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City Council

Regular Meeting

Fitchburg, MA · February 6, 2024

AgendaMinutes

Minutes

FITCHBURG CITY CLERK Feb 26 2024 4:16 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 L. Green Vice President Andrew J. Van Hazinga Ward 4 – Andrew J. Van Hazinga Elizabeth R. Walsh 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 February 6, 2024. 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 President Zarrella. The City Clerk called the roll 11 Councilors were present. Councilor Fleming Fleming and Councilor Schultz via Zoom. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- I. PUBLIC FORUM • Charles Piermarini, Fitchburg resident, spoke on item 031-24 • Kim Goodwin, Fitchburg resident, spoke in support of item 030-24 • Michael Couture, Fitchburg resident, spoke in favor of item 033-24 and spoke on items 034-24 & 035-24 ----------------------------------------------------------------------------------------------------------------------- II. ANNOUNCEMENTS Councilor Schultz: The next meeting of the Widowed Helping Widowed Support Group will take place on Thursday, February 8, 2024 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. Fitchburg Community Meetings: Climate Change Workshops Zoom meeting: Thursday Feb. 15 from 5:30 to 7:30 pm on Zoom There are two workshops in Fitchburg, one in-person and one on Zoom. Content for each meeting is slightly different. Feel free to register for either or for both meetings. At the in-person meeting, Thursday, February 8, 5:30 -7:30 PM, at the Senior Center, the concept of Nature-based Solutions will be described, you will have a chance to give input on specific climate and environmental issues, ideas, and places in your community that could be good sites for using Nature-based Solutions to address these issues. At the Zoom meetings, Thursday February 15, 2024 from 5:30 PM to 7:30 PM on Zoom, we'll talk about the sites suggested for Nature-based Solutions from the first meeting and identify specific sites in your community to include in our plan. Councilor Schultz: Ward 1 City Councilor Bernie Schultz is hosting a Ward 1 Community Meeting on Monday, February 12, 2024 at 6:30 p.m. right here in the Legislative Building, 700 Main Street. Fitchburg Redevelopment Authority Executive Director Meagen Donoghue and Fitchburg Airport Manager Peter Kettle 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 Couture, will be hosting a Ward 3 Meeting, February 15, 2024, at 6:00 PM at City Hall, 718 Main Street, Fitchburg, MA. City Clerk: Please fill out and return your 2024 census! You can mail it, drop it off at the City Clerk’s office, or in the drop box outside City Hall. Please make sure your census is signed! The State has mailed out Vote by Mail postcards for the March 5th Primary, if you choose to vote by mail, please complete the postcard and return to the City Clerk’s Office, If on your postcard you have an option of party ballot, this means you are registered as unenrolled, you must choose which party ballot Democratic, Republican or Independent we are mailing you. Right now we are all benefiting from excellent service from FATV, there funding stream is in danger. They are funded by a fee for cable. We need legislative action on how cable access is funded FATV. Currently there is a bill in the House and Senate which will help protect local cable access. Please contact State Representative Michael Kushmerek for support House Bill H74 Please contact Senator John Cronin for support on Senate Bill S34 Please help us preserve our local access programing. ----------------------------------------------------------------------------------------------------------------------- III. REPORT OF THE APPOINTMENTS COMMITTEE Appointments Committee Oral Report Meeting of February 6, 2024 New Appointment: Zoning Board of Appeals (Term to expire February 6, 2029) Robert J. Talbot New Appointment: Fitchburg Cultural Council (Term to expire February 6, 2027) Joseph S. Bowen Re-Appointment: Fitchburg Disability Commission (Term to expire February 1, 2027) Basil Tolos 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 January 30, 2024 City Council meeting were correctly recorded. Report accepted and minutes adopted by unanimous consent 11/0. 