of land located at 220 Russell Hill Road in Ashburnham within the watershed to Lovell Reservoir; (2) the Conservation Restriction on said parcel will be obtained through a combination of grant monies, owner donation, and Division of Water Supply funds; (3) to place the restricted Property under the control, supervision and management of the Division of Water Supply of the Department of Public Works (DPW); (4) to authorize the Division of Water Supply, its municipal agents and the Mayor to carry out the intent and purposes of this Order by signing contracts, recordable instruments and any other instrument in the name of and on behalf of the City of Fitchburg to carry out these purposes. NOW THEREFORE BE IT RESOLVED and ORDERED that the Conservation Restriction conveyed to the City of Fitchburg shall be subject to the provisions of Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts as open space for drinking water supply protection purposes and that the land under Conservation Restriction shall be placed in the control, care and custody of the Division of Water Supply of the City of Fitchburg Department of Public Works, and it is further, ORDERED that the Deputy Commissioner of the City of Fitchburg D.P.W. - Division of Water Supply and municipal agents is hereby authorized to execute contracts and any other instruments as are necessary or helpful for carrying out this Order, and it is further ORDERED that the Mayor of the City of Fitchburg is authorized to execute contracts and restrictions and any other instruments as he, in his discretion, shall determine necessary or helpful for carrying out this Order. Third parties may rely upon the representation of the Mayor as to his authority to execute any such instrument in the name of the City of Fitchburg. (Be Adopted) 275-22. RESOLVED THAT: pursuant to Massachusetts General Laws Chapter 32, Section 103 (j), City Council hereby approves the increase in the maximum base amount on which the cost-of-living adjustment is calculated from $12,000 to $14,000, as accepted by the Fitchburg Contributory Retirement Board during a meeting held on October 25, 2022. Fitchburg 2022 actuarial valuation report (Be Adopted) Report read and accepted. Orders adopted by unanimous consent 10/0. 10 members present. Board consists of 11 members. Orders signed by the Mayor December 9, 2022. ----------------------------------------------------------------------------------------------------------------------- VI. ORDERS The following Order were referred to City Property: 277-22. ORDERED THAT: WHEREAS, the City has certain easement rights for pole lines, as more fully described in an unrecorded plan dated 1968 and revised in 1969, prepared by the City of Fitchburg, Department of Public Works, as indicated in Deed in Worcester North Registry of Deeds Book 1042, Page 522, that no longer exist but the easement is encumbering a portion of property owned by SIGNCO Realty Trust utd dated January 22, 2004; WHEREAS, the City intends to release, relinquish and terminate any and all rights that it has or may have reserved in the Deed referenced above; WHEREAS, SIGNCO Realty Trust hereby accepts and consents to such release, relinquishment of termination by the City of Fitchburg; WHEREAS, both Parties agree that any and all rights of the City and to the easement located over, upon and across the property owned by SIGNCO are terminated and shall no longer be in further force and affect; NOW THEREFORE, IT IS ORDERED, that the Honorable Mayor Stephen L. DiNatale be hereby authorized for and on behalf of, the City of Fitchburg, to execute and deliver any and all documents and to take any and all acts necessary, convenient and helpful to facilitate and execute the Release and Termination of Easement Rights as attached or in form substantially similar thereto. (Refer to City Property) ----------------------------------------------------------------------------------------------------------------------- The following Orders were referred to the Finance Committee: 278-22. ORDERED THAT: the City of Fitchburg hereby approves the expenditure of additional funds from the Massachusetts Executive Office of Public Safety and Security grant in the approximate amount of $108,041.90 (ONE HUNDRED EIGHT THOUSAND, FORTY-ONE AND 90/100 DOLLARS) for the purpose of said grant, which is to purchase body worn cameras and accompanying hardware. (Refer to Finance Committee) 279-22. ORDER THAT: pursuant to Massachusetts General Laws Chapter 269 of the Acts of 2022, City Council hereby approves the granting of a 5% cost of living adjustment, as voted by the Fitchburg Contributory Retirement Board during a meeting held on November 22, 2022. (Refer to Finance Committee) -----------------------------------------------------------------------------------------------------------------------  VII. LOAN ORDER – Roll Call Vote 271-22. ORDER THAT: ONE HUNDRED FORTY THOUSAND AND NO/100 DOLLARS ($140,000) is appropriated to pay costs of the City’s compliance with the proposed Lead and Copper Rule revisions, including costs of creating a water service inventory for the City’s water system, reviewing and updating the current lead and copper sampling plan, developing a lead service line replacement plan, and all costs incidental and related thereto; that to meet this appropriation the Treasurer with the approval of the Mayor is authorized to borrow said amount and to issue bonds and notes under G.L. c.44, §7(7), G.L. c.29C, and/or