City Council

FITCHBURG CITY CLERK May 08 2024 2:59 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 April 16, 2024. The meeting was called to order by President Zarrella at 7:02 P.M. The meeting opened with a salute to the Flag led by City Clerk Bilotta. The City Clerk called the roll 8 Councilors were present, absent DiNatale, Fleming, and Walsh. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- I. PUBLIC FORUM Christine Yadlon in support of agenda item 272-23. Clayton Raymond in support of agenda item 272-23 & 098-24 Charline Laakso in support of agenda item 272-23. Jamie Wagner in support of agenda item 272-23 & 098-24 David Normandin in support of agenda item 272-23 & 098-24 Warren Tuiskula in support of agenda item 272-23 & 098-24 Christine Breton Shaw in support of agenda item 272-23 & 098-24 ----------------------------------------------------------------------------------------------------------------------- II. ANNOUNCEMENTS Councilor Schultz: The next meeting of the Widowed Helping Widowed Support Group will take place on Thursday, April 18, 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. Join the Fitchburg Health Department, Fitchburg Interagency Team and Mayor Samantha Squailia as the City of Fitchburg proclaims May Mental Health Awareness Month Tuesday, May 7, at 1:00 pm, City Hall Lobby, 718 Main Street. The public is welcome to attend and Refreshments will be served. All are invited to wear green in support, a variety of state and local resources specific to mental health will be available from local agencies. Representatives from the Massachusetts Department of Mental Health, Compass Clubhouse or Fitchburg Outreach will be in the City Hall lobby 11am-1pm from May 7 through May 10th to answer questions and provide resources to the public. For more information call (978) 829-1854 The Fitchburg Health Department and Fitchburg Police Department are again hosting National Prescription Drug Take Back Day. We offer a safe, convenient and anonymous way to dispose of unused prescription drugs and get them out of circulation, preventing possible addiction and/or overdose. Saturday, April 27, 2024, from 10am - 12 Noon, at the Legislative Building, 700 Main Street. You may Drive Up & Drop Off! *Narcan & Substance Use Disorder information will also be available For information call (978) 829-1854 Friday, April 19, 2024 at 11:00 Am “Raising of the Armenian Flag,” at City Hall, 700 Main Street, to be immediately followed by a brief reception in the East Meeting room with Armenian-style refreshments. Free and all welcome. Email: scragin@fitchburgma.gov for more. Sunday, April 21, 2024 from 2:00 PM through 3:00 PM, “Armenian Genocide Remembrance Day: Poetry and Storytelling,” at Leominster Library. Join us to celebrate the art and culture of Armenian people. We will honor our ancestors by commemorating the 1915 Genocide and share stories and poems. Light Armenian-style refreshments will be provided. Hosted by Sally Cragin, Christopher Tigran Cragin Warner and George Mirijanian. Second Chance Animal Services vaccinated 102 pets on Saturday, April 13, 2024, 58 dogs and 44 cats, which is a new record for cats. More than half the pets came from Fitchburg. Thank you to the Fitchburg Fire Department for hosting the event. City Cleanups and Events are 8:00 AM – 12:00 PM at the following locations: April 20th - volunteers meet @ lot High/Academy Streets April 27: volunteers meet @ Daniels Street Park May 4th: Volunteers meet @ 44 Wanoosnoc Road May 11th: Volunteers meet @ BAC/Stanley Park, 1 Simonds Road ----------------------------------------------------------------------------------------------------------------------- III. REPORT OF THE APPOINTMENTS COMMITTEE Appointments Committee Oral Report Meeting of April 16, 2024 New Appointment: Fitchburg Board of Registrars (Term to expire April 1, 2027) James P. McNamara Report accepted by unanimous consent 8/0. 8 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- IV. REPORT OF COMMITTEE ON RECORDS The Committee on records reported the minutes of April 2, 2024 City Council meeting were correctly recorded. Report accepted and minutes adopted by unanimous consent 8/0. 8 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- V. SPECIAL PRESENTATION Rail Trail Update Memo Twin Cities Rail Trail Update Recommendation Twin Cities Rail Trail -----------------------------------------------------------------------------------------------------------------------  VI. COMMUNICATION From Her Honor the Mayor 1. Re-Appointment letter: Eric Mbunwe, as a member of the Fitchburg Board of Trustees for the Public Library, for a term to expire on May 1, 2027. 2. New Appointment letter: Full-Time Student Police Officers for the Fitchburg Police Department Favian Rodriguez Pha Lee Rachel Lake Jameson Carroll Luiz De Souza Michael Provencher Appointment stands referred to the Appointments Committee. ----------------------------------------------------------------------------------------------------------------------- VII. ANNUAL REPORT 093-24. ANNUAL REPORT: Auditor’s report for the year ended June 30, 2023. Financial Statements for the year ending June 30, 2023 Single Audit Report Waive the reading of the Report, Report accepted and placed on file in the City Clerk’s Office ----------------------------------------------------------------------------------------------------------------------- VIII. REPORT OF COMMITTEES Finance Committee Meeting of April 10, 2024 Oral Report 088-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of grant funds from the Department of Fire Services Firefighter Safety Equipment Grant in the approximate amount of TWENTY-FOUR THOUSAND EIGHT HUNDRED FORTY DOLLARS ($24,840) for the purpose of purchasing an accountability board/mobile command console, scene lighting, a rescue boat, and lifting air bags. (Be Adopted) 089-24. ORDER THAT: there be and hereby is appropriated the sum of ONE MILLION NINE HUNDRED THOUSAND AND 00/100 DOLLARS ($1,900,000) from AVAILABLE FUNDS to credit EMPLOYEE BENEFITS – HEALTH INSURANCE. (Be Adopted) 090-24. ORDER THAT: there be and hereby is appropriated the sum of THREE HUNDRED TWENTY-TWO THOUSAND FOUR HUNDRED THIRTY AND 00/100 DOLLARS ($322,430) from AVAILABLE FUNDS to credit SCHOOL DEPARTMENT - TRANSPORTATION. (Be Adopted) Report read and accepted. Orders adopted by unanimous consent 8/0. 