City Council

FITCHBURG CITY CLERK May 22 2023 2:54 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 Ward 3 – Andrew J. Couture Amy Green Vice President 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 May 2, 2023. The meeting was called to order by President Zarrella at 7:05 P.M. The meeting opened with a salute to the Flag led by Councilor Beauchemin. The City Clerk called the roll and 11 Councilors were present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- I. PUBLIC FORUM President Zarrella noted for the record that we have received approximately 20 emails in opposition of 129-23, which will be place on file at the City Clerk’s Office. Jaquelyn Wehtje, Fitchburg, spoke in opposition of 129-23 George Small, Fitchburg, spoke in opposition of 129-23 Anthony Wilson, Fitchburg, spoke in opposition of 129-23 Sam Cole, Fitchburg, spoke in opposition of 129-23 Gabrielle Wright, Gardner, spoke in opposition of 129-23 ----------------------------------------------------------------------------------------------------------------------- II. ANNOUNCEMENTS Sue Christensen, Outreach & Prevention, Health Department: The Fitchburg Health Department will be holding a Community Narcan and Overdose Prevention Training on Wednesday, May 10 at the Senior Center, 14 Wallace Ave. Resource tables and a light supper will be available starting at 6:00pm and the training will begin at 6:45pm. Training will include how to recognize an Opioid Overdose and what to do if one occurs. You will learn when and how to use lifesaving narcan and narcan will be available to all who attend. There will also be new information about a new drug on the scene called Xylazine. This is free, open to the public and no preregistration is required. Call (978) 829-1854 for more information. Councilor Bernie Schultz is hosting a Ward 1 Community Meeting on Monday, May 8, 2023 at 6:30 p.m. right here in the Fitchburg Legislative Building, 700 Main Street. Mayor Stephen DiNatale and Deputy Commissioner of the Water Supply John Deline will make presentations, and then answer questions following their presentations. This meeting on May 8 will be the last Ward 1 meeting until September. Like last year, there are no Ward 1 meetings scheduled during the summer months (June, July, and August). Councilor Bernie Schultz: The next meeting of the Widowed Helping Widowed Support Group will take place on Thursday, May 4, 2023 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. Susan Navarre, Executive Director, Fitchburg Historical Society: On Monday, May 15 at 4:00 p.m. We will celebrate the Life of Oskar Tokoi who was Born 150 years ago on May 15th – he was the first Prime Minister of Free Finland, he was also a Fitchburg resident who worked for the local Finnish language newspaper, the Raivaaja. There will be Refreshments and cake, and a short talk about Tokoi's life by Roy Helander. On Tuesday, May 16 at 6:30 p.m. There will be a talk on community policing and Fitchburg in the early years of the 21st century by retired Chief of Police Ed Cronin, who is also the author of the new book, Just Policing. His co-author, educator Dayna Kendall will also speak. On Saturday, May 20, from 11 a.m. to 12:30 p.m., there will be a walking tour of the architecture and monuments of the Upper Common and Monument Park, led by Keith Chenot of the Fitchburg Historical Commission and Susan Navarre of the Fitchburg Historical Society. This is a Freedom's Way Hidden Treasures event, as part of Hidden Treasures month, as is the Monday event celebrating Oskar Tokoi. Finally, there is currently an exhibition of Post-World War II photography on view at the Historical Society, which is supported by a grant from the Fitchburg Cultural Council. It is open during our regular hours Mondays through Wednesdays. For more information on any of these, the public is invited to call 978-345-1157. ----------------------------------------------------------------------------------------------------------------------- III. APPOINTMENTS COMMITTEE Appointments Committee Withdrawal Oral Report Meeting of May 2, 2023 Re-Appointment: Council on Aging For the City of Fitchburg (Term to expire November 1, 2025) Annie DeMartino - Withdrew Report accepted. Appointments confirmed by unanimous consent 11/0. 