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City Council

Regular Meeting

Fitchburg, MA · June 6, 2023

AgendaMinutes

Minutes

FITCHBURG CITY CLERK Jun 21 2023 11:12 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 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 June 6, 2023. The meeting was called to order by President Zarrella at 7:03 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. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- I. PUBLIC FORUM Jessica Jacobson, Fitchburg resident, spoke in opposition of 183-23. Jacquelyn Wehtje, Fitchburg resident, spoke in opposition of 137-23. ----------------------------------------------------------------------------------------------------------------------- II. ANNOUNCEMENTS Councilor Schultz submitted: The next meeting of the Widowed Helping Widowed Support Group will take place on Thursday, June 15, 2023 from 4 until 5:30 p.m. in Room 203at the Fitchburg State University Recreation Center, 130 North Street. Kelley Lynn and Bernie Schultz will co-facilitate the meeting. The Fitchburg Historical Society wishes to announce and celebrate that our volunteer Dr. Joe Cronin received a Star Award from the Massachusetts History Alliance at its annual conference, which was held at Deven’s yesterday (June 5) for his longtime work researching the city's history. His research is both being added to the Historical Society records and being used to create new programs that are being presented by the Historical Society and Stratton Players. The Public is invited to attend the upcoming history program, Brothers in Blue, from the Battlefront to Main Street: A salute to Civil War veterans who served in the Fitchburg Police Department. The lives and battles of some of Fitchburg’s Civil War Veterans, told at their gravesites. Read by interpreters and actors. It will be presented for free at Forest Hill Cemetery on Tuesday, June 13 at 6:30 p.m. In case of inclement weather, the rain date is Wednesday, June 14 at 6:30 p.m. For more information, call the Fitchburg Historical Society at 978-345-1157. New Players Theatre Guild featuring Neil Simon’s Chapter Two on June 2, 3, 9 & 10th at 7:30 PM and June 4 & 11 at 2:00 visit NPTG.org. Stratton Players, “Brothers in Blue” Tuesday, June 13th (rain date: June 14) at 6:30 PM Forest Hill Cemetery, Mt. Elam Rd. entrance. Supported by: Fitchburg Cemetery Department, Fitchburg Police Department, Fitchburg Cultural Council and Leominster Culture Council. ----------------------------------------------------------------------------------------------------------------------- III. APPOINTMENTS COMMITTEE Appointments Committee Oral Report Meeting of June 6, 2023 New Appointment: City Auditor and Finance Director For the City of Fitchburg (Term to expire June 17, 2026) Jacquelyn Cronin 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 Regular Meeting of May 16, 2023 were correctly recorded. Report accepted and minutes adopted by unanimous consent 11/0. 11 members present. Board consist of 11 members. ----------------------------------------------------------------------------------------------------------------------- V. COMMUNICATIONS His Honor the Mayor 1. Appointment letter: Catherine Healey, as a member of the Fitchburg Cultural Council, term to expire June 1, 2026. 2. Appointment letter: Special Police Officer David R. Daigle 3. Re-Appointment letter: Susan Davis, as the Director of Human Resources, for a term to expire December 31, 2024. The Appointment was read and referred to the Appointments Committee by unanimous consent 11/0. 11 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- Promotion Letters 1. Promotion letter: Captain Christopher T. Garcia to the rank of Permanent Police Captain 2. Promotion letter: Sergeant Liana K. Teague to the of Permanent Police Sergeant Promotions were read and placed on file in the City Clerk’s Office. ----------------------------------------------------------------------------------------------------------------------- VI. REPORT OF COMMITTEES City Property Oral Report Meeting of May 25, 2023 102-23. ORDER THAT: WHEREAS, the City has issued a Request for Proposals regarding 260 Rollstone Street; WHEREAS, 260 Rollstone Street contains the vacant Laurel Street School building and the former site of the Rollstone Street School, now vacant land, conveyed by the Fitchburg School Department to the City of Fitchburg; WHEREAS, the second request for proposal was responded to by Seney, Inc.; WHEREAS, the proposal indicates Seney, Inc. will purchase the property for $1,000 and redevelop the property into 20 units of housing; Now WHEREFORE IT IS ORDERED and voted that the Honorable Mayor Stephen L. DiNatale is hereby authorized on behalf of the City of Fitchburg to execute and accept the response to the Request for Proposal and to sign any and all documents and to take any and all other acts necessary, convenient, and helpful to facilitate the transfer of the property to Seney, Inc. on terms consistent with or substantially similar to that of the response to the Request for Proposal. 260 Rollstone Street Council Package (Approved as amended) 103-23. ORDER THAT: WHEREAS, the City has issued Request for Proposals regarding 491 Main Street; WHEREAS, 491 Main Street is a long vacant commercial structure taken by the City through a tax taking; WHEREAS, the second request for proposal was responded to by Leslie Colon and partner Roberto Colon; WHEREAS, the proposal indicates they would purchase the property for $1,000 and redevelop the property as a restaurant, function room, and 2-3 residential units; Now WHEREFORE IT IS ORDERED and voted that the Honorable Mayor Stephen L. DiNatale is hereby authorized on behalf of the City of Fitchburg to execute and accept the response to the response to the Request for Proposal and to sign any and all documents and to take any and all other acts necessary, convenient and helpful to facilitate the transfer of the property to Leslie Colon, on terms consistent with or substantially similar to that of the response to the Request for Proposal. 