any other enabling authority; that the Treasurer with the approval of the Mayor is authorized to borrow all or a portion of such amount from the Massachusetts Clean Water Trust established pursuant to G.L. c.29C, and in connection therewith to enter into a financing agreement and/or a security agreement with the Trust and otherwise to contract with the Trust and the Department of Environmental Protection with respect to such loan, and for any federal or state aid available for the projects or for the financing thereof; that the Mayor is authorized to enter into a project regulatory agreement with the Department of Environmental Protection, to expend all funds available for the projects and to take any other action necessary to carry out the projects; and that the Treasurer is authorized to file an application with the Municipal Finance Oversight Board to qualify under Chapter 44A of the General Laws any or all of the bonds authorized by this order and to provide such information and execute such documents as the Municipal Finance Oversight Board may require for these purposes. (First Reading) Loan Order 271-22 was sent to a first and second reading, adopted, and ordered advertised by roll call vote of 10 in favor and 0 opposed. 10 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- VIII. ORDINANCES 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. (Reference Petition #16-22) Updated Amendments (First Reading) Ordinance 190-22 was sent to a first and second reading and ordered advertised by roll call vote of 10 in favor and 0 opposed. 10 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- 276-22. AN ORDINANCE: To Amend §169-25 of the City Code entitled “Parking Prohibited Certain Hours” Under the line item pertaining to Pleasant Street, strike the hours of “8:00 a.m. to 6:00 p.m./Monday through Friday” and insert in its place “7:00 a.m. to 5:00 p.m./Monday through Friday” under the “Hours/Day” column. The resulting amendment shall read as follows:  Name of Street Side Hours/Days Location Pleasant Street North 7:00 a.m. to 5:00 p.m./Monday From Davis Street through Friday to Spring Street (Final Reading) Ordinance 276-22 was sent to final reading, adopted and enrolled to be ordained and advertised by roll call vote of 10 in favor and 0 opposed. 10 members present. Board consists of 11 members. Ordinance signed by the Mayor December 9, 2022. ----------------------------------------------------------------------------------------------------------------------- IX. PETITIONS The following petitions was referred to respective committees by unanimous consent 10/0. 10 members present. Board consists of 11 members. 280-22. City Councilor Bernie Schultz to request the paving of a small stretch of sidewalk on Charles Street from the corner of Forest Street. (This sidewalk exists to the side of 44 Forest Street.) Paving the sidewalk would allow a nearby resident to remove the snow from the sidewalk in the winter with a snowblower. (A photo of this location is attached.) (Refer to Public Works) 281-22. Marisa Fleming on behalf of Ronald Varney of 45 Clinton St. to repair the damaged sidewalk in front of his home caused from the uprooted tree. (Refer to Public Works) 282-22. We humbly request that the City Council of Fitchburg consider our petition to honor the late Henry F. McKenna of 97 Pleasant St., Fitchburg, by naming the intersection of Spring, Pleasant, Blossom, and Jay Streets Henry McKenna Square, in order to honor a faithful son of Fitchburg and is contributions to our community through both his decorated valor in key battles of WWII and through his addictions counseling work and co-founding of local meetings of Alcoholics Anonymous. (Refer to City Property) ----------------------------------------------------------------------------------------------------------------------- X. ANNOUNCEMENTS Councilor Schultz submitted: Ward 1 City Councilor Bernie Schultz is hosting a Ward 1 Community Meeting on Monday, December 12, 2022 at 6:30 p.m. in the Legislative Building. Chief Procurement Officer Mary Delaney and Director of Public Health Steve Curry will make presentations, and then answer questions following their presentations. Councilor Schultz submitted: The next meeting of the Widowed Helping Widowed Support Group will take place on Thursday, December 15, 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 Cragin Submitted: The Christmas Carol Radio Play, at the Highland Baptist Church, Friday, December 9th, at 7:30 PM or Saturday, December 10th, at 2:00 and 7:30 PM. Tickets are available through Strattonplayers@gmail.com or at the door. Kids 12 and under free. Councilor Cragin Submitted: Fire up the Elves, Sponsored by the Fitchburg Public Schools and The Fitchburg Fire Department to help brighten the holidays for our children in need by donating toys, clothes, money or gift cards for student in grades K-12. All items for this Toy Drive can be dropped off at the Fitchburg Fire Department between 9:00 AM – 7:00 PM through December 11th. ----------------------------------------------------------------------------------------------------------------------- XI. OTHER BUSINESS  Review and discussion of petition guide Citizen's Guide to Municipal Petitions  Review and discussion of FY 2023 City Council Meeting Calendar Next Regular Meeting Tuesday, December 20, 2022 - 7:00 PM The meeting adjourned at 8:27 P.M. ___________________________________ Joanna Bilotta-Simeone, City Clerk