11 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- V. ANNUAL REPORT 017-24. ANNUAL REPORT: Independent Auditor’s report for the year ended June 30, 2023. Reading waived. Report placed on file in the City Clerk’s Office by unanimous consent 11/0. 11 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- VI. PUBLIC HEARINGS 004-24. ORDER: Laying out a portion of Ethier St. as a public street or way as outlined in the enclosed Order. President Zarrella declared the hearing open at 7:34 PM Attorney Costa stated all paperwork included in this evening’s packet appears to be order. No one spoke in favor of or in opposition to the petition. President Zarrella declared the hearing closed at 7:35 PM. Order adopted by by unanimous consent 11/0. 11 members present. Board consists of 11 members. Order signed by the Mayor February 9, 2024 ----------------------------------------------------------------------------------------------------------------------- 006-24. Unitil, to petition for a new pole #1-51, approximately 650' South of Drepanos Dr., and approximately 1020' North of View St., as outlined in the enclosed Petition. President Zarrella declared the hearing open at 7:20 PM John Kimball, Unitil provided an overview of the pole location. Councilor Beauchemin asked location of the pole, could not find the flags. Councilor Van Hazinga asked if the pole was in the sidewalk or road, Mr. Kimball stated the pole is being placed on road side. Councilor Cruz, ask how this would impact service. Mr. Kimball explained it would not impact service. Councilor Cruz, spoke of the residents cost for Unitil, and if this is not a ligament safety issue maybe we should say no to this and continue to call attention to the issues that the residents have with Unitil. Councilor Cruz will not support this. President Zarrella asked if there is a cost savings doing this now rather than later. Councilor Green asked if this is due to getting wires off of trees. Mr. Kimball advised yes. Mr. Donnelly spoke to the petition. Mr. Tom Donnelly Did not get a map of the location, very difficult to measure. President Zarrella asked that a GIS map be included specifically showing the location. President Zarrella declared the hearing closed at 7:33 PM. Petition was granted by unanimous consent vote of 10 in favor and 1 opposed (Cruz). 11 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- VII. ORDERS – FINANCE Order 018-24 was withdrawn by the School’s Superintendent. 018-24. ORDER THAT: The Superintendent of Schools be authorized by this body to submit to the Massachusetts School Building Authority a Statement of Interest Form for the South Street Elementary School as detailed in the enclosed Order. ----------------------------------------------------------------------------------------------------------------------- The following Orders 019-24 through 029-24 were referred to the Finance Committee: 019-24. ORDER THAT: the City of Fitchburg hereby appropriates and transfers the sum of $350,000 (THREE HUNDRED FIFTY THOUSAND DOLLARS) from Available Funds to the Stabilization Fund. 020-24. ORDER THAT: the City of Fitchburg hereby appropriates and transfers the sum of $250,000 (TWO HUNDRED FIFTY THOUSAND DOLLARS) from Available Funds to the Other Post-Employment Benefits (OPEB) Trust Fund. 021-24. ORDER THAT: the City of Fitchburg hereby appropriates and transfers the sum of $500,000 (FIVE HUNDRED THOUSAND DOLLARS) from Available Funds to the Stabilization Fund. 022-24. ORDER THAT: The City of Fitchburg hereby appropriates the sum of FIVE HUNDRED THOUSAND DOLLARS ($500,000) same to be charged against Available Funds and credited to the following DEPARTMENT OF PUBLIC WORKS, SNOW & ICE accounts: EQUIPMENT RENTAL $100,000.00 SALT $400,000.00 023-24. ORDER THAT: there be and hereby is appropriated the sum of FOUR HUNDRED THOUSAND DOLLARS ($400,000) same to be charged against AVAILABLE FUNDS and credited to DPW ADMIN/ENGINEERING EXPENSES – Stormwater Contract Services. 