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City Council

Regular Meeting

Fitchburg, MA · December 20, 2022

AgendaMinutes

Minutes

FITCHBURG CITY CLERK Jan 04 2023 12:14 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 20, 2022. The meeting was called to order by President Anthony Zarrella at 7:08 P.M. The meeting opened with a salute to the Flag led by President Zarrella. The City Clerk called the roll and 11 Councilors were present, (via Zoom Cruz). ----------------------------------------------------------------------------------------------------------------------- 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. Mr. Donnelly, 883 Mount Elam Road, spoke on refereced petition 271-22 and the protection of wetlands. ----------------------------------------------------------------------------------------------------------------------- II. REPORT OF THE APPOINTMENTS COMMITTEE Appointments Committee Oral Report Meeting of December 20, 2022 Re-Appointment: Planning Board (Term to expire December 31, 2025) Alyne Butland Report read and accepted. Appointments confirmed by unanimous consent. 11 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- III. REPORT OF COMMITTEE ON RECORDS The Committee on records reported the minutes were correctly recorded. Report accepted and minutes adopted. ----------------------------------------------------------------------------------------------------------------------- IV. COMMUNICATIONS His Honor the Mayor 1. Re-Appointment letter: Linda E. Byrne, as member of the Fitchburg Housing Authority, term to expire December 1, 2027. 2. Re-Appointment letter: Joseph Byrne, as a member of the Zoning Board of Appeals, term to expire January 1, 2027. 3. Appointment letter: Maribel Cruz, as a member of the Fitchburg Redevelopment Authority, term to expire July 1, 2026. 4. Appointment letter: Colby O’Brien, as a member of the Board of Park Commissioners, term to expire January 1, 2028. 5. Appointment letter: Jennifer Brennan, as the Executive Director of the Council on Aging, term to expire August 24, 2025. 6. Appointment letter: Elizabeth Murphy, as the Executive Director of Community Development and Planning, term to expire December 12, 2025. The Appointments was read and referred to the Appointments Committee by unanimous consent 11/0. ----------------------------------------------------------------------------------------------------------------------- V. REPORTS OF COMMITTEES Finance Committee Meeting of December 14, 2022 The Finance Committee recommended the following Orders be adopted: 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. (Be Adopted) 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. (Be Adopted) Orders 278-22 & 279-22 were adopted by unanimous consent 11/0. 11 members present. Board consists of 11 members. Orders signed by the Mayor December 22, 2022. ----------------------------------------------------------------------------------------------------------------------- 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 final reading, adopted and enrolled to be ordained and advertised by roll call vote of 11 in favor and 0 opposed. 11 members present. Board consists of 11 members. Loan Order signed by the Mayor December 22, 2022. ----------------------------------------------------------------------------------------------------------------------- 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 (Final Reading) Ordinance 190-22 was sent to final reading, adopted and enrolled to be ordained and advertised by roll call vote of 11 in favor and 0 opposed. 11 members present. Board consists of 11 members. Ordinance signed by the Mayor December 22, 2022. ----------------------------------------------------------------------------------------------------------------------- IX. PETITIONS Petitions 283-22 & 285.22 were referred to respective committees by unanimous consent 11/0. 11 members present. Board consists of 11 members. 283-22. Union Auto Repair to petition for a Class II Dealer’s License located at: 232 River St. Fitchburg, MA 01420 (Refer to Public Safety) 284-22. Councilor Derrick Cruz to move the 0 Maverick Street Property from the RFP process to Side Yard Sales. (This petition is to formally discuss the most optimal approach for selling the property.) (Refer to City Property) Petition 284-22 was ruled out of order procedurally and stricken from the agenda, the following property has already been voted by City Council, whom voted and approved the RPF processes for 0 Maverick Street. 285-22. Councilor Marisa Fleming to place Jersey barriers at the intersection of Townsend St. and Marshall Rd. in to slow down cars taking left hand turn from Townsend St. into Marshall Rd. (Public Safety & Public Works) ----------------------------------------------------------------------------------------------------------------------- X. ANNOUNCEMENTS Councilor Schultz submitted: The next meeting of the Widowed Helping Widowed Support Group will take place on Thursday, December 29, 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 Schultz submitted: Ward 1 City Councilor Bernie Schultz is hosting a Ward 1 Community Meeting on Thursday, January 12, 2023 at 6:30 p.m. right here in the Legislative Building. City of Fitchburg Manager of Information Technology Trevor Bonilla and City Editor for the Sentinel & Enterprise Newspaper Jake Vitali will make presentations, and then answer questions following their presentations. ----------------------------------------------------------------------------------------------------------------------- XI. OTHER BUSINESS Special City Council Organizational Meeting Tuesday January 3, 2023, at 10:00 AM Next Regular Meeting Tuesday, January 3, 2023, at 7:00 PM The meeting adjourned at 7:35 P.M. ___________________________________ Joanna Bilotta-Simeone, City Clerk

Agenda

FITCHBURG CITY CLERK Dec 15 2022 1:10 pm WELCOME TO THE FITCHBURG CITY COUNCIL December 20, 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 December 20, 2022 Re-Appointment: Planning Board (Term to expire December 31, 2025) Alyne Butland III. REPORT OF COMMITTEE ON RECORDS IV. COMMUNICATIONS His Honor the Mayor 1. Re-Appointment letter: Linda E. Byrne, as member of the Fitchburg Housing Authority, term to expire December 1, 2027. 2. Re-Appointment letter: Joseph Byrne, as a member of the Zoning Board of Appeals, term to expire January 1, 2027. 3. Appointment letter: Maribel Cruz, as a member of the Fitchburg Redevelopment Authority, term to expire July 1, 2026. 4. Appointment letter: Colby O’Brien, as a member of the Board of Park Commissioners, term to expire 1, 2028. 5. Appointment letter: Jennifer Brennan, as the Executive Director of the Council on Aging, term to expire August 24, 2025. 6. Appointment letter: Elizabeth Murphy, as the Executive Director of Community Development and Planning, term to expire December 12, 2025. Page 1 V. REPORTS OF COMMITTEES Finance Committee Meeting of December 14, 2022 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. (Be Adopted) 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. (Be Adopted) VI. LOAN ORDER 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. (Final Reading) VII. ORDINANCE 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 (Final Reading) Page 2 VIII. PETITIONS 283-22. Union Auto Repair to petition for a Class II Dealer’s License located at: 232 River St. Fitchburg, MA 01420 (Refer to Public Safety) 284-22. Councilor Derrick Cruz to move the 0 Maverick Street Property from the RFP process to Side Yard Sales. (This petition is to formally discuss the most optimal approach for selling the property.) (Refer to City Property) 285-22. Councilor Marisa Fleming to place Jersey barriers at the intersection of Townsend St. and Marshall Rd. in to slow down cars taking left hand turn from Townsend St. into Marshall Rd. (Public Safety & Public Works) IX. ANNOUNCEMENTS X. OTHER BUSINESS Special City Council Organizational Meeting Tuesday January 3, 2023, at 10:00 AM Next Regular Meeting Tuesday, January 3, 2023, at 7:00 PM Page 3

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