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City Council

Regular Meeting

Fitchburg, MA · December 5, 2023

AgendaMinutes

Minutes

FITCHBURG CITY CLERK Dec 20 2023 2:07 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 December 5, 2023. The meeting was called to order by President Zarrella at 7:07 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 Cruz via Zoom, Councilor DiNatale was absent. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- I. PUBLIC FORUM Attorney Tree spoke in support of the reappointment of Michael McLaughlin to the Zoning Board of Appeals. ----------------------------------------------------------------------------------------------------------------------- II. ANNOUNCEMENTS Councilor Schultz: The next meeting of the Widowed Helping Widowed Support Group will take place on Thursday, December 14, 2023 from 4 until 5:30 p.m. in Room 205 at the Fitchburg State University Recreation Center, 130 North Street. Kelley Lynn and Bernie Schultz will co-facilitate the meeting. Ward 1 City Councilor Bernie Schultz is hosting a Ward 1 Community Meeting on Monday, December 11, 2023 at 5:00 p.m. right here in the Fitchburg Legislative Building, 700 Main Street. Superintendent of Schools Jon Thompson and School Human Resources Director Cari Fabale will make presentations, and then answer questions following their presentations. In addition to Fitchburg Ward 1 residents, all other Fitchburg residents are welcome to attend the meeting. Councilor Cragin: The City of Fitchburg seeks residents who would be willing to shop for a child in Fitchburg in need of clothing and other items. There is a Christmas tree in the front hall of City Hall, and anyone may stop by Parks and Rec and speak to director James Bunnell and take an ornament off the tree so they can shop for a youth, in grades 6 to 12. Unwrapped items may be brought to City Hall during business hours (8:30 to 4:30 pm). Wrapping paper is also welcome, as these items will be wrapped by volunteers the week of December 18. Please contact James Bunnell at 978-829-1815 for more information. Happy holidays to all! Snow is coming . . . and Ward 2 Councilor Paul Beauchemin and Councilor-at-large Sally Cragin are producing a pilot program for Ward 2. They are asking residents if they would be willing to host “snow stakes” on their property. These snow stakes are bamboo which have been painted with fluorescent orange paint The purpose of the snow stakes will be to alert plow drivers during storms where the corners are. We hope that this visibility will add up to fewer repairs of asphalt berms in the springtime, when winter has concluded. These berm repairs are costly and take up much DPW human-power time. We would like to see if consistent placement of snow stakes has an impact and we plan to evaluate the effect after the snow season is over. We would also like to urge all city residents to put out orange stakes at least 5 feet high (because of snow drifts). If you would like to request please Contact: Paul Beauchemin 978-345-7010 or Sally Cragin 978-320-1335 or reach out to them on the City email. Crisis in our shelters! All area pet shelters have more pets than space, and residents are informed that there are vouchers available to spay/neuter your cat or dog for FREE from Leominster Fitchburg Animal Control Officer. However, there is a 7 month waiting list. If you have a kitten and qualify for low-income, reach out now, so you can have your cat fixed when slots are available! Visit “Leominster/Fitchburg ACO” on Facebook or Call: Fitchburg 978-956-4082 Leominster 978-514-2381. Starting January 18, 2024 there will be a Ward 3 meeting every month on the third Thursday of the month, at the Legislative Building at 6:00 PM. ----------------------------------------------------------------------------------------------------------------------- III. REPORT OF THE APPOINTMENTS COMMITTEE Re-Appointment: Zoning Board of Appeals (Term to expire January 1, 2029) Michael McLaughlin New Appointment: Council on Aging (Term to expire November 1, 2026) Richard Doucette – Withdrew Application effective 10-12-2023 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 November 21, 2023 City Council meeting minutes were correctly recorded. Report accepted and minutes adopted by unanimous consent 10/0. 10 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- V. COMMUNICATIONS His Honor the Mayor 1. New Appointment letter: Mr. Dante W. Suarez, to the position of Chief Engineer/Fire Chief, effective immediately. Appointment referred to the Appointments Committee by unanimous consent 10/0. 10 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- VI. REPORT OF COMMITTEES Finance Committee Oral Report Meeting of November 29, 2023 259-23. ORDER THAT: the City of Fitchburg hereby approves the expenditure of grant Funds by the Board of Health, from the Community Foundation of North Central Massachusetts, in the amount of $10,000 (TEN THOUSAND DOLLARS) to support an overnight Winter Warming Shelter. (Be Adopted) 260-23. ORDER THAT: the City of Fitchburg hereby approves the transfer of $67,500 (SIXTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS) from POLICE PERSONAL SERVICES - Professional Standards Stipend, to be credited as follows: POLICE PERSONAL SERVICES - Dispatcher Overtime $40,000 POLICE EQUIPMENT & REPAIR - Training $20,000 POLICE EQUIPMENT & REPAIR - Contracted Services $7,500 (Be Adopted) 261-23. ORDER THAT: the City of Fitchburg hereby approves the expenditure of supplemental funds from the Commonwealth of Massachusetts Executive Office of Public Safety and Security State 911 Department Support and Incentive Grant in the approximate amount of $14,842 (FOURTEEN THOUSAND, EIGHT HUNDRED FORTY-TWO DOLLARS) for the purpose of purchasing a new recorder for the Police Department. (Be Adopted) 262-23. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds From the Department of Justice Office of Community Oriented Policing Services (COPS) Grant in the approximate amount of $114,816 for the purpose of advancing the practice of community policing through support of the Police Department accreditation program. (Be Adopted) 263-23. ORDER THAT: the City of Fitchburg hereby approves the expenditure of grant funds from the Commonwealth of Massachusetts Executive Office of Public Safety and Security Office of Grants and Research in the approximate amount of $30,470 (THIRTY THOUSAND FOUR HUNDRED SEVENTY DOLLARS) for a Municipal Road Safety Program to enhance traffic and pedestrian safety through high-visibility police patrols and occupant protection mobilizations. (Be Adopted) 264-23. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the Massachusetts DOT Aeronautics Grant for Environmental & Wildlife Hazard Assessments in the approximate amount of $10,956.75 (TEN THOUSAND NINE HUNDRED FIFTY-SIX AND 75/100 DOLLARS). This grant will complement the $256,491 previously awarded, and is in line with the Airport Master Plan and in conjunction with FAA requirements. (Be Adopted) 265-23. ORDER THAT: the City of Fitchburg hereby approves the expenditure of grant funds awarded by the Stanton Foundation in the amount of $33,501 (THIRTY- THREE THOUSAND FIVE HUNDRED ONE DOLLARS) for capital improvements and upgrades to the City of Fitchburg Dog Park. This capital improvement grant will cover the cost of new exercise equipment, signage, storage, and other materials for the park. (Be Adopted) 269-23. Jaquelyn Poirier, Cemetery Superintendent, to approve the enclosed price increases as approved by the Cemetery Trustees at the October 19, 2023 Board meeting. Enclosed: Present price list and proposed list. (Be Granted) Report read and accepted by unanimous consent 10/0. 10 members present. Board consists of 11 members. Orders 259-23 through 265-23 signed by Mayor on December 6, 2023 ----------------------------------------------------------------------------------------------------------------------- Legislative Affairs Committee Oral Report Meeting of November 30, 2023 097-23. Petition to review attached disclosure Municipal Employees pursuant to G.L c268A, §20 (a) (b) to approve the same. (Held) 161-23. Councilor Beauchemin, if satellite dish is coming into the City of Fitchburg, the company needs to obtain written approval from the property owner of said property. If the subscriber leaves and no other residents are utilizing the satellite dish, the company must come and remove the dish from existing property. (Held) 219-23. Liz Murphy, Economic Director, to designate the FRA as Special Municipal Employees pursuant to G.L c268A, §20 (d). (Approved) 220-23. Councilor Anthony Zarrella, to accept M.G.L. c. 41, s. 19H as a local option. (Approved) 253-23. Review and approve the attached Disclosure by Municipal Employee or Financial Interest in Municipal Contract as required by G.L. c. 269A §20(B). WHEREAS, in his regular course of business, the Chairman of the Water & Wastewater Commission is a real estate broker operating in the City of Fitchburg and has listed for sale the property located at 580 Lunenburg Street, John Fitch Highway, Fitchburg, MA 01420. WHEREAS, it appears that it is in the best interest of the City of Fitchburg to acquire a piece of real estate, which he was hired to list and sell. WHEREAS, the Chairman of the Water & Wastewater Commission wishes to disclose the interest in the contract and have this body formally waive any potential conflict of interest. WHEREFORE, it is respectfully requested that this Honorable Body look favorably upon this Petition and endorse the disclosure, indicating its approval of the waiver of any potential conflict of interest. (Approved) 270-23. Marisa Fleming on behalf of Ward 5 residents to relocate the election polling site either back to Saima Park or any other suitable location where traffic is not so dense. (Held) 271-23. Liz Murphy, Executive Director Community Development & Planning Board, to establish, order and designate members of the Planning Board as special municipal employees under M.G.L. c. 268A §1(n), also known as the Conflict of Interest Law. (Previously filed as 218-23) (Approved) Report read and accepted excluding 161-23 by unanimous consent 10/0. 10 members present. Board consists of 11 members. 161-23 after discussion, leave to withdraw by a vote of 9 in favor, one opposed (Beauchemin) 9/1. 10 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- Next Regular Meeting Tuesday, December 19, 2023, at 7:00 PM The meeting adjourned at 7:28 P.M. ___________________________________ Joanna Bilotta-Simeone, City Clerk