11 members present. Board consists of 11 members. -----------------------------------------------------------------------------------------------------------------------  IV. REPORT OF COMMITTEE ON RECORDS The Committee on records reported the minutes of the Council as a Whole Meeting of April 12, 2023 and the Regular Meeting of April 18, 2023 were correctly recorded. Report accepted and minutes adopted. ----------------------------------------------------------------------------------------------------------------------- V. ANNUAL REPORT 109-23. ANNUAL REPORT: Independent Auditor’s report for the year ended June 30, 2022. (See Full Document that is posted on the City’s website) Reading waived. Report placed on file in the City Clerk’s Office by unanimous consent 11/0. 11 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- VI. REPORT OF COMMITTEES Council as a Whole Committee Oral Report Meeting of April 26, 2023 085-23. Councilor Marcus DiNatale, on behalf of multiple residents, to end the use of fluoride in Fitchburg’s public water treatment. (Given Leave to Withdraw) Motion and second to amended from Leave to Withdraw to Deny by 6 in favor and 5 opposed (DiNatale, Green, Couture, Schultz and Fleming). 11 members present. Board consists of 11 members. Report as amended accepted by 6 in favor and 5 opposed (DiNatale, Green, Couture, Schultz and Fleming). 11 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- Finance Committee Meeting of April 26, 2023 Finance Committee Meeting Minutes 100-23. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the Best Value grant in the approximate amount of $135,000.00 (ONE HUNDRED THIRTY-FIVE THOUSAND AND 00/100 DOLLARS) for the purpose of said grant, which is to continue providing staffing for various vaccine clinics and to continue providing outreach and collaborate with key stakeholders. (Be Adopted) 101-23. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the Federal Aviation Administration, Bi-partisan Infrastructure Law grant in the approximate amount of $256,491.00 (TWO HUNDRED FIFTY-SIX THOUSAND, FOUR HUNDRED NINETY-ONE AND 00/100 DOLLARS) for the  purpose of said grant, which is to perform an environmental assessment and wildlife hazard assessment on the airport property. (Be Adopted) Report read and accepted. Order 100-23 and 101-23 were adopted by 10 in favor and 1 opposed (DiNatale) 11/0. 11 members present. Board consists of 11 members. Orders signed by the Mayor May 4, 2023 ----------------------------------------------------------------------------------------------------------------------- Public Works Committee Oral Report Meeting of April 25, 2023 037-23. City Councilor Bernie Schultz and Anthony Velardi of 229 Rollstone Street to request continuation of sidewalk paving on Rollstone Street from the corner of Charles Street and Rollstone Street to Kimball Street. (Be Granted) 038-23. Councilor Andy Van Hazinga to repair approx. 6 feet of plow-damaged berm at 201 Scott Rd. (Be Granted) 084-23. Councilor Cruz and President Zarrella, on behalf of the residents of Eleanor Street, Tibbett Circle, Watts Way, and Brittany Lane, for sidewalk repairs and improvements to be made throughout the neighborhood. (Be Granted) 093-23. City Councilors Bernie Schultz and Amy Green, on behalf of Barry Watson petition for a sidewalk repair located at 24 Spruce St. (see enclosed photo) (Be Granted) 094-23. City Councilor Andrew Van Hazinga on behalf of 138 Mount Vernon Street, to repair the asphalt berm, which was extensively damaged by snow plows during the winter. (Be Granted) 095-23. City Councilor Andrew Van Hazinga on behalf of Jeff Jollimore, to petition for repairs to the asphalt berm at 131 Longwood Avenue along Caswell Street, which was damaged by snow plows during last winter. (Be Granted) 105-23. City Councilor Bernie Schultz and Gina Teixeira of 40 Nashua Street to request repair of sidewalk asphalt in front of 40 Nashua Street. (Be Granted) 106-23. Councilors Marcus DiNatale and Andrew Couture, on behalf of Leo and Debra Bousquet, to replace damaged berm at 580 Shea Street. (Be Granted) 089-20. Councilor Bernie Schultz and resident Alex Freeman to remove the “No Turn on Red” sign at the intersection of John T. Cetrino Memorial Drive and Water Street. (Given Leave to Withdraw) 093-22. Councilor Sam Squailia on behalf of resident Nick Hains, to add a 4-way controlled stop at the intersection of Victoria Lane, Industrial Drive and Game-On Way. During times of heavy traffic flow in or out of the Game-On facility, residents of Victoria Lane do not have the right of way to cross, and thus must wait for long periods while the traffic lines go through. If a 4-way stop sign is not feasible, an alternate solution shall be investigated by the City. (Be Held) 