491 Main Street Proposal (Approved) 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. (Postpone, after DPW meeting and its determinations) Report read and accepted. Orders 102-23 and 103-23 were adopted by unanimous consent 11/0. 11 members present. Board consists of 11 members. Orders signed by the Mayor June 8, 2023 ----------------------------------------------------------------------------------------------------------------------- Finance Committee Meeting of May 24, 2023 Finance Committee Minutes 130-23. ORDER THAT: the City of Fitchburg hereby rescinds the unissued balance of Loan Order #185-18 for replacement of water meters throughout the city and related projects in the amount of $300,000.00 (THREE HUNDRED THOUSAND AND NO/100 DOLLARS). (Be Adopted) 131-23. ORDER THAT: the City of Fitchburg hereby rescinds the unissued balance of Loan Order #229-15 for various projects at the East Wastewater Facility and related projects in the amount of $8,144,614.00 (EIGHT MILLION, ONE HUNDRED FORTY-FOUR THOUSAND, SIX HUNDRED FOURTEEN AND NO/100 DOLLARS). (Be Adopted) 132-23. ORDER THAT: the City of Fitchburg hereby rescinds the unissued balance of Loan Order #189-19 for construction of a new airport runway and related projects in the amount of $14,604,000.00 (FOURTEEN MILLION, SIX HUNDRED FOUR THOUSAND AND NO/100 DOLLARS). (Be Adopted) 133-23. ORDER THAT: the City of Fitchburg hereby rescinds the unissued balance of Loan Order #017-20 for repair/replacement of the roof and boilers at the South Street School and related projects in the amount of $3,105,666.00 (THREE MILLION, ONE HUNDRED FIVE THOUSAND, SIX HUNDRED SIXTY-SIX AND NO/100 DOLLARS). (Be Adopted) 134-23. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the Massachusetts Public Health Excellence grant in the approximate amount of $555,779.80 (FIVE HUNDRED FIFTY-FIVE THOUSAND, SEVEN HUNDRED SEVENTY-NINE AND 80/100 DOLLARS) for the purpose of said grant, which is expand on shared services between municipalities in the Montachusett Public Health Network (MPHN). (Be Adopted) 135-23. 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 FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000.00) for the purpose of said grant, which is to prevent and reduce misuse of substances of first use (alcohol, nicotine, cannabis) among youth. (Be Adopted) 136-23. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the United Way of North Central Massachusetts, DESE, After School and Out of School Time Program grant in the approximate amount of $31,500.00 (THIRTY- ONE THOUSAND, FIVE HUNDRED AND 00/100 DOLLARS) for the purpose of said grant, which is to support the city’s summer recreation program. (Be Adopted) 137-23. ORDER THAT: pursuant to M.G.L. Chapter 40, section 8L and the receipt of a FIVE THOUSAND AND NO/100 DOLLARS ($5,000.00) gift to the Fitchburg Agricultural Commission, the City of Fitchburg hereby establishes an Agricultural Preservation Fund and approves the expenditure of said funds. (Be Adopted) 138-23. ORDER THAT: there be and hereby is appropriated the sum of FIFTY-EIGHT THOUSAND, ONE HUNDRED FORTY-THREE AND 00/100 DOLLARS ($58,143.00) same to be charged against AVAILABLE FUNDS and credited to LIBRARY, PERSONAL SERVICES. (Be Adopted) Report read and accepted. Orders 130-23, through 138-23 were adopted by unanimous consent 11/0. 11 members present. Board consists of 11 members. Orders signed by the Mayor June 8, 2023 ----------------------------------------------------------------------------------------------------------------------- 139-23. ORDER THAT: there be and hereby is appropriated the sum of FIFTY-NINE THOUSAND, NINE HUNDRED THIRTY AND 00/100 DOLLARS ($59,930.00) same to be charged against AVAILABLE FUNDS and credited to the following accounts: CITY AUDITOR, PERSONAL SERVICES $ 2,036.00 PURCHASING, PERSONAL SERVICES $ 4,020.00 ASSESSORS, PERSONAL SERVICES $ 2,454.00 TREASURER, PERSONAL SERVICES $ 6,049.00 INFORMATION TECH., PERS. SERVICES $ 7,811.00 CITY CLERK, PERSONAL SERVICES $ 2,193.00 COMM. DEV., PERSONAL SERVICES $ 8,333.00 POLICE, PERSONAL SERVICES $ 3,602.00 PUBLIC WORKS, PERSONAL SERVICES $14,068.00 CEMETERY, PERSONAL SERVICES $ 2,715.00 VETERANS, PERSONAL SERVICES $ 2,297.00 RECREATION, PERSONAL SERVICES $ 2,552.00 EMPLOYEE BENEFITS, OTHER BENEFITS $ 1,800.00 (Be Adopted) 140-23. ORDER THAT: there be and hereby is appropriated the sum of THIRTEEN THOUSAND, SIX HUNDRED ELEVEN AND 00/100 DOLLARS ($13,611.00) same to be charged against WATER ENTREPRISE FUND, RETAINED EARNINGS and credited to WATER PERSONAL SERVICES. (Be Adopted) 141-23. ORDER THAT: there be and hereby is appropriated the sum of TWELVE THOUSAND, SEVEN HUNDRED NINETY-THREE AND 00/100 DOLLARS ($12,793.00) same to be charged against WASTEWATER ENTREPRISE FUND, RETAINED EARNINGS and credited WASTEWATER PERSONAL SERVICES. (Be Adopted) 142-23. ORDER THAT: there be and hereby is transferred from within the AIRPORT, PERSONAL SERVICES accounts the sum of TWO THOUSAND, TWO HUNDRED FIFTY-FOUR AND 00/100 DOLLARS ($2,254.00). (Be Adopted) Councilor Van Hazinga recused himself at 7:27 P.M. Report read and accepted. Orders 139-23, through 142-23 were adopted by unanimous consent 10/0. 