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City Council

Regular Meeting

Fitchburg, MA · May 7, 2024

AgendaMinutes

Minutes

FITCHBURG CITY CLERK May 22 2024 4:03 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 May 7, 2024. The meeting was called to order by President Zarrella at 7:07 P.M. The meeting opened with a salute to the Flag led by Councilor DiNatale. The City Clerk called the roll 11 Councilors were present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- I. PUBLIC FORUM No one from the public provided any comments. ----------------------------------------------------------------------------------------------------------------------- II. ANNOUNCEMENTS Councilor Schultz: The next meeting of the Widowed Helping Widowed Support Group will take place on Thursday, May 16, 2024 from 4 until 5:30 p.m. in the Program Room at the Fitchburg Public Library, 166 Boulder Drive. Kelley Lynn and Bernie Schultz will co-facilitate the meeting. The first monthly meeting of the Widowed Helping Widowed Support Group at the Fitchburg Senior Center, 14 Wallace Avenue, will take place on Thursday, June 6, 2024 from 2:30 until 4:00 p.m. in the Card Room. Bonnie Shayler and Bernie Schultz will co-facilitate the meeting. This initial monthly meeting at the Fitchburg Senior Center of the Widowed Helping Widowed Support Group is an additional regular meeting of the group. The Widowed Helping Widowed Support Group will continue to meet every other Thursday at the Fitchburg State University Recreation Center unless otherwise noted. Fitchburg Ward 1 City Councilor Bernie Schultz is hosting a Ward 1 Community Meeting on Monday, May 13, 2024 at 6:30 p.m. right here in the Fitchburg Legislative Building. Mayor Sam Squailia and Community Development and Planning Department Executive Director Liz Murphy will make presentations, and then answer questions following their presentations. This meeting on May 13 will be the last Ward 1 meeting until September. Like last year, there are no Ward 1 meetings scheduled during the summer months (June, July, and August). City Councilors and the community are invited to upcoming free public events at the Fitchburg Historical Society: Sunday, May 12 (Mother's Day), a performance by actress Rita Parisi, as Mrs. Michael Gordon, a woman from 1908, reflecting on new issues and new ways of life in the Turn of the Century era. To be accompanied by tea and snacks for the audience. To accompany the event, there is a temporary exhibition of ladies' hats from all eras of Fitchburg history on view at the Fitchburg Historical Society, Phoenix Building, 781 Main Street. Open Mondays through Wednesdays. For more information, call 978-345-1157. Also, May has been proclaimed Historic Preservation Month in Fitchburg, and the Fitchburg Historical Society and Fitchburg Historical Commission will be making a presentation on historic preservation on Thursday, May 23 starting at 4 p.m. This will also be a Freedom's Way Hidden Treasures event. May 5 – May 11th is Professional Municipal Clerk’s Week! Join us for Coffee with the City Clerk’s Office tomorrow morning 8:00 AM – 10:00 AM, City Hall Lobby. Enjoy a coffee, chat, and ask questions about the duties of the City Clerk and its functions in local government. ----------------------------------------------------------------------------------------------------------------------- III. REPORT OF THE APPOINTMENTS COMMITTEE Appointments Committee Oral Report Meeting of May 7, 2024 Re- Appointment: Fitchburg Board of Trustees for the Public Library (Term to expire May 1, 2027) Eric Mbunwe New Appointments: Full-Time Student Police Officers Fitchburg Police Department Favian Rodriguez (Leave to Withdraw) Pha Lee (Leave to Withdraw) Rachel Lake Jameson Carroll Luiz De Souza Michael Provencher Report read and accepted. Favian Rodriguez and Pha Lee were given Leave to Withdraw 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 April 16, 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. ----------------------------------------------------------------------------------------------------------------------- VI. COMMUNICATION From Her Honor the Mayor 1. New-Appointment letter: Jonathan Thompson, as a member of the Fitchburg Board of Commissioners of Trust Funds, for a term to expire on January 19, 2027. 