City Council

FITCHBURG CITY CLERK Mar 14 2024 11:56 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 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 20, 2024. 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 Beauchemin. The City Clerk called the roll 11 Councilors were present. Councilor Fleming and Van Hazinga via Zoom. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- I. PUBLIC FORUM • Rick Healy, in support of 042-24 and requested City Council for suspension of rules. ----------------------------------------------------------------------------------------------------------------------- II. ANNOUNCEMENTS Councilor Schultz: The next meeting of the Widowed Helping Widowed Support Group will take place on Thursday, February 22, 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. 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! Upcoming Election Dates: February 24th is the last day to register vote for the Primary Election. Early in person Early Voting starts Saturday, February 24th – Friday March 1st, at City Hall. The Primary Election is Tuesday, March 5th, polls are open from 7:00 AM to 8:00 PM, all vote by mail ballots need to be received by 8:00 PM on March 5th. ----------------------------------------------------------------------------------------------------------------------- III. REPORT OF THE APPOINTMENTS COMMITTEE There is no report of the Appointments Committee at this time. -----------------------------------------------------------------------------------------------------------------------  IV. REPORT OF COMMITTEE ON RECORDS The Committee on records reported the minutes of February 6, 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. COMMUNICATION Her Honor the Mayor 1. Appointment letter: Myles Phillips-Wilcox, as a member of the Fitchburg Human Rights Commission, for a term to expire March 5, 2027. 2. Appointment letter: Jill P. Lucius, as an Associate Member of the Fitchburg Agricultural Commission, for a term to expire March 5, 2025. 3. Appointment letter: Amanda Koech, to the position of Executive Director of Council on Aging, for a term to expire August 24, 2025. Ms. Koeck’s appointment will be to complete the term of former Executive Director of the Council Aging, Jennifer Brennan. 4. Re-Appointment letter: Michelle Antaya Sciabarrasi, as a member of the Fitchburg Trustees of Public Burial Grounds, for a term to expire on January 28, 2027. 5. Re-Appointment letter: Charles E. Sternaimolo, as a member of the Fitchburg Historical Commission, for a term to expire February 1, 2027. Appointment stand referred to the Appointments Committee by unanimous consent 11/0. 11 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- Promotion Letters 1. Promotion letter: Provisional Lieutenant Stephen D. Bastien to the rank of Permanent Police Lieutenant 2. Promotion letter: Detective Robert C. Huse to the rank of Permanent Police Sergeant Promotion letters read and filed in the City Clerk’s Office. -----------------------------------------------------------------------------------------------------------------------  VI. COMMUNICATION Planning Board 272-23. Councilor Andrew J. Couture and Councilor Marisa Fleming, on behalf of all rural residential residents to initiate a solar change in zoning by introducing additional zoning to protect the rural residential neighborhoods. In addition, exclude solar on any watershed overlay district nor shall solar abut any RA or R2 districts. Planning Board Recommendation (Refer to Legislative Affairs) Petition was referred to Legislative Affairs. ----------------------------------------------------------------------------------------------------------------------- VII. ANNUAL REPORTS 017-24. ANNUAL REPORT: Independent City of Fitchburg Auditor’s report for the year ending June 30, 2023. (Correct description, clerical error) 047-24. ANNUAL REPORT: City of Fitchburg OPEB Liability Report for the year ending June 30, 2023. Waive reading. Report placed on file in the City Clerk’s Office by unanimous consent 11/0. 11 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- VIII. REPORT OF COMMITTEES Finance Committee Meeting of February 15, 2024 Oral Report 013-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the Executive Office of Public Safety & Security Violence Against Women Act (VAWA) federal grant program in the approximate amount of $74,155.78 (SEVENTY-FOUR THOUSAND ONE HUNDRED FIFTY-FIVE AND 78/100 DOLLARS) for the purpose of retaining the Police Department’s Domestic Violence Advocate position, as well as to support training and provide supplies during DV awareness month. (Be Adopted) 014-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the Executive Office of Public Safety & Security Justice Assistance Grant (JAG) allocation in the approximate amount of $45,702.51 (FORTY-FIVE THOUSAND SEVEN HUNDRED TWO AND 51/100 DOLLARS) to address unmet criminal justice and officer safety needs in the form of new radios and accessories. (Be Adopted) 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. (Be Adopted) 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. (Be Adopted) 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. (Be Adopted) 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. (Be Adopted) 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 (Be Adopted) 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. (Be Adopted) 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 (Be Adopted) 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. (Be Adopted) 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. (Be Adopted) 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. (Be Adopted) 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. (Be Adopted) Waive reading of all orders except order 008-24. Orders adopted by unanimous consent 11/0. 11 members present. Board consists of 11 members. Orders signed by the Mayor February 23, 2024 ----------------------------------------------------------------------------------------------------------------------- 008-24. ORDER THAT: the City of Fitchburg hereby appropriates and transfers the sum of $42,240 (FORTY-TWO THOUSAND TWO HUNDRED FORTY DOLLARS) from LAW DEPARTMENT- PERSONAL SERVICES to LAW DEPARTMENT- EXPENSES for the appointment of the City Solicitor. (Refer to Finance and Legislative Affairs) Mead, Talerman & Costa, LLC Attorneys at Law (Failed 3/2) Motion and second on order 008-24 to accept the recommendation of the Finance Committee and Legislative affairs Committee by a roll call vote fails by 8 opposed 3 in favor. 