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City Council

Regular Meeting

Fitchburg, MA · July 5, 2023

AgendaMinutes

Minutes

FITCHBURG CITY CLERK Jul 19 2023 3:49 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 July 5, 2023. The meeting was called to order by President Zarrella at 7:01 P.M. The meeting opened with a salute to the Flag led by Councilor Green. The City Clerk called the roll 10 Councilors were present Councilor Beauchemin was absent. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- I. PUBLIC FORUM Jacquelyn Wehtje, Fitchburg resident, spoke in opposition of 188-23 and to refer 189-23 & 190-23 to committee for discussion. ----------------------------------------------------------------------------------------------------------------------- II. ANNOUNCEMENTS Councilor Schultz submitted: The next meeting of the Widowed Helping Widowed Support Group will take place on Thursday, July 13, 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. President Zarrella would like to a moment to recognize two Individuals who served the City: President Zarrella requested a moment of silence for Lorraine Rousseau who served the City as the City Clerk, for 28 years until her retirement in 2001. During her time, Lorraine served the city council members, and residents of Fitchburg with utmost dedication. She was a Justice of the Peace as well as the President of the BPW (Business and Professional Women's Club) in Fitchburg. Gary Withington for who retired after 28 years working in the Public Works Department, Superintendent of streets and tree warden. Gary’s ability to manager, scheduler and equipment overseer. His professionalism, dedication, commitment, courage, and attention to detail as one of his strongest attributes. The city owes him a great deal of gratitude, we wish him all the best in his long and enjoyable retirement. ----------------------------------------------------------------------------------------------------------------------- III. APPOINTMENTS COMMITTEE Appointments Committee Oral Report Meeting of July 5, 2023 New Appointment: Fitchburg Cultural Council (Term to expire July 1, 2026) Ellen Daoust New Appointment: Fitchburg Council on Aging (Term to expire July 1, 2026) Todd A. Goodwin Report accepted. Appointments confirmed by unanimous consent 10/0. 10 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 June 20, 2023 were correctly recorded. Report accepted and minutes adopted by unanimous consent 10/0. 10 members present. Board consist of 11 members. ----------------------------------------------------------------------------------------------------------------------- V. COMMUNICATIONS His Honor the Mayor 1. Permanent Full Time Firefighters For the City of Fitchburg Francis J. Leblanc Brendan V. Byrne 2. Poll workers for the period of September 1, 2023, through August 31, 2024. The Appointment was read and referred to the Appointments Committee by unanimous consent 10/0. 10 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- VI. REPORT OF COMMITTEES Public Safety Committee Oral Report Meeting of July 5, 2023 126-23. A & R Automotive Group to petition for a Class II Dealer’s License located at: 19 Dwight St. Fitchburg, MA 01420 Report read and accepted. Petition granted by unanimous consent 10/0. 10 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- VII. ORDERS – FINANCE 196-23. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the Massachusetts Executive Office of Energy and Environmental Affairs FY24 Greening the Gateway Cities Program Implementation Grant Award in the approximate amount of $88,650.00 (EIGHTY-EIGHT THOUSAND SIX HUNDRED FIFTY AND 00/100 DOLLARS) for the purpose of said grant, which is to achieve tree planting, promote stewardship and appreciation of Fitchburg’s trees for the environmental benefits and energy savings that a healthy tree canopy brings to the residents of the City. 197-23. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the Massachusetts Executive Office of Energy and Environmental Affairs FY24 Greening the Gateway Cities Program Partnership Grant Award in the approximate amount of $12,944.00 (TWELVE THOUSAND NINE HUNDRED FORTY-FOUR AND 00/100 DOLLARS) for the purpose of said grant, which is to assist DCR Urban and Community Forestry as they plant trees in target neighborhoods in Fitchburg to increase tree canopy cover for environmental and energy efficiency benefits. Orders 196-23 and 197-23 referred to the Finance Committee by unanimous consent 10/0. 