City Council

FITCHBURG CITY CLERK Apr 03 2024 12:10 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 March 19, 2024. The meeting was called to order by President Zarrella at 7:16 P.M. The meeting opened with a salute to the Flag led by Councilor Cragin. The City Clerk called the roll 10 Councilors were present. Councilor Fleming was absent. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- I. PUBLIC FORUM • Jacquelyn Wehtje, Fitchburg resident, spoke in opposition of agenda item IX Resolution 082-24. • Rala Diakite, Fitchburg resident, spoke in favor of item IX Resolution 082-24. • David Thibault-Munoz, Gardner resident, spoke in favor of item IX Resolution 082-24. ----------------------------------------------------------------------------------------------------------------------- II. ANNOUNCEMENTS Councilor Schultz: The next meeting of the Widowed Helping Widowed Support Group will take place on Thursday, March 21, 2024 from 4:00 p.m. - 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, April 8, 2024 at 6:30 p.m. right here in the Legislative Building, 700 Main Street. Council on Aging Executive Director Amanda Koeck and Commissioner of Public Works & City Engineer Nick Erickson 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. Please note that the City of Fitchburg is working on a Digital Equity Plan and are in need of your input. The goal of the plan is to address the digital needs of the community. This includes access to affordable internet, Access to devices within your home, and the skills needed to use those devices safely and effectively. Please note that the City of Fitchburg is working on a Digital Equity Plan and are in need of your input. The goal of the plan is to address the digital needs of the community. This includes access to affordable internet, Access to devices within your home, and the skills needed to use those devices safely and effectively. The City is requesting that all Fitchburg residents complete a survey in order to provide more information about how we can address your individual needs. The surveys are available in multiple languages on the City’s website. – www.fitchburgma.gov, under Community Development and Planning. If you need access to the physical form, there are forms available in the City Hall lobby, or you can reach out to the Community Development department at 978-629-1899 for a copy of the survey. All of your help is greatly appreciated. Park and Recreation will hosting the Annual Easter Egg Hunt and photos with the Easter Bunny, Saturday, March 23, 2024, at 12:00 PM, at Park hill Park & Sam Pawlak Community Playground, Pratt Road. The event is for ages 3-8 and is weather permitting. If anyone would like to make donations to the event please contact us at recreation@fitchburgma.gov Councilor Couture, will be hosting a Ward 3 Meeting, March 21, 2024, at 6:00 PM in the Legislative Building, 700 Main Street, Fitchburg, MA. Second Chance is presenting the Jefrrey P. Stephens low cost pet vaccine clinic at the Fitchburg Fire Department on Saturday, April 13, 2024 from 9:00 AM to noon. Visit Second Chance on the web to make a reservation and pay $22 for a microcip, $18 for rabies and other vaccinations. ----------------------------------------------------------------------------------------------------------------------- III. REPORT OF THE APPOINTMENTS COMMITTEE Appointments Committee Oral Report Meeting of March 19, 2024 New Appointment: Fitchburg Airport Commission (Term to expire March 19, 2027) Erik Tkal New Appointment: Fitchburg Airport Commission (Term to expire March 19, 2027) Paul Hathaway New Appointment: Full-Time Police Officers For the Fitchburg Police Department Nathan E. Jorge Benjamin R. Lima New Appointment: Permanent Full Time Firefighter For the City of Fitchburg Benjamin E. Nealon Re-Appointment: Fitchburg Airport Commission (Term to expire March 19, 2027) Clayton R. Raymond Re-Appointment: Fitchburg Agricultural Commission (Term to expire April 1, 2027) Evan Halstead Re-Appointment: Fitchburg Board of Parks Commissioners (Term to expire April 1, 2029) Colby O’Brien Re-Appointment: Fitchburg Board of Parks Commissioners (Term to expire April 1, 2029) David C. Brooks Motion and second to accept all appointments except the re-appointment of Evan Halstead by unanimous consent 10/0. 10 members present. Board consists of 11 members. Motion and second to approve re-appointment of Evan Halstead by a vote of 8 in favor and 2 opposed (Councilor Couture and DiNatale). 10 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- IV. REPORT OF COMMITTEE ON RECORDS The Committee on records reported the minutes of March 6, 2024 City Council meeting were correctly recorded. Report accepted and minutes adopted by unanimous consent 10/0. 