10 members present. Board consists of 11 members. Councilor Van Hazinga returned at 7:28 P.M. Orders signed by the Mayor June 8, 2023 ----------------------------------------------------------------------------------------------------------------------- 143-23. ORDER THAT: there be and hereby is appropriated the sum of SIXTY-EIGHT THOUSAND, SEVEN HUNDRED NINETY-THREE AND 00/100 DOLLARS ($68,793.00) same to be charged against AVAILABLE FUNDS and credited to the following accounts: MAYOR, PERSONAL SERVICES $ 4,072.00 CITY AUDITOR, PERSONAL SERVICES $ 7,100.00 PURCHASING, PERSONAL SERVICES $ 3,341.00 ASSESSORS, PERSONAL SERVICES $ 3,341.00 TREASURER, PERSONAL SERVICES $ 5,795.00 HUMAN RESOURCES, PERSONAL SERVICES $ 5,064.00 CITY CLERK, PERSONAL SERVICES $ 2,819.00 COMM. DEV., PERSONAL SERVICES $ 3,341.00 FACILITIES, PERSONAL SERVICES $ 3,080.00 POLICE, PERSONAL SERVICES $ 6,056.00 FIRE, PERSONAL SERVICES $ 6,839.00 BUILDING, PERSONAL SERVICES $ 3,446.00 PUBLIC WORKS, PERSONAL SERVICES $ 4,124.00 HEALTH, PERSONAL SERVICES $ 3,654.00 COUNCIL ON AGING, PERSONAL SERVICES $ 2,141.00 LIBRARY, PERSONAL SERVICES $ 3,080.00 EMPLOYEE BENEFITS, OTHER BENEFITS $ 1,500.00 (Be Adopted) 144-23. ORDER THAT: there be and hereby is appropriated the sum of THREE THOUSAND, SIX HUNDRED FIFTY-FOUR AND 00/100 DOLLARS ($3,654.00) same to be charged against WATER ENTREPRISE FUND, RETAINED EARNINGS and credited to WATER PERSONAL SERVICES. (Be Adopted) 145-23. ORDER THAT: there be and hereby is appropriated the sum of THREE THOUSAND, FOUR HUNDRED FORTY-SIX AND 00/100 DOLLARS ($3,446.00) same to be charged against WASTEWATER ENTREPRISE FUND, RETAINED EARNINGS and credited WASTEWATER PERSONAL SERVICES. (Be Adopted) 146-23. ORDER THAT: there be and hereby is transferred from within the AIRPORT, PERSONAL SERVICES accounts the sum of TWO THOUSAND, SIX HUNDRED TEN AND 00/100 DOLLARS ($2,610.00). (Be Adopted) Report read and accepted. Orders 143-23 through 146-23 were adopted by 8 in favor and 3 opposed (Councilor Cruz, Schultz and Van Hazinga). 11 members present. Board consists of 11 members. Orders signed by the Mayor June 8, 2023 ----------------------------------------------------------------------------------------------------------------------- Memorandum of Agreement between the City of Fitchburg and the Inspector’s SEIU 888 group. (Adopted and placed on file in the City Clerk’s Office) Memorandum of Agreement between the City of Fitchburg and the Service Employees International Union (SEIU) Local 888 / Wastewater Facilities. (Adopted and placed on file in the City Clerk’s Office) ----------------------------------------------------------------------------------------------------------------------- Public Works Committee Oral Report Meeting of May 30, 2023 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. (Approved) 125-23. Councilors Marcus DiNatale and Andrew Couture, on behalf of Clint Godin, to install a berm at 11 Stickney Road. (Approved) 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. (Held) 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. (Held) 162-23. Councilor Beauchemin, 102 St. Joseph Ave, replace asphalt from sidewalk to road. (Approved) 163-23. Councilor Beauchemin, 112 Columbus Street to fix/replace apron in front of sidewalk and remove broken concrete slabs. (Approved) 164-23. Councilor Beauchemin, across the street from 122 Leighton Street, remove existing wooden fence and replace with an eight foot fence to the already existing chain link fence. (Approved) 165-23. Councilor Beauchemin, 433 Westminster Hill Road, install asphalt berm going down Westminster Hill Road, to protect property from storm water runoff. (Approved as amended, 433 Westminster Hill Road – 435 Westminster Hill Road) 166-23. Councilor Fleming, on behalf of Roberta Lafluer at 119 Will Thompson Way to repair about 12 feet of berm damaged over the last several years. (Approved) 167-23. Councilors Marcus DiNatale and Bernie Schultz, on behalf of Molly Parisi, to install a new berm at 28 Drury Lane. (Approved) 168-23. Councilor Andrew Couture, on behalf of Timothy McNamara, to repair the berm and sidewalk at the corner of Roosevelt and Warner. (Approved) 169-23. Councilors Marcus DiNatale and Bernie Schultz, on behalf of James and Carrie Arciprete, to install a new berm at 8 Drury Lane. (Approved) 170-23. Councilor Andrew Couture, on behalf of Lily Suarez, to repair manhole cover and road on Crescent Heights. (Approved) 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. (Held) Report read and accepted by unanimous consent 11/0. 11 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- VII. ORDERS – FINANCE 171-23. ORDER THAT: there be and hereby is appropriated the sum of NINETEEN THOUSAND, SEVEN HUNDRED FIFTY-EIGHT AND 00/100 DOLLARS ($19,758.00) same to be charged against AVAILABLE FUNDS and credited to EMPLOYEE BENEFITS, CHAPTER 41 POLICE. 172-23. ORDER THAT: there be and hereby is transferred from within the sum of TWENTY-SIX THOUSAND, TWO HUNDRED 00/100 DOLLARS ($26,200.00) same to be transferred from ELECTION & REGISTRATION, PERSONAL SERVICES, ELECTION WORKERS and credited to the following accounts: CITY COUNCIL EXPENSES $11,200.00 CITY CLERK EXPENSES $ 2,000.00 ELECTION & REGISTRATION EXPENSES $13,000.00 173-23. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the Commonwealth of Massachusetts earmark in the approximate amount of $25,000.00 (TWENTY-FIVE THOUSAND AND 00/100 DOLLARS) for the purpose of said earmark, which is to support the renovation and expansion of the Fitchburg Police Department dispatch center. 