243-22. City Councilor Bernie Schultz and Judy Perla of 236 Walton Street to install a yield sign on Pole 1615 facing out on Munroe Street at the intersection of Fairbanks and Munroe Streets to improve traffic safety when motorists depart from South Street Elementary School. (Given Leave to Withdraw) 244-22. City Councilor Derrick Cruz on behalf of Tyrone and Sheila Tines, residents of Clyde Street. I request that the City of Fitchburg implement either “No Parking from Here to the Corner” or “No Parking Signs” at the corner of Hancock and Summer Street, an appropriate distance on both sides. As residents exiting Hancock Street cannot see past the row of cars parked there, it has become a public safety concern for them. (Given Leave to Withdraw) Waive reading, report accepted by unanimous consent 11/0. 11 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- VII. ORDERS – FINANCE The following Orders were referred to the Finance Committee: 110-23. ORDER THAT: there be and hereby is transferred from within the sum of EIGHTY-FIVE THOUSAND 00/100 DOLLARS ($85,000.00) same to be transferred from POLICE, PERSONAL SERVICES, PATROLMAN and credited to the following POLICE DEPARTMENT accounts: EQUIPMENT & REPAIR, AUTO REPAIR $35,000.00 EQUIPMENT & REPAIR, TRAINING $20,000.00 MAINT. OF BUILDING, REPAIR & CARE $15,000.00 MAINT. OF BUILDING, ELECTRICITY $15,000.00 111-23. ORDER THAT: there be and hereby is transferred from within the sum of SEVENTY-FIVE THOUSAND 00/100 DOLLARS ($75,000.00) same to be transferred from FIRE, PERSONAL SERVICES, FIREFIGHTERS and credited to FIRE, PERSONAL SERVICES, OVERTIME. 112-23. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the Commonwealth of Massachusetts, Massachusetts Cultural Council grant  in the approximate amount of $2,500.00 (TWO THOUSAND, FIVE HUNDRED AND 00/100 DOLLARS) for the purpose of said grant, which is to support Concerts in the Common during the summer months. 113-23 ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the National Fitness Campaign grant in the approximate amount of $50,000.00 (FIFTY THOUSAND AND 00/100 DOLLARS) for the purpose of said grant, which is to support the construction of the National Fitness Campaign Fitness Park and Outdoor Fitness Studio. 114-23. ORDER THAT: there be and hereby is transferred from within the sum of THREE HUNDRED THIRTY-FIVE THOUSAND AND 00/100 DOLLARS ($335,000.00) same to be transferred from RESERVE FOR OTHER MUNICIPAL PURPOSES, CAPITAL EXPENSES and credited to PUBLIC WORKS CAPITAL EXPENSE, EQUIPMENT for the purpose of acquiring a loader and a 1-ton pickup truck. 115-23. ORDER THAT: there be and hereby is transferred from within the sum of TWO HUNDRED THOUSAND AND 00/100 DOLLARS ($200,000.00) same to be transferred from RESERVE FOR OTHER MUNICIPAL PURPOSES, CAPITAL EXPENSES and credited to PARKS CAPITAL EXPENSE, PARK & PLAYGROUND IMPROVEMENTS for purpose of making improvements to the playgrounds. 116-23. ORDER THAT: there be and hereby is transferred the sum of TWO HUNDRED SEVENTY-FIVE THOUSAND AND 00/100 DOLLARS ($275,000.00) same to be charged against RESERVE FOR SNOW & ICE REMOVAL and credited to the following DEPARTMENT OF PUBLIC WORKS, SNOW & ICE accounts: OVERTIME $ 26,973.00 EQUIPMENT RENTAL $ 84,249.00 SALT $163,778.00. 117-23. ORDER THAT: there be and hereby is appropriated the sum of FIFTY-FOUR THOUSAND, SEVEN HUNDRED NINETY-ONE AND 00/100 DOLLARS ($54,791.00) same to be charged against AVAILABLE FUNDS and credited to the following DEPARTMENT OF PUBLIC WORKS, SNOW & ICE accounts: SALT $54,791.00. 118-23. ORDER THAT: there be and hereby is appropriated the sum of TEN THOUSAND AND 00/100 DOLLARS ($10,000.00) same to be charged against AVAILABLE FUNDS and credited to CITY AUDITOR, PERSONAL SERVICES, DEPUTY AUDITOR. 119-23. ORDER THAT: there be and hereby is appropriated the sum of ONE HUNDRED SEVENTY-FIVE THOUSAND AND 00/100 DOLLARS ($175,000.00) same to be charged against AVAILABLE FUNDS and credited to LAW OTHER EXPENSES, DAMAGES PERSONS & PROPERTY to settle two claims. 120-23. ORDER THAT: there be and hereby is appropriated the sum of THIRTY-FIVE THOUSAND AND 00/100 DOLLARS ($35,000.00) same to be charged against AVAILABLE FUNDS and credited to FACILTIES DEPARTMENT, EXPENSES. 121-23. ORDER THAT: there be and hereby is appropriated the sum of ONE HUNDRED TWENTY THOUSAND AND 00/100 DOLLARS ($120,000.00) same to be charged against AVAILABLE FUNDS and credited to the following AIRPORT EXPENSE accounts: AVIATION FUEL AND OIL $100,000.00 ELECTRICITY $ 20,000.00 Waive the reading and refer the following orders 110-23 through 121-23 to the Finance Committee by unanimous consent 11/0. 