8 members present. Board consists of 11 members. Orders signed by the Mayor April 25, 2024 ----------------------------------------------------------------------------------------------------------------------- Legislative Affairs Committee Meeting of April 10, 2024 Oral Report 092-24. Pursuant to M.G.L. 64G §3A, amend the City of Fitchburg local room occupancy excise to the rate of SIX PERCENT (6%). (Be Granted) 097-23. Petition to review attached disclosure Municipal Employees pursuant to G.L c268A, §20 (a) (b) to approve the same. (Be Held) 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. (Be Held) Report read accepted by unanimous consent 8/0. 8 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- 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. (Be Granted) Motion and second to amend petition 272-23 by vote of 5/3 (Couture, Green, Schultz) motion passes. 8 members present. Board consists of 11 members. Motion and second to grant petition as amended by unanimous consent 8/0. 8 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- IX. ORDERS – FINANCE 094-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of grant funds from the Massachusetts Department of Environmental Protection Sewage Notification Assistance Grant Program, in the approximate amount of ONE HUNDRED SEVENTEEN THOUSAND FIVE HUNDRED FORTY-EIGHT DOLLARS ($117,548), the purpose of which is to support municipalities in meeting the requirement to promote public awareness of sewage pollution. 095-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of grant funds awarded by Massachusetts Office of Outdoor Recreation in the approximate  amount of FIVE THOUSAND DOLLARS ($5,000) for the purpose of sponsoring a Junior Park Ranger Program. Orders 094-24 and 095-24 stand referred to Finance Committee. ----------------------------------------------------------------------------------------------------------------------- X. ORDERS – OTHER 096-24. ORDER THAT: AN ORDER TO AUTHORIZE ACQUISITION OF LAND IN CONNECTION WITH THE CONSTRUCTION OF THE TWIN CITIES RAIL TRAIL THAT the City Council of the City of Fitchburg by virtue of and in accordance with the authority of the provisions of Chapter 79 of the Massachusetts General Laws, as amended, and of any and every other power and authority which is hereunto in any way enabling, hereby adopts this Order of Taking to acquire, by purchase, gift, eminent domain or otherwise acquire, permanent and temporary easements, and fee interests in certain real estate located along Railroad Street, Sawyer Passway, and Main Street [. . .] for public general municipal purposes, specifically the construction of the Twin Cities Rail Trail, Phase II, and to authorize the Mayor of Fitchburg to execute an Order(s) of Taking to effectuate the purposes of this vote: and THAT upon the recording of such order, compensation in the amount of Two Hundred Thirty Three Thousand Eight Hundred Dollars ($233,800.00), be paid to the Owners of said properties as full compensation for all damages sustained by them as a result of said taking; and THAT, Mayor and the Treasurer are authorized to take any other action necessary or convenient to carry out this vote. Motion and second to leave to withdraw by unanimous consent 8/0. 8 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- XI. LOAN ORDER 051-24. LOAN ORDER: 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. Waive final reading by unanimous consent 8/0. 8 members present. Board consists of 11 members. Motion and second to send Loan Order to a third and final reading to be enrolled and advertised by roll call vote of 8 in favor and 0 opposed. 8 members present. Board consists of 11 members. Loan Order signed by the Mayor April 17, 2024 ----------------------------------------------------------------------------------------------------------------------- XII. PETITIONS The following petition was referred to City Property Committee: 097-24. Authorize the Mayor to enter into a Land Disposition Agreement (“LDA”) with the Commonwealth of Massachusetts Acting by and through its Division of Capital Asset Management and Maintenance for the property located at 84 Elm Street, Assessor’s Map 42/27/0 (the “Property”); and Authorize the Mayor to purchase said Property for $1.00 and one half of the Net Proceeds of any future sale of the Property to a third party; and Declare the Property surplus once the City owns the Property and authorize for purposes of sale. Land Disposition Agreement ----------------------------------------------------------------------------------------------------------------------- The following petition was referred to Legislative Affairs Committee: 098-24. Councilor Andrew J. Couture on behalf of the Shea Street neighborhood group to initiate a temporary moratorium on large scale solar farm until such time as the zoning charges be voted on and approved in petition 272-23. ----------------------------------------------------------------------------------------------------------------------- The following petition was referred to a Public Hearing on May 7, 2024: 099-24. Verizon New England, Inc. to request permission to place on (1) four (4) inch conduit at the intersection of Main Street and Lunenburg Street as outlined in the enclosed petition. Motion and second to refer to a Public Hearing on May 7, 2024 by unanimous consent 8/0. 8 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- XIII. OTHER BUSINESS Next Regular Meeting Tuesday, May 7, 2024, at 7:00 PM The meeting adjourned at 7:56 P.M. ___________________________________ Joanna Bilotta-Simeone, City Clerk