10 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- V. COMMUNICATION From Her Honor the Mayor Route 2 Corridor Study MassDOT - Route 2 Corridor Study Waive reading. Report placed on file in the City Clerk’s Office by unanimous consent 10/0. 10 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- VI. ANNUAL REPORT 080-24. ANNUAL REPORT: Fitchburg Redevelopment Authority for Fiscal Year 2023 and the Audited Financials for Fiscal Year 2022. Memo to City Council FRA Annual Report - Fiscal Year 2023 FRA Audited Financials 081-24. ANNUAL REPORT: Fitchburg Fire Department for the FY 2023. Fitchburg Fire Department 2023 Annual Report Waive reading. Report placed on file in the City Clerk’s Office by unanimous consent 10/0. 10 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- VII. REPORT OF COMMITTEES City Property Committee Meeting of March 11, 2024 City Property Minutes 181-23. After receiving surplus needs survey from the City Clerk, declare as excess the following property and designate it to the Side Yard Sales Program. 12 Park Street 18-93-0 This parcel is a city tax possession, acquired through foreclosure in Land Court. Because it is owned by the city, it is currently exempt from taxation and the city is responsible for any maintenance. Sale of the property through the Side Yard Sales Program will return the property to the tax rolls and shift the maintenance responsibility to the new owner. (Be Granted as Amended) Petition was granted as amended by unanimous consent 10/0. 10 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- 005-24. ORDER THAT: the City of Fitchburg shall, through its Mayor Samantha M. Squailia, approve and authorize the execution of a Conservation Easement Agreement in form substantially similar to that attached hereto and authorize all other acts which will be necessary, helpful or convenient thereto, in order to effectuate the Zoning Board decision of September 27, 2023 as recorded in the Worcester North Registry of Deeds at Book 10655, Page 369. (Be Adopted) 1341 Rindge Rd. Easement Motion and second to recommit Order 005-24 back to City Property Committee by unanimous consent 10/0. 10 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- Finance Committee Meeting of March 13, 2024 Oral Report 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 (Approved) 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. (Approved) 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. (Approved) 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. (Approved) 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. (Approved) 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. (Approved) Report read and accepted with the exclusion of CDBG Year 50. Motion and Second to approve and adopt Orders 049-24 through 054-24 excluding the year 50 CDBG by unanimous consent 10/0. 10 members present. Board consists of 11 members. Orders signed by the Mayor March 22, 2024 -----------------------------------------------------------------------------------------------------------------------  Community Development Block Grant Year 50 (To be referred to the Finance Committee) CDBG Year 50 CDBG Year 50 ORDERS 055-24 THROUGH 076-24 Motion and Second to accept the report of the CDBG Year 50 by a vote of 9 in favor and 1 opposed (Councilor Beauchemin). 10 members present. Board consists of 11 members. Orders signed by the Mayor March 22, 2024 ----------------------------------------------------------------------------------------------------------------------- Public Safety Committee Meeting of March 19, 2024 Oral Report 046-24. Sasha Automotive, LLC, to petition for a Class II Dealer’s License located at 285 River St. Fitchburg, MA 01420 (Be Granted) 221-23. Councilor Beauchemin is requesting a loading area at the Senior Center at Elm Street adjacent to the ramp for loading and unloading food and equipment without receiving a parking ticket. (Give Leave to Withdraw) 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. (Give Leave to Withdraw) 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. (Give Leave to Withdraw) Report read and accepted. Petition 046-24 granted and petitions 221-23, 034-24 and 035-24 were Given Leave to Withdraw by unanimous consent 11/0. 11 members present. Board consists of 11 members. -----------------------------------------------------------------------------------------------------------------------  VIII. ORDERS – FINANCE Motion and second for suspension of rules on Order 085-24 by roll call vote of 10 in favor and 0 opposed. 10 members present. Board consists of 11 members. 