11 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- VIII. ORDINANCES 122-23. BE IT ORDAINED THAT: §147-10.1 entitled “Sewer use rates” shall be struck in its entirety and the following shall be inserted in its place as enclosed in the link. Waste Water Increase (First Reading) 123-23. BE IT ORDAINED THAT: §177-15 of the Fitchburg City Code shall be revised as reflected in the chart attached hereto. Specifically, §177-15 shall be revised as enclosed in the link. Revised Water Fee Increase (First Reading) Ordinance 122-23 and 123-23 were sent to a first and second reading by unanimous Consent 11/0. 11 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- X.PETITIONS The following Petitions were referred to Public Works Committee: 124-23. City Councilor Bernie Schultz and Shawn Tisdale of 476 Milk Street to repair fence next to the Tisdale home at 476 Milk Street. (Public Works) 125-23. Councilors Marcus DiNatale and Andrew Couture, on behalf of Clint Godin, to install a berm at 11 Stickney Road. (Public Works) ----------------------------------------------------------------------------------------------------------------------- The following Petition was referred to Public Safety Committee: 126-23. A & R Automotive Group to petition for a Class II Dealer’s License located at: 19 Dwight St. Fitchburg, MA 01420 (Public Safety) ----------------------------------------------------------------------------------------------------------------------- The following Petition was referred to Public Works Committee: 127-23. City Councilor Bernie Schultz and Police Sgt. Dan Boudreau request that the Department of Public Works and the School Department work collaboratively to ensure the widening of Munroe Street to accommodate increased vehicular traffic from South Street School. (Public Works) ----------------------------------------------------------------------------------------------------------------------- The following Petition was referred to Public Works, City Property and Planning Board Committee: 128-23. TO THE HONORABLE CITY COUNCIL OF THE CITY OF FITCHBURG: The undersigned Petitions your Honorable Body pursuant to Chapter 157 § 157-6 of the City Code to layout and accept as gift or donation, as a public way, a certain parcel of land known as Ethier Street Extension also known as Ethier Street. This parcel is more completely described on the attached Plan entitled “Street Acceptance Plan for Ethier Street” and the proposed deed. In support of the petition attached are, the Street Acceptance Plan, the Proposed Deed, the Agreements received from abutters regarding damages, and the list of people who have refused to sign the same pursuant City Code 157-6. In further support, please reference petition # 46-20. In final support, should this petition be granted an order will be prepared confirming the same. (Refer to Public Works, City Property and Planning Board) ----------------------------------------------------------------------------------------------------------------------- 129-23. City Councilor Sally Cragin on behalf of Cap Corduan, Dr. Joseph Cronin, Helen Donlan, Cheryl Hirst, Noel Plouffe, Hal Smith, Christopher T.C. Warner request to have the Rainbow Pride Flag flown in front of City Hall during the week of Pride beginning July 22, 2023. (City Council) President Zarrella informed the Council this would be a non-binding resolution referred to The Mayor’s office as a request. Motion and second to amended the date to begin July 16th, 2023 by unanimous consent 11/0. 11 members present. Board consists of 11 members. Motion and second as amended approved by a vote of 7 in favor and four opposed (Couture, DiNatale, Fleming, Green). 11 members present. Board consists of 11 members. Resolution signed by the Mayor May 4, 2023 -----------------------------------------------------------------------------------------------------------------------  X. OTHER BUSINESS Review of April 23, 2023 Open Meeting Law Complaint President Zarrella verified all councilors had reviewed the Open Meeting Law Complaint, and the Council agreed that President Zarrella will respond to the compliant. ----------------------------------------------------------------------------------------------------------------------- Next Regular Meeting Tuesday, May 16, 2023, at 7:00 PM The meeting adjourned at 7:44 P.M. ___________________________________ Joanna Bilotta-Simeone, City Clerk