11 members present. Board consists of 11 members. Motion and second on order 008-24 to approve the appropriation and transfer the sum of $42,240, by a roll call vote of 8 in favor 3 opposed. 11 members present. Board consists of 11 members. Order signed by the Mayor February 23, 2024 ----------------------------------------------------------------------------------------------------------------------- Legislative Affairs Committee Meeting of February 8, 2024 Oral Report 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) 007-24. James C. Pappas and three signatory voters, to amend Order 234-03 in order to correct errors in the title record as detailed in the enclosed petition. (Approved) Report accepted by unanimous consent 11/0. 11 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- 008-24. ORDER THAT: the City of Fitchburg hereby appropriates and transfers the sum of $42,240 (FORTY-TWO THOUSAND TWO HUNDRED FORTY DOLLARS) from LAW DEPARTMENT- PERSONAL SERVICES to LAW DEPARTMENT- EXPENSES for the appointment of the City Solicitor. Mead, Talerman & Costa, LLC Attorneys at Law (Failed 3/2) Motion and second on order 008-24 to accept the recommendation of the Finance Committee and Legislative affairs Committee by a roll call vote fails by 8 opposed 3 in favor. 11 members present. Board consists of 11 members. Motion and second on order 008-24 to approve the appropriation and transfer the sum of $42,240, by a roll call vote of 8 in favor 3 opposed. 11 members present. Board consists of 11 members. Order signed by the Mayor February 23, 2024 ----------------------------------------------------------------------------------------------------------------------- 009-24. AN ORDINANCE: AN ORDINANCE: Amending Article VIII entitled “Snow or Ice on Motor Vehicles” as outlined in the enclosed Ordinance. Chapter 157-94 shall be amended as outlined in the enclosed Ordinance. Chapter 169-10 entitled “Violations and penalties” shall be renumbered to be Chapter 169-11. A new Chapter 169-10 entitled “Duty to remove snow or ice from motor vehicles” shall be inserted and read as outlined in the enclosed Ordinance. (Approved) Report accepted by 10/1 (DiNatale). 11 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- 016-24. Councilor Beauchemin to amend Chapter §169-58 of the City Code with respect to penalties for violations of snow parking bans as enclosed in the attached petition. (Approved) Report accepted by 9/2 (Cruz, DiNatale). 11 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- 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. (Approved 4/1) Report accepted by 8/3 (Beauchemin, DiNatale, Green). 11 members present. Board consists of 11 members. -----------------------------------------------------------------------------------------------------------------------  IX. ORDERS 038-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the Department of Mental Health police-based Jail Diversion Program (JDP) in the approximate amount of FIFTY-NINE THOUSAND DOLLARS ($59,000) for the purpose of maintaining the Police Department Crisis Intervention Team (CIT). 039-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from Massachusetts Emergency Management Performance Grant (EMPG) in the approximate amount of TWENTY THOUSAND ONE HUNDRED FIFTY DOLLARS ($20,150) for the purpose of purchasing hazmat suits, a dry suit, swift water foot protection, and gas meter upgrades. 040-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of grant funds in the amount of ONE THOUSAND FOUR HUNDRED SEVEN DOLLARS ($1,407) from the Fitchburg Cultural Council in support of the Parks and Recreation Department Concerts on the Common music series. 041-24. ORDER THAT: the City of Fitchburg hereby approves the transfer of SIXTY- NINE THOUSAND AND 00/100 DOLLARS ($69,000) from HEALTH – SANITARY LANDFILL EXPENSES to HEALTH – RUBBISH REMOVAL EXPENSES. Orders 038-24 & 041-24 stand referred to Finance Committee by unanimous consent 11/0. 11 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- X. ORDERS – OTHER Motion and second for suspension of rules on Order 042-24 by roll call vote of 10 in favor and 0 opposed. 10 members present. Board consists of 11 members. (Van Hazinga step out) 042-24. ORDER THAT: To adopt the enclosed Order of Taking to acquire the parcel known as 580 John Fitch Highway for public general municipal purposes, specifically the redesign of the intersection of John Fitch Highway and Lunenburg Street, for a total amount of Five Hundred Fifty Thousand Dollars ($550,000.00). Taking 580 John Fitch Highway Order adopted by roll call vote of 11 in favor and 0 opposed. 11 members present. Board consist of 11 members. Order signed by Mayor on February 23, 2024 ----------------------------------------------------------------------------------------------------------------------- 043-24. ORDER THAT: To authorize the sale of the parcel known as 70 Clarendon Street through the Side Yard Sales program by recommendation of the Side Yard Sales Commission. Order adopted by unanimous consent 11/0. 11 members present. Board consist of 11 members. Order signed by Mayor on February 23, 2024 ----------------------------------------------------------------------------------------------------------------------- XI. PETITIONS The following petitions were referred to the Public Safety Committee: 044-24. Marisa Fleming on behalf of Maritza Rivera of 478 Pearl St to install a blind driveway sign. This is to ensure oncoming vehicles traveling in both directions of Pearl St are aware of this hidden driveway. To also change the thru way between the monument and the house from a two way street to a one way street entering one way from Pearl St to Townsend St. (Public Safety) 045-24. Councilors Marisa Fleming and Beth Walsh, on behalf of Lisa Bailey, to install additional stop signs at the intersection of Billings Road and Arn-How Farm Road, to make the intersection of Billings Road and Arn-How Farm Road a 3-way stop. (Public Safety) 046-24. Sasha Automotive, LLC, to petition for a Class II Dealer’s License located at 285 River St. Fitchburg, MA 01420 (Public Safety) XII. OTHER BUSINESS Next Regular Meeting Wednesday, March 6, 2024, at 7:00 PM The meeting adjourned at 9:04 P.M. ___________________________________ Joanna Bilotta-Simeone, City Clerk