City Council

FITCHBURG CITY CLERK Jan 08 2024 12:51 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 19, 2023. The meeting was called to order by President Zarrella at 7:05 P.M. The meeting opened with a salute to the Flag led by Councilor Schultz. The City Clerk called the roll 11 Councilors were present. Councilor Fleming via Zoom. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- I. PUBLIC FORUM No one from the public provided any comments. ----------------------------------------------------------------------------------------------------------------------- II. ANNOUNCEMENTS Councilor Schultz: The next meeting of the Widowed Helping Widowed Support Group will take place on Thursday, December 28, 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. Councilor Cragin: There is a local crisis in our pet shelters and an over-population of kittens and cats. Fixing your cat will keep them healthy and reduce the number of strays, and feral. The Catmobile, sponsored by Merrimack River Feline Rescue Society will be coming to Fitchburg on Thursday, January 18, 2024. The Catmobile will be parked at Fitchburg Fire Department, 33 North Street, Fitchburg. This is a low-cost mobile vet clinic which will spay or neuter your family cat for a reduced fee. Other vaccination services are available. For those who receive government assistance, vouchers are available through Mass. Animal Fund, and you can reach out to Leominster Fitchburg ACO at 978-956 4082 to see if you are eligible. Appointments can be made ONLINE ONLY starting December 20. Visit: MRFRS.org -- and go to CALENDAR You are cordially invited to attend the Inaugural Swearing-In Ceremonye, of Samantha M. Squailia, Mayor of the City of Fitcbhurg. The Fitchburg City Council and The Fitchburg School Committee, Tuesday, Janaury 2, 2024, at 6:30 PM, doors open at 6:00 PM, at the Fitchburg High School Auditorium, 140 Arn-How Farm Road. The entire community is welcomed and encouraged to attend. ----------------------------------------------------------------------------------------------------------------------- III. REPORT OF THE APPOINTMENTS COMMITTEE New Appointment: Chief Engineer/Fire Chief Fitchburg Fire Department Mr. Dante W. Suarez 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 December 5, 2023 City Council meeting minutes were correctly recorded. Report accepted and minutes adopted by unanimous consent 11/0. 11 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- V. COMMUNICATIONS His Honor the Mayor 1. New Appointment letter: Nancy Donohue, as a member of the Fitchburg Council on Aging, term to expire December 5, 2026. 2. New Appointment letter: Ellen Corduan, as a member of the Fitchburg Disability Commission, term to expire January 1, 2027. 3. Re-Appointment letter: Michael Donnelly, as a member of the Conservation Commission, term to expire January 1, 2027. 4. Re-Appointment letter: Mark F. Christian, as a member of the Conservation Commission, term to expire January 1, 2027. 5. Re-Appointment letter: Jerri Maillet, as a member of the Board of Assessors, term to expire January 1, 2027. 6. Re-Appointment letter: Ryan Beauvais, as a member of the Board of Assessors, term to expire January 1, 2026. 7. Re-Appointment letter: Barbara Nealon, as a member of the Human Rights Commission, term to expire January 1, 2027. 8. Re-Appointment letter: James Reynolds, as an Associate member of the Zoning Board of Appeals, term to expire October 1, 2025. 9. Re-Appointment letter: Matt Bruun, as a member of the Board of Trustees for the Public Library, term to expire January 2, 2027. 10. Re-Appointment letter: Mary Rice Hurley, as a member of the Board of Trustees for the Public Library, term to expire January 2, 2027. 11. Re-Appointment letter: James Walsh, as a member of the Board of Trustees for the Public Library, term to expire January 2, 2027. 12. Re-Appointment letter: Cynthia Jones, as a member of the Board of Trustees for the Public Library, term to expire January 2, 2026. 13. Re-Appointment letter: Joanne Huse, as a member of the Board of Trustees for the Public Library, term to expire January 2, 2026. 14. Re-Appointment letter: Muna Knagsen, as a member of the Board of Trustees for the Public Library, term to expire July 1, 2026. 15. Re-Appointment letter: Dennis Pierce, as a member of the Board of Trustees for the Public Library, term to expire July 1, 2026. 16. Re-Appointment letter: Mary Whitney, as a member of the Board of Park Commissioners, term to expire April 1, 2026. Appointment referred to the Appointments Committee by unanimous consent 11/0. 11 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- VI. SPECIAL PRESENTATION The DPW Wastewater Division to give an update on the City’s efforts to repurpose the former West Wastewater Treatment Facility into an Anaerobic Digestion Facility. DPW Wastewater Division Presentation Presentation is on file at the City Clerk’s Office -----------------------------------------------------------------------------------------------------------------------  VII. REPORT OF COMMITTEES Legislative Affairs Committee Oral Report Meeting of November 30, 2023 Correction on Petition Number RE-VOTE 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. 218-23 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 should be 219-23) (Approved) December 5, 2023 meeting the report read and accepted excluding 161-23 by unanimous consent 10/0. 