City Council

FITCHBURG CITY CLERK City of Fitchburg Mar 21 2024 3:14 pm 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 March 6, 2024. The meeting was called to order by President Zarrella at 7:14 P.M. The meeting opened with a salute to the Flag led by Councilor Couture. The City Clerk called the roll 9 Councilors were present. Councilor Beauchemin via Zoom. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- I. PUBLIC FORUM • Jacquelyn Wehtje, Fitchburg resident, spoke in opposition of CDBG Year 50 ----------------------------------------------------------------------------------------------------------------------- II. ANNOUNCEMENTS Councilor Schultz: The next meeting of the Widowed Helping Widowed Support Group will take place on Thursday, March 7, 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 Ward 1 City Councilor Bernie Schultz is hosting a Ward 1 Community meeting on Monday, March 11, 2024 at 7:00 p.m. in the Legislative Building, 700 Main Street. City Solicitor Lisa Mead and Mayoral Chief of Staff Alexander Vera will make presentations, and then answer questions following their presentations. In addition to Fitchburg Ward 1 residents, all other residents are welcome to attend the meeting. The Fitchburg Health Department is sponsoring a blood drive in partnership with Mass General Hospital on Wednesday, March 20th. The MGH Bloodmobile will be parked outside of the Legislative Building from 9:30AM - 3:00PM. Parking will be available in the lot behind the Legislative Building and on Main Street. Appointments are required and can be made at bit.ly/FitchburgMGH. The registration link can also be accessed via postings on the Board of Health and City Facebook pages. Fitchburg Ward 3 City Councilor Couture will be hosting a Ward 3 Community meeting on Thursday, March 21, 2024 at 6:00 p.m. in the Legislative Building, 700 Main Street. Discussion will be on the odor coming from various sources. City Clerk, Joanna Bilotta, shared and thanked all involved in Tuesday, March 5, 2024 Presidential Primary. Some unofficial numbers, Fitchburg has 28,865 registered voters, 3582 in-person at the polls, and 1711 voted by mail and in-person early voting for a total of 5,293 voters that participate in the Election. ----------------------------------------------------------------------------------------------------------------------- III. REPORT OF THE APPOINTMENTS COMMITTEE Appointments Committee Oral Report Meeting of March 6, 2024 New Appointment: Human Rights Commission (Term to expire March 5, 2027) Myles Phillips-Wilcox New Appointment: Agricultural Commission (Term to expire March 5, 2025) Jill P. Lucius New Appointment: Executive Director of Council on Aging (Term to expire August 24, 2025) Amanda Koeck Re-Appointment: Trustees of Public Burial Grounds (Term to expire January 28, 2027) Michelle Antaya Sciabarrasi Re-Appointment: Fitchburg Historical Commission (Term to expire February 1, 2027) Charles E. Sternaimolo Report accepted. Appointments confirmed by a roll call vote of 9 in favor and 0 opposed. 9 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- IV. REPORT OF COMMITTEE ON RECORDS The Committee on records reported the minutes of February 20, 2024 City Council meeting were correctly recorded. Report accepted and minutes adopted by a roll call vote of 9 in favor and 0 opposed. 9 members present. Board consists of 11 members. -----------------------------------------------------------------------------------------------------------------------  V. COMMUNICATION Her Honor the Mayor 1. Appointment letter: Erik Tkal, as a member of the Fitchburg Airport Commission, for a term to expire March 19, 2027. 2. Appointment letter: Paul Hathaway, as member of the Fitchburg Airport Commission, for a term to expire March 19, 2027. 3. Appointment letters: Full-Time Police Officers For the Fitchburg Police Department Nathan E. Jorge Benjamin R. Lima 4. Appointment letter: Permanent Full Time Firefighter For the City of Fitchburg Benjamin E. Nealon 5. Re-Appointment letter: Clayton R. Raymond, as a member of the Fitchburg Airport Commission, for a term to expire March 19, 2027. 6. Re-Appointment letter: Evan Halstead, as a member of the Fitchburg Agricultural Commission, for a term to expire on April 1, 2027. 7. Re-Appointment letter: Colby O’Brien, as a member of the Fitchburg Board of Parks Commissioners, for a term to expire April 1, 2029. 8. Re-Appointment letter: David C. Brooks, as member of the Fitchburg Board of Parks Commissioners, for a term to expire April 1, 2029. Appointments stand referred to the Appointments Committee. ----------------------------------------------------------------------------------------------------------------------- Community Development Block Grant Year 50 (To be referred to the Finance Committee) CDBG Year 50 Communication referred to the Finance Committee. -----------------------------------------------------------------------------------------------------------------------  VI. COMMUNICATION Department of Environmental Protection Waterways Regulation Program Twin Cities Rail Trail (Bridge No. F-040-075) – Waters of the North Nashua River between 65 and 115 Sawyer Passway, City of Fitchburg, Worcester County Notice of License Application pursuant to M.G.L. Chapter 91 Waive reading by a roll call vote of 9 in favor and 0 opposed. 