024-24. ORDER THAT: there be and hereby is appropriated the sum of ONE HUNDRED FIFTY-TWO THOUSAND AND 00/100 DOLLARS ($152,000) same to be charged against AVAILABLE FUNDS and credited to the following accounts: LIBRARY - PERSONAL SERVICES $150,000 EMPLOYEE BENEFITS - OTHER $ 2,000 025-24. ORDER THAT: the City of Fitchburg hereby appropriates the sum of $12,000 (TWELVE THOUSAND DOLLARS) from Available Funds, crediting TREASURER PERSONAL SERVICES – Sick Time Buyback. 026-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the Shannon Community Safety Initiative Grant awarded by the Executive Office of Public Safety & Security in the approximate amount of $450,250.50 (FOUR HUNDRED FIFTY THOUSAND TWO HUNDRED FIFTY AND 50/100 DOLLARS) for the purpose of partnering with multiple agencies to reduce gang and youth related violence. 027-24. ORDER THAT: the City of Fitchburg hereby appropriates and transfers the sum of $305,703.81 (THREE HUNDRED FIVE THOUSAND SEVEN HUNDRED THREE AND 81/100 DOLLARS) from Available Funds to Receipts Reserved – Opioid Settlement Funds. 028-24. ORDER THAT: there be and hereby is appropriated the sum of EIGHTY-TWO THOUSAND DOLLARS ($82,000) same to be charged against AIRPORT RECEIPTS RESERVED and credited to AIRPORT IMPROVEMENTS. 029-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds in the amount of EIGHTEEN THOUSAND DOLLARS ($18,000) allocated by Fitchburg State University through Mass Development’s Transformative Development Initiative Creative Cities program to support Fitchburg’s cultural initiatives including marketing, program activation, pop-up events, and Mill St. venue activation. ----------------------------------------------------------------------------------------------------------------------- VIII. PETITIONS The following petition was referred to the Board of Health: 030-24. Andrew Couture on behalf of the residents of Oak Ridge Condominiums to investigate an offensive odor (suspected from Grief paper). (Board of Health/Health Department) ----------------------------------------------------------------------------------------------------------------------- The following petitions were referred to the Public Works Committee: 031-24. Andrew Couture on behalf of Charles Piermarini to investigate the excessive water on Read Street and to repair/clear out the catch basins. (Public Works) 032-24. Andrew Couture on behalf of Chris Couture to remove the brush at the Electric/Rollstone rotary. (Public Works) ----------------------------------------------------------------------------------------------------------------------- The following petition was withdrawn from Councilor Couture he stated that the trench that was on the side of the road at 112 Sheldon Rd. has been fixed by the property owner who was building a new structure on the property: 033-24. Andrew Couture on behalf of Michael Couture to repair the trench on Sheldon Road by 112 Sheldon Rd. (Public Works) ----------------------------------------------------------------------------------------------------------------------- The following petitions were referred to the Public Safety Committee: 034-24. Andrew Couture on behalf of Chris Knolls to install a stop sign at the bottom of Stickney Rd. at the intersection of Stickney and Ashburnham. (Public Safety) 035-24. Andrew Couture on behalf of Michael Couture to install stop signs on the intersection of Stickney and Sheldon Road. A 3-way stop may be necessary. (Public Safety) ----------------------------------------------------------------------------------------------------------------------- The following petition was referred to Legislative Affairs: 036-24. Councilor Marisa Fleming to accept local option statute M.G.L. c. 140 § 139(c), exempting dogs owned by persons over 70 from dog licensure fees. (Legislative Affairs) ----------------------------------------------------------------------------------------------------------------------- The following petition was referred to the City Property Committee: 037-24. That 84 North St., more fully described as Fitchburg Assessors Map 44, Block 110, Lot 0, be declared as surplus property. (City Property) ----------------------------------------------------------------------------------------------------------------------- IX. OTHER BUSINESS Next Regular Meeting Tuesday, February 20, 2024, at 7:00 PM The meeting adjourned at 7:38 P.M. ___________________________________ Joanna Bilotta-Simeone, City Clerk