10 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- VIII. ORDERS – OTHER Motion and second to pull orders 186-23 through 190-23 from the Finance Committee by unanimous consent 10/0. 10 members present. Board consists of 11 members. 186-23. ORDER THAT: there be and hereby is transferred from within the sum of TEN THOUSAND AND 00/100 DOLLARS ($10,000.00) same to be transferred from POLICE, PERSONAL SERVICES, PATROLMAN and credited to POLICE, PERSONAL SERVICES, OVERTIME. Order 186-23 adopted by unanimous consent 10/0. 10 members present. Board consists of 11 members. Order signed by the Mayor July 11, 2023 ----------------------------------------------------------------------------------------------------------------------- 187-23. ORDER THAT: there be and hereby is transferred from within the sum of FIFTY THOUSAND AND 00/100 DOLLARS ($50,000.00) same to be transferred from HEALTH, SANITARY LANDFILL EXPENSES, CONTRACTED SERVICES and credited to HEALTH, RUBBISH REMOVAL EXPENSES, CONTRACT FEES for the purpose of covering rubbish removal costs for the remainder of the fiscal year. Order 187-23 failed by 4 in favor 6 opposed (Couture, Cruz, DiNatale, Fleming, Green, Squailia). 10 members present. Board consists of 11 members. Order 187-23 held for a hearing with vendor for discussion passed by unanimous consent 10/0. 10 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- 188-23. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the National Association of County and City Health Officials (NACCHO) grant in the approximate amount of $25,000.00 (TWENTY-FIVE THOUSAND AND 00/100 DOLLARS) for the purpose of said grant, which is to address issues of vaccine equity. Order 188-23 adopted by 7 in favor and 3 opposed (Couture, DiNatale, Fleming). 10 members present. Board consists of 11 members. Order signed by the Mayor July 11, 2023 ----------------------------------------------------------------------------------------------------------------------- 189-23. ORDER THAT: there be and hereby is appropriated the sum of ONE HUNDRED FORTY THOUSAND AND 00/100 DOLLARS ($140,000.00) from RESERVE FOR APPROPRIATION, OPIOID SETTLEMENT and credited to the following HEALTH, OPIOID SETTLEMENT accounts: PERSONAL SERVICES, OUTREACH WORKER $80,000.00 PERSONAL SERVICES, COORDINATOR STIPEND $10,000.00 EXPENSES, CONTRACTED SERVICES $50,000.00 Point of Order was called at 7:51 PM, President Zarrella took no action on the Point of Order. Order 189-23 held waiting approval of House Bill 3545 by unanimous consent 10/0. 10 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- 190-23. ORDER THAT: there be and hereby is transferred from within the sum of TWENTY THOUSAND AND 00/100 DOLLARS ($20,000.00) same to be transferred from HEALTH, PERSONAL SERVICES, ASSISTANT TO DEPARTMENT HEAD and credited to HEALTH, EXPENSES, CONTRACTED SERVICES to cover the cost of a contracted outreach worker. Order 190-23 adopted by unanimous consent 10/0. 10 members present. Board consists of 11 members. Order signed by the Mayor July 11, 2023 ----------------------------------------------------------------------------------------------------------------------- IV. ORDINANCES 198-23. AN ORDINANCE: Article IV, §169-24 of the Fitchburg City Code entitled “Parking prohibited at all times” as most recently amended, shall be amended as follows: A new line shall be inserted directly below the line beginning “Holt Street” and the following words shall be inserted therein: The words “Industrial Road” shall be inserted under the “Name of Street” column; The words “Both” shall be inserted under the “Side” column; The words “Entire Length” shall be inserted under the “Location” column. A new line shall be inserted directly below the line beginning “Spruce Street” and the following words shall be inserted therein: The words “Stevens Road” shall be inserted under the “Name of Street” column; The words “Both” shall be inserted under the “Side” column; The words “Entire Length” shall be inserted under the “Location” column. A