Agenda

FITCHBURG CITY CLERK Nov 30 2023 12:21 pm WELCOME TO THE FITCHBURG CITY COUNCIL December 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 by 12:00 PM (noon) on the day of meeting. II. ANNOUNCEMENTS III. REPORT OF THE APPOINTMENTS COMMITTEE Re-Appointment: Zoning Board of Appeals (Term to expire January 1, 2029) Michael McLaughlin New Appointment: Council on Aging (Term to expire November 1, 2026) Richard Doucette – Withdrew Application effective 10-12-2023 IV. REPORT OF COMMITTEE ON RECORDS V. COMMUNICATIONS His Honor the Mayor 1. New Appointment letter: Mr. Dante W. Suarez, to the position of Chief Engineer/Fire Chief, effective immediately. VI. REPORT OF COMMITTEES Finance Committee Oral Report Meeting of November 29, 2023 259-23. ORDER THAT: the City of Fitchburg hereby approves the expenditure of grant funds by the Board of Health, from the Community Foundation of North Central Massachusetts, in the amount of $10,000 (TEN THOUSAND DOLLARS) to support an overnight Winter Warming Shelter. (Be Adopted) 260-23. ORDER THAT: the City of Fitchburg hereby approves the transfer of $67,500 (SIXTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS) from POLICE PERSONAL SERVICES - Professional Standards Stipend, to be credited as follows: POLICE PERSONAL SERVICES - Dispatcher Overtime $40,000 POLICE EQUIPMENT & REPAIR - Training $20,000 POLICE EQUIPMENT & REPAIR - Contracted Services $7,500 (Be Adopted) 261-23. ORDER THAT: the City of Fitchburg hereby approves the expenditure of Page 1 supplemental funds from the Commonwealth of Massachusetts Executive Office of Public Safety and Security State 911 Department Support and Incentive Grant in the approximate amount of $14,842 (FOURTEEN THOUSAND, EIGHT HUNDRED FORTY-TWO DOLLARS) for the purpose of purchasing a new recorder for the Police Department. (Be Adopted) 262-23. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the Department of Justice Office of Community Oriented Policing Services (COPS) Grant in the approximate amount of $114,816 for the purpose of advancing the practice of community policing through support of the Police Department accreditation program. (Be Adopted) 263-23. ORDER THAT: the City of Fitchburg hereby approves the expenditure of grant funds from the Commonwealth of Massachusetts Executive Office of Public Safety and Security Office of Grants and Research in the approximate amount of $30,470 (THIRTY THOUSAND FOUR HUNDRED SEVENTY DOLLARS) for a Municipal Road Safety Program to enhance traffic and pedestrian safety through high-visibility police patrols and occupant protection mobilizations. (Be Adopted) 264-23. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the Massachusetts DOT Aeronautics Grant for Environmental & Wildlife Hazard Assessments in the approximate amount of $10,956.75 (TEN THOUSAND NINE HUNDRED FIFTY-SIX AND 75/100 DOLLARS). This grant will complement the $256,491 previously awarded, and is in line with the Airport Master Plan and in conjunction with FAA requirements. (Be Adopted) 265-23. ORDER THAT: the City of Fitchburg hereby approves the expenditure of grant funds awarded by the Stanton Foundation in the amount of $33,501 (THIRTY-THREE THOUSAND FIVE HUNDRED ONE DOLLARS) for capital improvements and upgrades to the City of Fitchburg Dog Park. This capital improvement grant will cover the cost of new exercise equipment, signage, storage, and other materials for the park. (Be Adopted) 269-23. Jaquelyn Poirier, Cemetery Superintendent, to approve the enclosed price increases as approved by the Cemetery Trustees at the October 19, 2023 Board meeting. Enclosed: Present price list and proposed list. (Be Granted) Page 2 Legislative Affairs Committee Oral Report Meeting of November 30, 2023 097-23. Petition to review attached disclosure Municipal Employees pursuant to G.L c268A, §20 (a) (b) to approve the same. 161-23. Councilor Beauchemin, if satellite dish is coming into the City of Fitchburg, the company needs to obtain written approval from the property owner of said property. If the subscriber leaves and no other residents are utilizing the satellite dish, the company must come and remove the dish from existing property. 219-23. Liz Murphy, Economic Director, to designate the FRA as Special Municipal Employees pursuant to G.L c268A, §20 (d). 220-23. Councilor Anthony Zarrella, to accept M.G.L. c. 41, s. 19H as a local option. 253-23. Review and approve the attached Disclosure by Municipal Employee or Financial Interest in Municipal Contract as required by G.L. c. 269A §20(B). WHEREAS, in his regular course of business, the Chairman of the Water & Wastewater Commission is a real estate broker operating in the City of Fitchburg and has listed for sale the property located at 580 Lunenburg Street, John Fitch Highway, Fitchburg, MA 01420. WHEREAS, it appears that it is in the best interest of the City of Fitchburg to acquire a piece of real estate, which he was hired to list and sell. WHEREAS, the Chairman of the Water & Wastewater Commission wishes to disclose the interest in the contract and have this body formally waive any potential conflict of interest. WHEREFORE, it is respectfully requested that this Honorable Body look favorably upon this Petition and endorse the disclosure, indicating its approval of the waiver of any potential conflict of interest. 270-23. Marisa Fleming on behalf of Ward 5 residents to relocate the election polling site either back to Saima Park or any other suitable location where traffic is not so dense. 271-23. Liz Murphy, Executive Director Community Development & Planning Board, to establish, order and designate members of the Planning Board as special municipal employees under M.G.L. c. 268A §1(n), also known as the Conflict of Interest Law. (Previously filed as 218-23) VII. OTHER BUSINESS Next Regular Meeting Tuesday, December 19, 2023, at 7:00 PM Page 3

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