174-23. ORDER THAT: there be and hereby is appropriated the sum of ONE HUNDRED TWENTY-FOUR THOUSAND, THREE HUNDRED NINETY-NINE AND 11/100 DOLLARS ($124,399.11) from RESERVE FOR APPROPRIATION, PEG ACCESS and credited to INFORMATION TECHNOLOGY, FRANCHISE FEE for the purpose of paying FATV for franchise fees received during the second quarter of 2023. 175-23. ORDER THAT: there be and hereby is transferred from within the sum of ONE HUNDRED THIRTY-FIVE THOUSAND AND 00/100 DOLLARS ($135,000.00) same to be transferred from PARKS PERSONAL SERVICES, DEPARTMENT HEAD ($85,000.00) and LABOR ($50,000.00) and credited to PARKS CAPITAL, DEPARTMENTAL EQUIPMENT ($120,000.00) and PARKS EXPENSES, GAS & OIL ($15,000.00). 176-23. ORDER THAT: there be and hereby is transferred from within the sum of TWO HUNDRED SEVENTY THOUSAND AND 00/100 DOLLARS ($270,000.00) same to be transferred from the following accounts: DPW ADMIN. P.S. INSPECTOR $ 40,000.00 DPW ADMIN. P.S. ASST. CITY ENG. $ 35,000.00 DPW ADMIN. P.S. CLERICAL $ 10,000.00 DPW STREETS P.S. LABOR $155,000.00 DPW STREETS P.S. SUMMER HELP $ 30,000.00 and credited to the following accounts: DPW CAPITAL, EQUIPMENT $170,000.00 DPW EXPENSES, GAS & OIL $ 35,000.00 DPW EXPENSES, MOTOR VEH. REP. $ 35,000.00 DPW EXPENSES, POT HOLE REPAIRS $ 30,000.00. 177-23. ORDER THAT: there be and hereby is appropriated the sum of FOUR THOUSAND, FORTY AND 70/100 DOLLARS ($4,040.70) same to be charged against RESERVED FOR APPROPRIATION, TNC PER RIDE ASSESSMENT and credited to DPW CAPITAL EXPENSES, STREET REPAIR for the purpose of road repaving. 178-23. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the Massachusetts Department of Environmental Protection Asset Management Grant Program in the approximate amount of $150,000.00 (ONE HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS) for the purpose of said grant, which is to begin the development of a GIS based asset management program for stormwater infrastructure. Waive the reading and refer the following orders 171-23 through 178-23 to the Finance Committee by unanimous consent 11/0. 11 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- VII. LOAN ORDERS-ROLL CALL VOTE 147-23. LOAN ORDER: the Loan Order 153-2022 ordered by this Council on June 21, 2022 which authorized a borrowing of $30,000,000 for various sewer separation projects is hereby amended in its entirety to read as follows: That the sum of Thirty Six Million Dollars ($36,000,000) be and hereby is appropriated to pay the cost of various sewer separation projects including, but not limited to, sewer separation project CSO 010, 032, 045 and 083 Separation/Rehabilitation, and ongoing repairs and rehabilitation of the sewer system infrastructure elsewhere in the City, including without limitation all costs incidental and related thereto and all costs thereof as defined in M.G.L. Chapter 29C, as amended; and to meet this appropriation, the City Treasurer, with the approval of the Mayor, is authorized to borrow said amount under and pursuant to M.G.L. Chapter 44, Section 7(1) or 8(14), or pursuant to any other enabling authority, and to issue bonds or notes of the City therefor; and that the City 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 Chapter 29C and in connection therewith to enter into a financing agreement and/or 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 project or for the financing thereof; and that the Mayor or other relevant City official is authorized to enter into a project regulatory agreement with the Department of Environmental Protection, to expend all funds available for the project and to take any other action necessary to carry out the project. The Treasurer is hereby authorized to file an application with the Municipal Finance Oversight Board to qualify under M.G.L. Chapter 44A 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) Loan Order 147-23, was sent to a third and final reading and adopted to be enrolled and ordained 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 June 8, 2023. ----------------------------------------------------------------------------------------------------------------------- IX.RESOLUTION 180-23. RESOLUTION: WHEREAS the maternal healthcare unit at Leominster Hospital serves hundreds of Fitchburg families per year, and; WHEREAS many Fitchburg households lack the transportation and income to safely and feasibly travel to Worcester or Concord to give birth, and; WHEREAS the proposed closure of this unit is the latest event in UMass Memorial’s decade-long pattern of stripping essential healthcare services out of North Central Massachusetts, including a mental health unit, a cardiopulmonary rehab unit, an urgent care unit, and an inpatient pediatric unit, and; WHEREAS UMass Memorial has benefited from its status as a nonprofit community healthcare provider, and such status carries attendant obligations and duties of care to the community; NOW THEREFORE BE IT RESOLVED that the City of Fitchburg condemns in the strongest terms the proposal to close the Leominster Hospital maternal healthcare unit, urges the Department of Public Health to disapprove the proposal, and urges UMass Memorial and its directors and trustees to recognize that their patients in the North Central region are people and not merely numbers to be plugged into utilization and profitability formulas. Resolution was adopted by roll call vote of 11 in favor and 0 opposed. 