new line shall be inserted directly below the line beginning “Fulton Street” and the following words shall be inserted therein: The words “Game On Way” shall be inserted under the “Name of Street” column; The words “Both” shall be inserted under the “Side” column; The words “From the intersection of Industrial Road and Victoria Lane to the entrance of the Game On Facility Entrance” shall be inserted under the “Location” column. (First Reading) Ordinance 198-23 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. ----------------------------------------------------------------------------------------------------------------------- 199-23. AN ORDINANCE: Article VII, §169-99 of the Fitchburg City Code, entitled “Specific towing zones designated” as most recently amended, shall be amended as follows: A new line shall be inserted directly below the line beginning “Richardson Street” and the following words shall be inserted therein: The words “Roper Road” shall be inserted under the “Name of Street” column; The words “Both” shall be inserted under the “Side” column; The words “From Industrial Road to the Westminster Town Line” shall be inserted under the “Location” column. A new line shall be inserted directly below the line beginning “Scripture Road” and the following words shall be inserted therein: The words “Victoria Lane” shall be inserted under the “Name of Street” column; The words “Both” shall be inserted under the “Side” column; The words “Entire Length of Street During Game On Functions” shall be inserted under the “Location” column. (First Reading) Ordinance 199-23 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. ----------------------------------------------------------------------------------------------------------------------- 200-23. AN ORDINANCE: Article IV, §169-24 of the Fitchburg City Code entitled “Parking prohibited at all times” as most recently amended, shall be amended as follows: A new line shall be inserted directly below the line beginning “Chapel Street” and the following words shall be inserted therein: The words “Charles Street” shall be inserted under the “Name of Street” column; The words “Both” shall be inserted under the “Side” column; The words “From a point of 50 feet from all four corners of the intersection of Charles and Forest Streets” shall be inserted under the “Location” column. (First Reading) Ordinance 200-23 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. ----------------------------------------------------------------------------------------------------------------------- X. PETITIONS Motion to pull Petition 183-23 from the Public Works Committee by unanimous consent 10/0. 10 members present. Board consists of 11 members. 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. Point of Order called at 7:55, President Zarrella took no action on the point of order. Motion and second to withdraw petition 183-23 by unanimous consent 10/0. 10 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- The following Petitions were referred to a Public Hearing July 18, 2023: 201-23. Unitil, to petition for a new pole #22A on Beech St., approx. 260' North of Pratt Street and approx. 43' South of LaFlamme Pl., as outlined in the enclosed Petition. (Public Hearing July 18, 2023) 202-23. Unitil, to install conduit from existing pole #6, approximately 245.3' South along Old Princeton Rd., and approximately 155.6' West to the Flagg Pond Substation. This is for the purpose of installing a fiber optic service line as outlined in the enclosed Petition. (Public Hearing July 18, 2023) Motion and second to refer petition 201-23 & 202-23 to a Public Hearing on July 18, 2023 by unanimous consent 10/0. 