9 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- VII. ANNUAL REPORT 048-24. ANNUAL REPORT: Montachusett Regional Vocation Technical High School for the year 2023. Montachusett Regional Vocational High School 2023 Waive reading by a roll call vote of 9 in favor and 0 opposed. 9 members present. 9 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- VIII. REPORT OF COMMITTEES Finance Committee Meeting of February 28, 2024 Oral Report 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). (Be Adopted) 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. (Be Adopted) 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. (Be Adopted) Report read and accepted. Orders 038-24 through 040-24 adopted by a roll call vote of 9 in favor and 0 opposed. 9 members present. Board consists of 11 members. Orders signed by the Mayor March 12, 2024 ----------------------------------------------------------------------------------------------------------------------- 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. (Be Adopted) Vote 4-1 (DiNatale) Order adopted by roll call vote of 6 in favor and 3 opposed (Councilor Couture, Fleming and Green). 9 members present. Board consists of 11 members. Orders signed by the Mayor March 12 , 2024 ----------------------------------------------------------------------------------------------------------------------- Public Works Committee Meeting of February 27, 2024 Oral Report Public Works Agenda 010-24. Counselor Fleming on behalf of Mary Lotze at 349 Pearl Hill Rd. to install a berm that has deteriorated over the years which is now causing flooding onto personal property. (Be Granted) 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. (Be Granted) 032-24. Andrew Couture on behalf of Chris Couture to remove the brush at the Electric/Rollstone rotary. (Be Granted) 256-23. Andrew Couture on behalf of Brian Rufiange to request a berm to be placed from the intersection of Oak Hill to the storm drain just past 394 Franklin Rd. (Be Held) 255-23. Marisa Fleming on behalf of Dan Sarasin of 75 Klondike Ave to install a berm in front of his property to mitigate flooding from the higher ground across the street. an approximately 20 foot berm across from Pierce Farm Road. (Be Granted as Amended) Report read and accepted. Petitions granted by roll call vote of 9 in favor and 0 opposed. 9 members present. Board consists of 11 members. -----------------------------------------------------------------------------------------------------------------------  IX. ORDERS - FINANCE 049-24. ORDER THAT: the City of Fitchburg hereby appropriates the sum of SIXTY-FIVE THOUSAND DOLLARS ($65,000) from Available Funds, crediting as follows: LAW-LABOR COUNSEL $35,000 LAW-DAMAGES PERSONS & PROPERTY $30,000 050-24. ORDER THAT: there be and hereby is appropriated the sum of SEVENTY-TWO THOUSAND ONE HUNDRED TEN AND 97/100 DOLLARS ($72,110.97) from RESERVE FOR APPROPRIATION - PEG ACCESS EXPENSES to support capital needs at the FATV broadcast location. 051-24. ORDER THAT: the sum of Thirty Nine Million Five Hundred Thousand Dollars ($39,500,000) be and hereby is appropriated to pay the cost of various sewer separation projects including, but not limited to, sewer separation project CSO 032, 045 and 083 Separation/Rehabilitation; and that to meet this appropriation, the City Treasurer, with the approval of the Mayor, is authorized to borrow all or part of said amount under and pursuant to M.G.L. Chapter 44, Section 7(1) or 8(14), from the Massachusetts Clean Water Trust established pursuant to Chapter 29C, or pursuant to any other enabling authority, to issue bonds or notes of the City therefor, and to file or execute all necessary documents with the Municipal Finance Oversight Board to qualify such bonds under M.G.L. Chapter 44A; and that the Mayor or other relevant City official is authorized to enter into a project regulatory agreement with the Department of Environmental Protection, to expend all funds available for the project and to take any other action necessary to carry out the project. 052-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of grant funds by the Board of Health, from the United Way of North Central Massachusetts, in the amount of TWO THOUSAND DOLLARS ($2,000) to supplement the Winter Warming Center. 