11 members present. Board consists of 11 members. Resolution signed by the Mayor June 8, 2023. ----------------------------------------------------------------------------------------------------------------------- X. ORDINANCES 158-23. AN ORDINANCE: To amend the General Ordinances of the City of Fitchburg, Chapter 44, Section 10, by striking the following: Under Positions Paid Annually Effective July 1, 2022 City Solicitor $103,525 Assistant City Solicitor $ 69,392 And by inserting in its place: Under Positions Paid Annually Effective July 1, 2023 City Solicitor $106,630 Assistant City Solicitor $ 71,443 (Final Reading) 159-23. AN ORDINANCE: Amending Chapter 44, Section 10 of the Code of the City of Fitchburg, as most recently amended, by adding thereto the following step assignments as outlined in the enclosed Ordinance. (Final Reading) 160-23. AN ORDINANCE: Amending Chapter 44, Section 10 of the Code of the City of Fitchburg, as most recently amended by adding thereto the enclosed pay scale. (Final Reading) Motion to hold Ordinance 158-23 through 160-23 fails by 3 in favor and 7 opposed (Councilor Beauchemin, Couture, Cragin, DiNatale, Fleming, Green, Squailia and President Zarrella). 10 members present (7:59 PM Cragin stepped out). Board consists of 11 members. Motion and second to pass Ordinances 158-23 through 160-23, was sent to a third and final reading to be enrolled and ordained and advertised by 7 in favor and 3 opposed (Councilor Cruz, Schultz, and Van Hazinga). 10 members present (7:59 PM Cragin stepped out). Board consists of 11 members. Ordinances signed by the Mayor June 8, 2023. ----------------------------------------------------------------------------------------------------------------------- XI. PETITIONS The following Petition was referred to City Property Committee: 181-23. After receiving surplus needs survey from the City Clerk, declare as excess the following property and designate it to the Side Yard Sales Program. 12 Park Street 18-93-0 This parcel is a city tax possession, acquired through foreclosure in Land Court. Because it is owned by the city, it is currently exempt from taxation and the city is responsible for any maintenance. Sale of the property through the Side Yard Sales Program will return the property to the tax rolls and shift the maintenance responsibility to the new owner. (Refer to City Property) ----------------------------------------------------------------------------------------------------------------------- The following Petitions were referred to Public Works Committee: 182-23. Councilor Beauchemin and Councilor Schultz on behalf of residents, on Kimball Street to remove overgrowing trees pushing on existing wall, causing the said wall to lean. (Refer to Public Works) 183-23. Councilor Sam Squailia, on behalf of NoWoCo Pride, to paint a rainbow crosswalk inside the existing White Ladder Painted crosswalks across Boulder Drive and Commercial St at Cushing Plaza, for the 5th Annual Pride Festival on July 22, 2023 being held at Riverfront Park. See attached image for reference. Painting can be either temporary chalk paint or permanent paint at the discretion of DPW/FPD. (Refer to Public Works) ----------------------------------------------------------------------------------------------------------------------- XI. OTHER BUSINESS Next Council as a Whole Meeting Thursday, June 8, 2023, at 6:00 PM Special Meeting City Council Thursday, June 8, 2023, following Council as a Whole Meeting Next Regular Meeting Tuesday, June 20, 2023 at 7:00 PM The meeting adjourned at 8:06 P.M. ___________________________________ Joanna Bilotta-Simeone, City Clerk

Agenda

FITCHBURG CITY CLERK Jun 01 2023 3:02 pm WELCOME TO THE FITCHBURG CITY COUNCIL June 6, 2023 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 city of residence. 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. ANNOUNCEMENTS III. APPOINTMENTS COMMITTEE Appointments Committee Oral Report Meeting of June 6, 2023 New Appointment: City Auditor and Finance Director For the City of Fitchburg (Term to expire June 17, 2026) Jacquelyn Cronin IV. REPORT OF COMMITTEE ON RECORDS V. COMMUNICATIONS His Honor the Mayor 1. Appointment letter: Catherine Healey, as a member of the Fitchburg Cultural Council, term to expire June 1, 2026. 2. Appointment letter: Special Police Officer David R. Daigle 3. Re-Appointment letter: Susan Davis, as the Director of Human Resources, for a term to expire December 31, 2024. Promotion Letters 1. Promotion letter: Captain Christopher T. Garcia to the rank of Permanent Police Captain 2. Promotion letter: Sergeant Liana K. Teague to the of Permanent Police Sergeant Page 1 VI. REPORT OF COMMITTEES City Property Oral Report Meeting of May 25, 2023 102-23. ORDER THAT: WHEREAS, the City has issued a Request for Proposals regarding 260 Rollstone Street; WHEREAS, 260 Rollstone Street contains the vacant Laurel Street School building and the former site of the Rollstone Street School, now vacant land, conveyed by the Fitchburg School Department to the City of Fitchburg; WHEREAS, the second request for proposal was responded to by Seney, Inc.; WHEREAS, the proposal indicates Seney, Inc. will purchase the property for $1,000 and redevelop the property into 20 units of housing; Now WHEREFORE IT IS ORDERED and voted that the Honorable Mayor Stephen L. DiNatale is hereby authorized on behalf of the City of Fitchburg to execute and accept the response to the Request for Proposal and to sign any and all documents and to take any and all other acts necessary, convenient, and helpful to facilitate the transfer of the property to Seney, Inc. on terms consistent with or substantially similar to that of the response to the Request for Proposal. 