10 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- The following Petition was referred to Public Safety Committee: 203-23. Remove the current no parking area on the east side of Snow St. (Snow Street East from Cherry Street to opposite Union Street) and replacing it with time limit parking (Two Hour Parking) to add ten new parking spots. (Refer to Public Safety) ----------------------------------------------------------------------------------------------------------------------- The following Petition was referred to Public Works Committee: 204-23. City Councilor Bernie Schultz, on behalf of Catherine Tucker of 308 Milk Street, to request a sidewalk repair in front of 308 Milk Street. (Refer to Public Works) ----------------------------------------------------------------------------------------------------------------------- XI. OTHER BUSINESS President Zarrella and Councilor Fleming reviewed recommendations from Commissioner Erickson, Director of Public Works, seeking opportunities to reduce the volume of petitions that are sent to Public Works Committee for basic repairs and submitting small request through SeeClickFix. This includes Berm repair, minor sidewalk repair, pothole repairs, street sweeping, streetlight outages or knockdowns, tree pruning, burs hutting, traffic signal issues, snow and ice issues etc. Next Regular Meeting Tuesday, July 18, 2023, at 7:00 PM The meeting adjourned at 8:19 P.M. ___________________________________ Joanna Bilotta-Simeone, City Clerk

Agenda

2:06 pm, Jun 30, 2023 WELCOME TO THE FITCHBURG CITY COUNCIL July 5, 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 July 5, 2023 New Appointment: Fitchburg Cultural Council (Term to expire July 1, 2026) Ellen Daoust New Appointment: Fitchburg Council on Aging (Term to expire July 1, 2026) Todd A. Goodwin IV. REPORT OF COMMITTEE ON RECORDS V. COMMUNICATIONS His Honor the Mayor 1. Permanent Full Time Firefighters For the City of Fitchburg Francis J. Leblanc Brendan V. Byrne 2. Poll workers for the period of September 1, 2023, through August 31, 2024. VI. REPORT OF COMMITTEES Public Safety Committee Oral Report Meeting of July 5, 2023 126-23. A & R Automotive Group to petition for a Class II Dealer’s License located at: 19 Dwight St. Fitchburg, MA 01420 Page 1 VII. ORDERS – FINANCE 196-23. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the Massachusetts Executive Office of Energy and Environmental Affairs FY24 Greening the Gateway Cities Program Implementation Grant Award in the approximate amount of $88,650.00 (EIGHTY-EIGHT THOUSAND SIX HUNDRED FIFTY AND 00/100 DOLLARS) for the purpose of said grant, which is to achieve tree planting, promote stewardship and appreciation of Fitchburg’s trees for the environmental benefits and energy savings that a healthy tree canopy brings to the residents of the City. 197-23. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the Massachusetts Executive Office of Energy and Environmental Affairs FY24 Greening the Gateway Cities Program Partnership Grant Award in the approximate amount of $12,944.00 (TWELVE THOUSAND NINE HUNDRED FORTY-FOUR AND 00/100 DOLLARS) for the purpose of said grant, which is to assist DCR Urban and Community Forestry as they plant trees in target neighborhoods in Fitchburg to increase tree canopy cover for environmental and energy efficiency benefits. VIII. ORDERS – OTHER 186-23. ORDER THAT: there be and hereby is transferred from within the sum of TEN THOUSAND AND 00/100 DOLLARS ($10,000.00) same to be transferred from POLICE, PERSONAL SERVICES, PATROLMAN and credited to POLICE, PERSONAL SERVICES, OVERTIME. (Suspension of Rules) 187-23. ORDER THAT: there be and hereby is transferred from within the sum of FIFTY THOUSAND AND 00/100 DOLLARS ($50,000.00) same to be transferred from HEALTH, SANITARY LANDFILL EXPENSES, CONTRACTED SERVICES and credited to HEALTH, RUBBISH REMOVAL EXPENSES, CONTRACT FEES for the purpose of covering rubbish removal costs for the remainder of the fiscal year. (Suspension of Rules) 188-23. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the National Association of County and City Health Officials (NACCHO) grant in the approximate amount of $25,000.00 (TWENTY-FIVE THOUSAND AND 00/100 DOLLARS) for the purpose of said grant, which is to address issues of vaccine equity. 