085-24. ORDER THAT: there be and hereby is appropriated the sum of ONE HUNDRED FIFTEEN THOUSAND EIGHT HUNDRED NINETY AND 55/100 DOLLARS ($115,890.55) from RESERVE FOR APPROPRIATION - PEG ACCESS and transferred to INFORMATION TECHNOLOGY - FRANCHISE FEE for the purpose of remitting to FATV the fourth quarter 2023 franchise fees. Order adopted by unanimous consent 10/0. 10 members present. Board consist of 11 members. Order signed by Mayor March 22, 2024 ----------------------------------------------------------------------------------------------------------------------- 086-24. ORDER THAT: there be and hereby is appropriated the sum of THIRTEEN THOUSAND THREE HUNDRED NINETY DOLLARS ($13,390) same to be charged against AIRPORT RECEIPTS RESERVED and credited to AIRPORT IMPROVEMENTS. 087-24. ORDER THAT: there be and hereby is appropriated the sum of SEVEN HUNDRED TEN THOUSAND AND 00/100 DOLLARS ($710,000) from AVAILABLE FUNDS to credit SCHOOL DEPARTMENT - SCHOOL EXPENSES. Orders 065-24 through 087-24 stand referred to Finance. ----------------------------------------------------------------------------------------------------------------------- IX. RESOLUTION 082-24. RESOLUTION: in Support of Higher Ed for All Whereas Massachusetts public colleges and universities are among the state’s greatest resources; Whereas our public colleges and universities are anchor institutions that are a significant part of the foundation of our state’s regional economies and are essential to drive economic growth and provide essential services in our cities and towns; Whereas higher education is an important pathway to economic mobility, and public university graduates are much more likely to remain in Massachusetts after graduation, starting families, contributing to the economy, and forming the fabric of our local communities; Whereas public colleges and universities educate the majority of students of color and first- generation college students, and whereas there remains significant opportunity gaps demonstrated by lower college enrollments and completions, particularly for Latino and Black students; Whereas tens of thousands of students in Massachusetts graduate from high school each year but do not enroll in college, and 700,000 adults in our Commonwealth have earned some college credits but have not completed their degrees; and  Whereas new revenue from the Fair Share Amendment gives us the opportunity for transformative investments in public higher education that will remediate decades of underinvestment in public higher education, by providing students with the opportunity to graduate from public higher education debt-free, providing the supports for students that are critical to help them graduate, and investing in staff and faculty salaries so that our institutions can recruit and retain highly qualified educators who will be able to afford to live in the community in which they work. Whereas investing in our public higher education institutions means investing in the students, faculty and staff who are woven into our community and into our local economy. THEREFORE, be it resolved that the Fitchburg City Council urges the Legislature to pass the Cherish Act and support additional funding for public higher education; provided that a copy of this resolution shall forthwith be sent to the state legislative delegation. Motion and Second to approve Resolution 082-24 by 7 in favor and 3 opposed (Councilor Couture, DiNatale and Green) 10 members present. Board consists of 11 members. Resolution signed by the Mayor March 22, 2024 ----------------------------------------------------------------------------------------------------------------------- X. PETITIONS The following petitions were referred to the Public Works Committee: 083-24. City Councilor Bernie Schultz, on behalf of The Church of God Pentecostal M.I. at 276 Water Street, to request installation of Rectangular Rapid Flashing Beacons (RRFBs) at the 276 Water Street crosswalk. (Referred to Public Works) 084-24. City Councilor Bernie Schultz, on behalf of Pam Lawrence of 566 Milk Street and Rosemary Reynolds of 570 Milk Street, to request removal of tree stumps from recently cut down city trees, one tree stump in front of 566 Milk Street and the second tree stump in front of 570 Milk Street, and to also include sidewalk repair once the two tree stumps are removed. (Referred to Public Works) ----------------------------------------------------------------------------------------------------------------------- XI. OTHER BUSINESS Next Regular Meeting Tuesday, April 2, 2024, at 7:00 PM The meeting adjourned at 8:47 P.M. ___________________________________ Joanna Bilotta-Simeone, City Clerk