260 Rollstone Street Council Package (Approved as amended) 103-23. ORDER THAT: WHEREAS, the City has issued Request for Proposals regarding 491 Main Street; WHEREAS, 491 Main Street is a long vacant commercial structure taken by the City through a tax taking; WHEREAS, the second request for proposal was responded to by Leslie Colon and partner Roberto Colon; WHEREAS, the proposal indicates they would purchase the property for $1,000 and redevelop the property as a restaurant, function room, and 2-3 residential units; Now WHEREFORE IT IS ORDERED and voted that the Honorable Mayor Stephen L. DiNatale is hereby authorized on behalf of the City of Fitchburg to execute and accept the response to the response to the Request for Proposal and to sign any and all documents and to take any and all other acts necessary, convenient and helpful to facilitate the transfer of the property to Leslie Colon, on terms consistent with or substantially similar to that of the response to the Request for Proposal. 491 Main Street Proposal (Approved) Page 2 128-23. 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. (Postpone, after DPW meeting and its determinations) Finance Committee Meeting of May 24, 2023 Finance Committee Minutes 130-23. ORDER THAT: the City of Fitchburg hereby rescinds the unissued balance of Loan Order #185-18 for replacement of water meters throughout the city and related projects in the amount of $300,000.00 (THREE HUNDRED THOUSAND AND NO/100 DOLLARS). (Be Adopted) 131-23. ORDER THAT: the City of Fitchburg hereby rescinds the unissued balance of Loan Order #229-15 for various projects at the East Wastewater Facility and related projects in the amount of $8,144,614.00 (EIGHT MILLION, ONE HUNDRED FORTY-FOUR THOUSAND, SIX HUNDRED FOURTEEN AND NO/100 DOLLARS). (Be Adopted) 132-23. ORDER THAT: the City of Fitchburg hereby rescinds the unissued balance of Loan Order #189-19 for construction of a new airport runway and related projects in the amount of $14,604,000.00 (FOURTEEN MILLION, SIX HUNDRED FOUR THOUSAND AND NO/100 DOLLARS). (Be Adopted) 133-23. ORDER THAT: the City of Fitchburg hereby rescinds the unissued balance of Loan Order #017-20 for repair/replacement of the roof and boilers at the South Street School and related projects in the amount of $3,105,666.00 (THREE MILLION, ONE HUNDRED FIVE THOUSAND, SIX HUNDRED SIXTY-SIX AND NO/100 DOLLARS). (Be Adopted) Page 3 134-23. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the Massachusetts Public Health Excellence grant in the approximate amount of $555,779.80 (FIVE HUNDRED FIFTY-FIVE THOUSAND, SEVEN HUNDRED SEVENTY-NINE AND 80/100 DOLLARS) for the purpose of said grant, which is expand on shared services between municipalities in the Montachusett Public Health Network (MPHN). (Be Adopted) 135-23. 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 FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000.00) for the purpose of said grant, which is to prevent and reduce misuse of substances of first use (alcohol, nicotine, cannabis) among youth. (Be Adopted) 136-23. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the United Way of North Central Massachusetts, DESE, After School and Out of School Time Program grant in the approximate amount of $31,500.00 (THIRTY- ONE THOUSAND, FIVE HUNDRED AND 00/100 DOLLARS) for the purpose of said grant, which is to support the city’s summer recreation program. (Be Adopted) 137-23. ORDER THAT: pursuant to M.G.L. Chapter 40, section 8L and the receipt of a FIVE THOUSAND AND NO/100 DOLLARS ($5,000.00) gift to the Fitchburg Agricultural Commission, the City of Fitchburg hereby establishes an Agricultural Preservation Fund and approves the expenditure of said funds. (Be Adopted) 138-23. ORDER THAT: there be and hereby is appropriated the sum of FIFTY-EIGHT THOUSAND, ONE HUNDRED FORTY-THREE AND 00/100 DOLLARS ($58,143.00) same to be charged against AVAILABLE FUNDS and credited to LIBRARY, PERSONAL SERVICES. (Be Adopted) 139-23. ORDER THAT: there be and hereby is appropriated the sum of FIFTY-NINE THOUSAND, NINE HUNDRED THIRTY AND 00/100 DOLLARS ($59,930.00) same to be charged against AVAILABLE FUNDS and credited to the following accounts: CITY AUDITOR, PERSONAL SERVICES $ 2,036.00 PURCHASING, PERSONAL SERVICES $ 4,020.00 ASSESSORS, PERSONAL SERVICES $ 2,454.00 TREASURER, PERSONAL SERVICES $ 6,049.00 INFORMATION TECH., PERS. SERVICES $ 7,811.00 CITY CLERK, PERSONAL SERVICES $ 2,193.00 COMM. DEV., PERSONAL SERVICES $ 8,333.00 POLICE, PERSONAL SERVICES $ 3,602.00 PUBLIC WORKS, PERSONAL SERVICES $14,068.00 CEMETERY, PERSONAL SERVICES $ 2,715.00 VETERANS, PERSONAL SERVICES $ 2,297.00 RECREATION, PERSONAL SERVICES $ 2,552.00 Page 4 EMPLOYEE BENEFITS, OTHER BENEFITS $ 1,800.00 (Be Adopted) 140-23. ORDER THAT: there be and hereby is appropriated the sum of THIRTEEN THOUSAND, SIX HUNDRED ELEVEN AND 00/100 DOLLARS ($13,611.00) same to be charged against WATER ENTREPRISE FUND, RETAINED EARNINGS and credited to WATER PERSONAL SERVICES. (Be Adopted) 141-23. ORDER THAT: there be and hereby is appropriated the sum of TWELVE THOUSAND, SEVEN HUNDRED NINETY-THREE AND 00/100 DOLLARS ($12,793.00) same to be charged against WASTEWATER ENTREPRISE FUND, RETAINED EARNINGS and credited WASTEWATER PERSONAL SERVICES. (Be Adopted) 142-23. ORDER THAT: there be and hereby is transferred from within the AIRPORT, PERSONAL SERVICES accounts the sum of TWO THOUSAND, TWO HUNDRED FIFTY-FOUR AND 00/100 DOLLARS ($2,254.00). (Be Adopted) 143-23. ORDER THAT: there be and hereby is appropriated the sum of SIXTY-EIGHT THOUSAND, SEVEN HUNDRED NINETY-THREE AND 00/100 DOLLARS ($68,793.00) same to be charged against AVAILABLE FUNDS and credited to the following accounts: MAYOR, PERSONAL SERVICES $ 4,072.00 CITY AUDITOR, PERSONAL SERVICES $ 7,100.00 PURCHASING, PERSONAL SERVICES $ 3,341.00 ASSESSORS, PERSONAL SERVICES $ 3,341.00 TREASURER, PERSONAL SERVICES $ 5,795.00 HUMAN RESOURCES, PERSONAL SERVICES $ 5,064.00 CITY CLERK, PERSONAL SERVICES $ 2,819.00 COMM. DEV., PERSONAL