Agenda

FITCHBURG CITY CLERK Feb 01 2024 9:06 pm WELCOME TO THE FITCHBURG CITY COUNCIL February 6, 2024 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 Appointments Committee Oral Report Meeting of February 6, 2024 New Appointment: Zoning Board of Appeals (Term to expire February 6, 2029) Robert J. Talbot New Appointment: Fitchburg Cultural Council (Term to expire February 6, 2027) Joseph S. Bowen Re-Appointment: Fitchburg Disability Commission (Term to expire February 1, 2027) Basil Tolos IV. REPORT OF COMMITTEE ON RECORDS V. ANNUAL REPORT 017-24. ANNUAL REPORT: Independent Auditor’s report for the year ended June 30, 2023. VI. PUBLIC HEARINGS 004-24. ORDER: Laying out a portion of Ethier St. as a public street or way as outlined in the enclosed Order. 006-24. Unitil, to petition for a new pole #1-51, approximately 650' South of Drepanos Dr., and approximately 1020' North of View St., as outlined in the enclosed Petition. VII. ORDERS – FINANCE 018-24. ORDER THAT: The Superintendent of Schools be authorized by this body to submit to the Massachusetts School Building Authority a Statement of Interest Form for the South Street Elementary School as detailed in the enclosed Order. (Suspension of Rules) Page 1 019-24. ORDER THAT: the City of Fitchburg hereby appropriates and transfers the sum of $350,000 (THREE HUNDRED FIFTY THOUSAND DOLLARS) from Available Funds to the Stabilization Fund. 020-24. ORDER THAT: the City of Fitchburg hereby appropriates and transfers the sum of $250,000 (TWO HUNDRED FIFTY THOUSAND DOLLARS) from Available Funds to the Other Post-Employment Benefits (OPEB) Trust Fund. 021-24. ORDER THAT: the City of Fitchburg hereby appropriates and transfers the sum of $500,000 (FIVE HUNDRED THOUSAND DOLLARS) from Available Funds to the Stabilization Fund. 022-24. ORDER THAT: The City of Fitchburg hereby appropriates the sum of FIVE HUNDRED THOUSAND DOLLARS ($500,000) same to be charged against Available Funds and credited to the following DEPARTMENT OF PUBLIC WORKS, SNOW & ICE accounts: EQUIPMENT RENTAL $100,000.00 SALT $400,000.00 023-24. ORDER THAT: there be and hereby is appropriated the sum of FOUR HUNDRED THOUSAND DOLLARS ($400,000) same to be charged against AVAILABLE FUNDS and credited to DPW ADMIN/ENGINEERING EXPENSES – Stormwater Contract Services. 024-24. ORDER THAT: there be and hereby is appropriated the sum of ONE HUNDRED FIFTY-TWO THOUSAND AND 00/100 DOLLARS ($152,000) same to be charged against AVAILABLE FUNDS and credited to the following accounts: LIBRARY - PERSONAL SERVICES $150,000 EMPLOYEE BENEFITS - OTHER $ 2,000 025-24. ORDER THAT: the City of Fitchburg hereby appropriates the sum of $12,000 (TWELVE THOUSAND DOLLARS) from Available Funds, crediting TREASURER PERSONAL SERVICES – Sick Time Buyback. 026-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the Shannon Community Safety Initiative Grant awarded by the Executive Office of Public Safety & Security in the approximate amount of $450,250.50 (FOUR HUNDRED FIFTY THOUSAND TWO HUNDRED FIFTY AND 50/100 DOLLARS) for the purpose of partnering with multiple agencies to reduce gang and youth related violence. 027-24. ORDER THAT: the City of Fitchburg hereby appropriates and transfers the sum of $305,703.81 (THREE HUNDRED FIVE THOUSAND SEVEN HUNDRED THREE AND 81/100 DOLLARS) from Available Funds to Receipts Reserved – Opioid Settlement Funds. 028-24. ORDER THAT: there be and hereby is appropriated the sum of EIGHTY-TWO THOUSAND DOLLARS ($82,000) same to be charged against AIRPORT RECEIPTS RESERVED and credited to AIRPORT IMPROVEMENTS. Page 2 029-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds in the amount of EIGHTEEN THOUSAND DOLLARS ($18,000) allocated by Fitchburg State University through Mass Development’s Transformative Development Initiative Creative Cities program to support Fitchburg’s cultural initiatives including marketing, program activation, pop-up events, and Mill St. venue activation. VIII. PETITIONS 030-24. Andrew Couture on behalf of the residents of Oak Ridge Condominiums to investigate an offensive odor (suspected from Grief paper). (Board of Health/Health Department) 031-24. Andrew Couture on behalf of Charles Piermarini to investigate the excessive water on Read Street and to repair/clear out the catch basins. (Public Works) 032-24. Andrew Couture on behalf of Chris Couture to remove the brush at the Electric/Rollstone rotary. (Public Works) 033-24. Andrew Couture on behalf of Michael Couture to repair the trench on Sheldon Road by 112 Sheldon Rd. (Public Works) 034-24. Andrew Couture on behalf of Chris Knolls to install a stop sign at the bottom of Stickney Rd. at the intersection of Stickney and Ashburnham. (Public Safety) 035-24. Andrew Couture on behalf of Michael Couture to install stop signs on the intersection of Stickney and Sheldon Road. A 3-way stop may be necessary. (Public Safety) 036-24. Councilor Marisa Fleming to accept local option statute M.G.L. c. 140 § 139(c), exempting dogs owned by persons over 70 from dog licensure fees. (Legislative Affairs) 037-24. That 84 North St., more fully described as Fitchburg Assessors Map 44, Block 110, Lot 0, be declared as surplus property. (City Property) IX. OTHER BUSINESS Next Regular Meeting Tuesday, February 20, 2024, at 7:00 PM Page 3

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