053-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of State Earmark funds allocated by the Department of Conservation & Recreation in the amount of SEVENTY-FIVE THOUSAND DOLLARS ($75,000) for the rehabilitation of the youth soccer field area at Coolidge Park. 054-24. ORDER THAT: the City of Fitchburg hereby approves the transfer of $96,349 from CDBG Year 47 Police Department ADA Parking Improvements to CDBG Year 48 Parks/Playgrounds Improvements. Orders 049-24 through 054-24 stand referred to Finance. ----------------------------------------------------------------------------------------------------------------------- X. ORDERS – CDBG Year 50 ORDERS 055-24 THROUGH 076-24 (Refer to Finance) Referred to the Finance Committee. ----------------------------------------------------------------------------------------------------------------------- Councilor Cragin joined the meeting at 7:38 p.m. 009-24. 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. (Third & Final Reading) Ordinance was sent to a final reading, ordained, and ordered advertised by roll call vote of 10 in favor and 0 opposed. 10 members present. Board consists of 11 members. Ordinance was signed by the Mayor March 12, 2024. ----------------------------------------------------------------------------------------------------------------------- 078-24. AN ORDINANCE: Article 2 § 169-58 entitled Violations and Penalties be amended as follows (bold and underline is new language and cross through is omitted language): B. Pursuant to the provisions of MGL c. 90, § 20A 1/2, any person violating any provision of any rule, regulation, order or ordinance regulating the parking of motor vehicles shall be punished by a fine for each offense as hereinafter set forth: (1) Group A, $300. (a) 01. Handicapped parking. (b) 02. Blocking a wheelchair ramp. (2) Group B, $30. (2) Group B, $100. (a.1) 03. Parking ban/snow emergency. (a) 03. Tow zone — no parking area. (b) 04. Within 10 feet of a hydrant. (c) 05. Double-parking. (d) 06. Within an intersection. (e) 07. Less than 10 feet from an unobstructed way. (f) 08. Fire lane. (g) 09. Within five feet of a driveway or alley. (h) 10. Within 20 feet of an intersecting way. (3) Group C, $30. (a) 04. Tow zone — no parking area. (b) 05. Within 10 feet of a hydrant. (c) 06. Double-parking. (d) 07. Within an intersection. (e) 08. Less than 10 feet from an unobstructed way. (f) 09. Fire lane. (g) 10. Within five feet of a driveway or alley. (h) 11. Within 20 feet of an intersecting way. (a) 11 (i) 12. All-night parking. (a.1) 11.1. Parking ban/snow emergency. [Added 4-21-2015 by Ord. No. 076-2015] (b) 12 (j) 13. Right wheels not at curb. (c) 13 (k) 14. Wheels more than one foot from curb. (d) 14 (l) 15. On a sidewalk. (e) 15 (m) 16. On a crosswalk. (f) 16 (n) 17. No parking area. (g) 17 (o) 18. Within a bus stop. (h) 18 (p) 19. Ten-hour meter violation. (i) 18.1 (q) 19.1. Parking of nonmotorized vehicle or trailer. (4) Group D, $15.  (a) 19. Within a loading zone or taxi stand. (b) 20. Meter violation. (c) 21. Overtime parking. (First and Second Reading) Ordinance was sent to a first and second reading by roll call vote of 9 in favor and 1 opposed (Councilor Cruz). 10 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- XI. PETITION The following petitions were referred to the Public Works Committee: 079-24. City Councilor Bernie Schultz, on behalf of Orlando Jimenez of 507 Water Street, to request removal of dying trees on Lancaster Street located above his home. (Refer to Public Works) ----------------------------------------------------------------------------------------------------------------------- XIII. OTHER BUSINESS Review submitted Open Meeting Law Complaint 1. Through a consent agenda, review, discuss and vote on Agenda Items from February 20, 2024 which were not voted by roll call vote as follows: a. Agenda Items to be Revoted by Consent and Roll Call Vote b. Report of Committee on Records c. Communication from the Mayor d. Annual Reports e. Finance Committee Report Except Order 008-24 f. Legislative Affairs Report Except Order 008-24 g. Orders 038-24 – 041-24 h. Orders – Other 043-24 Vote to reaffirm the decisions on the February 20, 2024, agenda that were taken by unanimous consent votes by roll call vote of 10 in favor 0 opposed. 10 members present. Board consists of 11 members. 2. Vote to authorize President to send reply to February 20, 2024 Open Meeting Law Complaint. Vote to authorize the president to reply to the February 20, 2024 Open Meeting Law Complaint by a roll call vote of 10 in favor 0 opposed. 10 members present. Board consists of 11 members. -----------------------------------------------------------------------------------------------------------------------  Next Regular Meeting Tuesday, March 19, 2024, at 7:00 PM Roll Call vote to adjourn at 7:56 P.M. a roll call vote of 10 in favor 0 opposed. 10 members present. Board consists of 11 members. The meeting adjourned at 7:56 P.M. ___________________________________ Joanna Bilotta-Simeone, City Clerk