SERVICES $ 3,341.00 FACILITIES, PERSONAL SERVICES $ 3,080.00 POLICE, PERSONAL SERVICES $ 6,056.00 FIRE, PERSONAL SERVICES $ 6,839.00 BUILDING, PERSONAL SERVICES $ 3,446.00 PUBLIC WORKS, PERSONAL SERVICES $ 4,124.00 HEALTH, PERSONAL SERVICES $ 3,654.00 COUNCIL ON AGING, PERSONAL SERVICES $ 2,141.00 LIBRARY, PERSONAL SERVICES $ 3,080.00 EMPLOYEE BENEFITS, OTHER BENEFITS $ 1,500.00 (Be Adopted) 144-23. ORDER THAT: there be and hereby is appropriated the sum of THREE THOUSAND, SIX HUNDRED FIFTY-FOUR AND 00/100 DOLLARS ($3,654.00) same to be charged against WATER ENTREPRISE FUND, RETAINED EARNINGS and credited to WATER PERSONAL SERVICES. (Be Adopted) Page 5 145-23. ORDER THAT: there be and hereby is appropriated the sum of THREE THOUSAND, FOUR HUNDRED FORTY-SIX AND 00/100 DOLLARS ($3,446.00) same to be charged against WASTEWATER ENTREPRISE FUND, RETAINED EARNINGS and credited WASTEWATER PERSONAL SERVICES. (Be Adopted) 146-23. ORDER THAT: there be and hereby is transferred from within the AIRPORT, PERSONAL SERVICES accounts the sum of TWO THOUSAND, SIX HUNDRED TEN AND 00/100 DOLLARS ($2,610.00). (Be Adopted) Memorandum of Agreement between the City of Fitchburg and the Inspector’s SEIU 888 group. (Adopted and placed on file in the City Clerk’s Office) Memorandum of Agreement between the City of Fitchburg and the Service Employees International Union (SEIU) Local 888 / Wastewater Facilities. (Adopted and placed on file in the City Clerk’s Office) Public Works Committee Oral Report Meeting of May 30, 2023 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. (Approved) 125-23. Councilors Marcus DiNatale and Andrew Couture, on behalf of Clint Godin, to install a berm at 11 Stickney Road. (Approved) 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. (Held) 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. Page 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. (Held) 162-23. Councilor Beauchemin, 102 St. Joseph Ave, replace asphalt from sidewalk to road. (Approved) 163-23. Councilor Beauchemin, 112 Columbus Street to fix/replace apron in front of sidewalk and remove broken concrete slabs. (Approved) 164-23. Councilor Beauchemin, across the street from 122 Leighton Street, remove existing wooden fence and replace with an eight foot fence to the already existing chain link fence. (Approved) 165-23. Councilor Beauchemin, 433 Westminster Hill Road, install asphalt berm going down Westminster Hill Road, to protect property from storm water runoff. (Approved as amended, 433 Westminster Hill Road – 435 Westminster Hill Road) 166-23. Councilor Fleming, on behalf of Roberta Lafluer at 119 Will Thompson Way to repair about 12 feet of berm damaged over the last several years. (Approved) 167-23. Councilors Marcus DiNatale and Bernie Schultz, on behalf of Molly Parisi, to install a new berm at 28 Drury Lane. (Approved) 168-23. Councilor Andrew Couture, on behalf of Timothy McNamara, to repair the berm and sidewalk at the corner of Roosevelt and Warner. (Approved) 169-23. Councilors Marcus DiNatale and Bernie Schultz, on behalf of James and Carrie Arciprete, to install a new berm at 8 Drury Lane. (Approved) 170-23. Councilor Andrew Couture, on behalf of Lily Suarez, to repair manhole cover and road on Crescent Heights. (Approved) 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. (Held) Page 7 VII. ORDERS – FINANCE 171-23. ORDER THAT: there be and hereby is appropriated the sum of NINETEEN THOUSAND, SEVEN HUNDRED FIFTY-EIGHT AND 00/100 DOLLARS ($19,758.00) same to be charged against AVAILABLE FUNDS and credited to EMPLOYEE BENEFITS, CHAPTER 41 POLICE. 172-23. ORDER THAT: there be and hereby is transferred from within the sum of TWENTY- SIX THOUSAND, TWO HUNDRED 00/100 DOLLARS ($26,200.00) same to be transferred from ELECTION & REGISTRATION, PERSONAL SERVICES, ELECTION WORKERS and credited to the following accounts: CITY COUNCIL EXPENSES $11,200.00 CITY CLERK EXPENSES $ 2,000.00 ELECTION & REGISTRATION EXPENSES $13,000.00 173-23. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the Commonwealth of Massachusetts earmark in the approximate amount of $25,000.00 (TWENTY-FIVE THOUSAND AND 00/100 DOLLARS) for the purpose of said earmark, which is to support the renovation and expansion of the Fitchburg Police Department dispatch center. 174-23. ORDER THAT: there be and hereby is appropriated the sum of ONE HUNDRED TWENTY-FOUR THOUSAND, THREE HUNDRED NINETY-NINE AND 11/100 DOLLARS ($124,399.11) from RESERVE FOR APPROPRIATION, PEG ACCESS and credited to INFORMATION TECHNOLOGY, FRANCHISE FEE for the purpose of paying FATV for franchise fees received during the second quarter of 2023. 175-23. ORDER THAT: there be and hereby is transferred from within the sum of ONE HUNDRED THIRTY-FIVE THOUSAND AND 00/100 DOLLARS ($135,000.00) same to be transferred from PARKS PERSONAL SERVICES, DEPARTMENT HEAD ($85,000.00) and LABOR ($50,000.00) and credited to PARKS CAPITAL, DEPARTMENTAL EQUIPMENT ($120,000.00) and PARKS EXPENSES, GAS & OIL ($15,000.00). 176-23. ORDER THAT: there be and hereby is transferred from within the sum of TWO HUNDRED SEVENTY THOUSAND AND 00/100 DOLLARS ($270,000.00) same to be transferred from the following accounts: DPW ADMIN. P.S. INSPECTOR $ 40,000.00 DPW ADMIN. P.S. ASST. CITY ENG. $ 35,000.00 DPW ADMIN. P.S. CLERICAL $ 10,000.00 DPW STREETS P.S. LABOR $155,000.00 DPW STREETS P.S. SUMMER HELP $ 30,000.00 and credited to the following accounts: DPW CAPITAL, EQUIPMENT $170,000.00 DPW EXPENSES, GAS & OIL $ 35,000.00 DPW EXPENSES, MOTOR VEH. REP. $ 35,000.00 DPW EXPENSES, POT HOLE REPAIRS $ 30,000.00. Page 8 177-23. ORDER THAT: there be and hereby is appropriated the sum of FOUR THOUSAND, FORTY AND 70/100 DOLLARS ($4,040.70) same to be charged against RESERVED FOR APPROPRIATION, TNC PER RIDE ASSESSMENT and credited to DPW CAPITAL EXPENSES, STREET REPAIR for the purpose of road repaving. 