189-23. ORDER THAT: there be and hereby is appropriated the sum of ONE HUNDRED FORTY THOUSAND AND 00/100 DOLLARS ($140,000.00) from RESERVE FOR APPROPRIATION, OPIOID SETTLEMENT and credited to the following HEALTH, OPIOID SETTLEMENT accounts: PERSONAL SERVICES, OUTREACH WORKER $80,000.00 PERSONAL SERVICES, COORDINATOR STIPEND $10,000.00 EXPENSES, CONTRACTED SERVICES $50,000.00 (Suspension of Rules) Page 2 190-23. ORDER THAT: there be and hereby is transferred from within the sum of TWENTY THOUSAND AND 00/100 DOLLARS ($20,000.00) same to be transferred from HEALTH, PERSONAL SERVICES, ASSISTANT TO DEPARTMENT HEAD and credited to HEALTH, EXPENSES, CONTRACTED SERVICES to cover the cost of a contracted outreach worker. (Suspension of Rules) IV. ORDINANCES 198-23. AN ORDINANCE: Article IV, §169-24 of the Fitchburg City Code entitled “Parking prohibited at all times” as most recently amended, shall be amended as follows: A new line shall be inserted directly below the line beginning “Holt Street” and the following words shall be inserted therein: The words “Industrial Road” shall be inserted under the “Name of Street” column; The words “Both” shall be inserted under the “Side” column; The words “Entire Length” shall be inserted under the “Location” column. A new line shall be inserted directly below the line beginning “Spruce Street” and the following words shall be inserted therein: The words “Stevens Road” shall be inserted under the “Name of Street” column; The words “Both” shall be inserted under the “Side” column; The words “Entire Length” shall be inserted under the “Location” column. A new line shall be inserted directly below the line beginning “Fulton Street” and the following words shall be inserted therein: The words “Game On Way” shall be inserted under the “Name of Street” column; The words “Both” shall be inserted under the “Side” column; The words “From the intersection of Industrial Road and Victoria Lane to the entrance of the Game On Facility Entrance” shall be inserted under the “Location” column. (First Reading) 199-23. AN ORDINANCE: Article VII, §169-99 of the Fitchburg City Code, entitled “Specific towing zones designated” as most recently amended, shall be amended as follows: A new line shall be inserted directly below the line beginning “Richardson Street” and the following words shall be inserted therein: The words “Roper Road” shall be inserted under the “Name of Street” column; Page 3 The words “Both” shall be inserted under the “Side” column; The words “From Industrial Road to the Westminster Town Line” shall be inserted under the “Location” column. A new line shall be inserted directly below the line beginning “Scripture Road” and the following words shall be inserted therein: The words “Victoria Lane” shall be inserted under the “Name of Street” column; The words “Both” shall be inserted under the “Side” column; The words “Entire Length of Street During Game On Functions” shall be inserted under the “Location” column. (First Reading) 200-23. AN ORDINANCE: Article IV, §169-24 of the Fitchburg City Code entitled “Parking prohibited at all times” as most recently amended, shall be amended as follows: A new line shall be inserted directly below the line beginning “Chapel Street” and the following words shall be inserted therein: The words “Charles Street” shall be inserted under the “Name of Street” column; The words “Both” shall be inserted under the “Side” column; The words “From a point of 50 feet from all four corners of the intersection of Charles and Forest Streets” shall be inserted under the “Location” column. (First Reading) X. PETITIONS 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. (Suspension of Rules) 201-23. Unitil, to petition for a new pole #22A on Beech St., approx. 260' North of Pratt Street and approx. 43' South of LaFlamme Pl., as outlined in the enclosed Petition. (Public Hearing July 18, 2023) 202-23. Unitil, to install conduit from existing pole #6, approximately 245.3' South along Old Princeton Rd., and approximately 155.6' West to the Flagg Pond Substation. This is for the purpose of installing a fiber optic service line as outlined in the enclosed Petition. (Public Hearing July 18, 2023) Page 4 203-23. Remove the current no parking area on the east side of Snow St. (Snow Street East from Cherry Street to opposite Union Street) and replacing it with time limit parking (Two Hour Parking) to add ten new parking spots. (Refer to Public Safety) 204-23. City Councilor Bernie Schultz, on behalf of Catherine Tucker of 308 Milk Street, to request a sidewalk repair in front of 308 Milk Street. (Refer to Public Works) XI. OTHER BUSINESS Next Regular Meeting Tuesday, July 18, 2023, at 7:00 PM Page 5

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