10 members present. Board consists of 11 members. On 161-23 after discussion motion and second Leave to Withdraw by a vote of 9 in favor, 1 opposed (Beauchemin) 9/1. 10 members present. Board consists of 11 members. December 19, 2023 meeting approved and recorded correct petition number 218-23 by unanimous consent 11/0. 11 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- VIII. PUBLIC HEARING 273-23. Comcast, to request a grant of location for the purpose of installing a new conduit to provide Comcast service to 100 Elm Street in Fitchburg. President Zarrella declared the hearing open at 9:02 PM. Mr. Dave Flewelling was present to represent Comcast. Nickholas Erickson, Commissioner of Public works and City Engineer, shared with the Council that the DPW met with Comcast to review the current plan in the field, and both parties agree that it would be an acceptable location for the propsed conduit to avoid potential confilicts with the City’s upcoming combinded sewer separtation work in the area. The work will include excavation of the sidewalk as shown in the picture provided, and the sidewalks shall be fully restored by Comcast per City of Fitchburg Standards, to the satisfaction of the DPW Engineering. No one spoke in favor of or in opposition to the petition. President Zarrella declared the hearing closed at 9:10 PM. Petition was granted by roll call vote of 11 in favor and 0 opposed. 11 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- IX. ORDERS – FINANCE Motion and second for suspension of rules by roll call vote of 11 in favor and 0 opposed. 11 members present. Board consists of 11 members. 275-23. ORDER THAT: there be and hereby is appropriated the sum of ONE HUNDRED EIGHTEEN THOUSAND SEVEN HUNDRED TWENTY-FOUR AND 45/100 DOLLARS ($118,724.45) from RESERVE FOR APPROPRIATION, PEG ACCESS and credited to INFORMATION TECHNOLOGY, FRANCHISE FEE for the purpose of remitting to FATV the third quarter 2023 franchise fees. (Suspension of Rules) Order adopted by unanimous consent 11/0. 11 members present. Board consist of 11 members. Order signed by Mayor on December 22, 2023 ----------------------------------------------------------------------------------------------------------------------- 276-23. ORDER THAT: the City of Fitchburg hereby approves the expenditure of state earmark funds in the approximate amount of $200,000 (TWO HUNDRED THOUSAND DOLLARS) in support of the production of market-rate apartments at the Iver Mills housing development project on River Street. 277-23. ORDER THAT: the City of Fitchburg hereby approves the expenditure of state earmark funds in the approximate amount of $150,000 (ONE HUNDRED FIFTY THOUSAND DOLLARS), to be added to the city’s Main Street Housing Incentive Program created last year, in support of the production of market-rate housing in upper stories of Main Street buildings. 278-23. ORDER THAT: the City of Fitchburg hereby approves the expenditure of grant funds from the Executive Office of Housing and Livable Communities in the approximate amount of $100,000 (ONE HUNDRED THOUSAND DOLLARS) for the purpose of conducting a study of the Water Street gateway corridor, specifically between the Water Street Bridge and the intersection of Bemis Road and Wanoosnoc Road, to analyze and prioritize redevelopment opportunities and infrastructure needs. 279-23. ORDER THAT: the City of Fitchburg hereby approves the expenditure of grant funds from the Executive Office of Economic Development Massworks Program in the approximate amount of $450,000 (FOUR HUNDRED FIFTY THOUSAND DOLLARS) for the creation of engineering designs, including underground utilities, for the reconfiguration of Moran Square. Orders 276-23 through 279-23 were referred to the Finance Committee by unanimous consent 11/0. 11 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- X. ORDERS – OTHER 280-23. ORDERED THAT: in consideration of the payment of Three Hundred ($300.00) Dollars, to be paid to the City Treasurer inclusive of the cost of recording and a pro forma tax as required by Chapter 44, Section 63A, the City of Fitchburg sells the above described parcel of land to said purchasers through the City’s Side Yard Sales Program, subject to the following restrictions, which shall run with the parcel and be enforceable by the City, that said parcel: 10 Northmen Passway Shall be kept free of garbage and debris, and Shall, be subject to the City maintaining the right of first refusal as described in the attached Agreement of First Refusal, and Shall, henceforth be conveyed in tandem with the abutting lot, and into the same record ownership. AND IT IS FURTHER ORDERED AND VOTED: That Stephen L. DiNatale, Mayor of the City of Fitchburg, be and is hereby authorized for and on behalf of said City to execute, acknowledge and deliver said deed of conveyance in form substantially similar to that attached hereto, and execute the Agreement for Right of  First Refusal and to take any other action and execute any other documents required or convenient for conclusion of the sale thereof. Order adopted by unanimous consent 11/0. 11 members present. Board consist of 11 members. Order signed by Mayor on December 22, 2023 ----------------------------------------------------------------------------------------------------------------------- XI. OTHER BUSINESS Special City Council Organizational Meeting Tuesday January 2, 2024, at 10:00 AM Next Regular Meeting Thursday, January 4, 2024, at 7:00 PM The meeting adjourned at 9:17 P.M. ___________________________________ Joanna Bilotta-Simeone, City Clerk