178-23. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the Massachusetts Department of Environmental Protection Asset Management Grant Program in the approximate amount of $150,000.00 (ONE HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS) for the purpose of said grant, which is to begin the development of a GIS based asset management program for stormwater infrastructure. VIII. LOAN ORDERS-ROLL CALL VOTE 147-23. LOAN ORDER: the Loan Order 153-2022 ordered by this Council on June 21, 2022 which authorized a borrowing of $30,000,000 for various sewer separation projects is hereby amended in its entirety to read as follows: That the sum of Thirty Six Million Dollars ($36,000,000) be and hereby is appropriated to pay the cost of various sewer separation projects including, but not limited to, sewer separation project CSO 010, 032, 045 and 083 Separation/Rehabilitation, and ongoing repairs and rehabilitation of the sewer system infrastructure elsewhere in the City, including without limitation all costs incidental and related thereto and all costs thereof as defined in M.G.L. Chapter 29C, as amended; and to meet this appropriation, the City Treasurer, with the approval of the Mayor, is authorized to borrow said amount under and pursuant to M.G.L. Chapter 44, Section 7(1) or 8(14), or pursuant to any other enabling authority, and to issue bonds or notes of the City therefor; and that the City 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 Chapter 29C and in connection therewith to enter into a financing agreement and/or 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 project or for the financing thereof; and that the Mayor or other relevant City official is authorized to enter into a project regulatory agreement with the Department of Environmental Protection, to expend all funds available for the project and to take any other action necessary to carry out the project. The Treasurer is hereby authorized to file an application with the Municipal Finance Oversight Board to qualify under M.G.L. Chapter 44A 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) Page 9 IX.RESOLUTION 180-23. RESOLUTION: WHEREAS the maternal healthcare unit at Leominster Hospital serves hundreds of Fitchburg families per year, and; WHEREAS many Fitchburg households lack the transportation and income to safely and feasibly travel to Worcester or Concord to give birth, and; WHEREAS the proposed closure of this unit is the latest event in UMass Memorial’s decade-long pattern of stripping essential healthcare services out of North Central Massachusetts, including a mental health unit, a cardiopulmonary rehab unit, an urgent care unit, and an inpatient pediatric unit, and; WHEREAS UMass Memorial has benefited from its status as a nonprofit community healthcare provider, and such status carries attendant obligations and duties of care to the community; NOW THEREFORE BE IT RESOLVED that the City of Fitchburg condemns in the strongest terms the proposal to close the Leominster Hospital maternal healthcare unit, urges the Department of Public Health to disapprove the proposal, and urges UMass Memorial and its directors and trustees to recognize that their patients in the North Central region are people and not merely numbers to be plugged into utilization and profitability formulas. X. ORDINANCES 158-23. AN ORDINANCE: To amend the General Ordinances of the City of Fitchburg, Chapter 44, Section 10, by striking the following: Under Positions Paid Annually Effective July 1, 2022 City Solicitor $103,525 Assistant City Solicitor $ 69,392 And by inserting in its place: Under Positions Paid Annually Effective July 1, 2023 City Solicitor $106,630 Assistant City Solicitor $ 71,443 (Final Reading) 159-23. AN ORDINANCE: Amending Chapter 44, Section 10 of the Code of the City of Fitchburg, as most recently amended, by adding thereto the following step assignments as outlined in the enclosed Ordinance. (Final Reading) 160-23. AN ORDINANCE: Amending Chapter 44, Section 10 of the Code of the City of Fitchburg, as most recently amended by adding thereto the enclosed pay scale. (Final Reading) Page 10 XI. PETITIONS 181-23. After receiving surplus needs survey from the City Clerk, declare as excess the following property and designate it to the Side Yard Sales Program. 12 Park Street 18-93-0 This parcel is a city tax possession, acquired through foreclosure in Land Court. Because it is owned by the city, it is currently exempt from taxation and the city is responsible for any maintenance. Sale of the property through the Side Yard Sales Program will return the property to the tax rolls and shift the maintenance responsibility to the new owner. (Refer to City Property) 182-23. Councilor Beauchemin and Councilor Schultz on behalf of residents, on Kimball Street to remove overgrowing trees pushing on existing wall, causing the said wall to lean. (Refer to Public Works) 183-23. Councilor Sam Squailia, on behalf of NoWoCo Pride, to paint a rainbow crosswalk inside the existing White Ladder Painted crosswalks across Boulder Drive and Commercial St at Cushing Plaza, for the 5th Annual Pride Festival on July 22, 2023 being held at Riverfront Park. See attached image for reference. Painting can be either temporary chalk paint or permanent paint at the discretion of DPW/FPD. (Refer to Public Works) XII. OTHER BUSINESS Next Regular Meeting Tuesday, June 20, 2023, at 7:00 PM Page 11

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