2. New-Appointment letter: Josiah W. Richards, as a member of the Fitchburg Board of Commissioners of Trust Funds, for a term to expire on January 16, 2025. ----------------------------------------------------------------------------------------------------------------------- 3. New-Appointment letter: Joseph D. Byrne, as a member of the Fitchburg Water & Wastewater Commission, for a term to expire on May 1, 2028. Taken out of order: Suspension of rules by roll call vote of 11 in favor and 0 opposed. 11 members present. Board consists of 11 members. Appointment was approved by unanimous consent 11/0. 11 members present. Board consist of 11 members. ----------------------------------------------------------------------------------------------------------------------- 4. New-Appointment letter: Janice M. Spellane, as a member of the Fitchburg Housing Authority Board, for a term to expire May 1, 2029. 5. New-Appointment letter: Anne Fitch, as a member of the Fitchburg Council on Aging, for a term to expire May 1, 2027. 6. New-Appointment letter: Rose D’Alessio, as a member of the Fitchburg Council on Aging, for a term to expire May 1, 2027. 7. New-Appointment letter: Eleanor Zichelle, as a member of the Fitchburg Council on Aging, for a term to expire May 1, 2027. 8. New-Appointment letter: Elmer Eubanks-Archbold, as a member of the Fitchburg Board of Registrars, for a term to expire April 1, 2027. 9. New-Appointment letter: Dominic Iacopino, as a member of the Fitchburg Agricultural Commission, for a term to expire April 1, 2025. 10. New-Appointment letter: Brad Joseph Pelletier, as a member of the Fitchburg Conservation Commission, for a term to expire May 1, 2027. 11. New-Appointment letter: Kathryn D. Wallace, as a member of the Fitchburg Conservation Commission, for a term to expire May 1, 2027. 12. Re-Appointment letter: Richard Boscardin, as a member of the Fitchburg Board of License Commissioners, for a term to expire May 1, 2030. 13. Re-Appointment letter: Sophia Bogdasarian, as a member of the Fitchburg Board of Commissioner of Trust Funds, for a term to expire January 20, 2026. Appointment stand referred to the Appointments Committee. ----------------------------------------------------------------------------------------------------------------------- Promotion Letter 1. Promotion letter: Officer Joshua Lambert to the rank of Permanent Police Sergeant. Promotion was read and filed in the City Clerk’s Office. ----------------------------------------------------------------------------------------------------------------------- VI. COMMUNICATION BOARD OF HEALTH Board of Health Meeting of March 14, 2024 BOH Minutes 030-24. Andrew Couture on behalf of the residents of Oak Ridge Condominiums to investigate an offensive odor (suspected from Grief paper). Report read and accepted. Petition being held in Board of Health. ----------------------------------------------------------------------------------------------------------------------- VII. COMMUNICATION COMMUNITY DEVELOPMENT The City has been working with numerous housing developers within our downtown area to assist in preparing and positioning their projects for Housing Development Incentive Program, (HDIP), market rate tax credits. In order for developers to apply to the Executive Office of Housing and Livable Communities, (EOHLC) for these tax credits, the City must enter into a Tax Increment Exemption Agreement, or TIE Agreement. The next round of HDIP tax credits should be July of 2024. To that end, before you are the following proposed TIE agreements: 1. 280-288 Main St.- CMK Development, (together with 326-344 Main St, 80 units) 2. 326-344 Main St.- CMK Development, (together with Main St, 280-288 80 units) 3. 329-335 Main St.- PProps Development 8 units 4. 347-355 Main St.-Watch Us Grow, 8 units 5. 633-639 Main St.- Prime Real Estate Investment, 16 units Stands referred to Econimic Development. ----------------------------------------------------------------------------------------------------------------------- VIII. REPORT OF COMMITTEES Finance Committee Meeting of April 24, 2024 Finance Committee Minutes 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. (Be Adopted) 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. (Be Adopted) Report read accepted by unanimous consent 11/0. 11 members present. Board consists of 11 members. Orders signed by Mayor May 15, 2024 ----------------------------------------------------------------------------------------------------------------------- IX. PUBLIC HEARING 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. President Zarrella declared the hearing open at 7:40 PM No one spoke in favor of or in opposition to the petition. President Zarrella declared the hearing closed at 7:42 PM. Petition granted by by unanimous consent 11/0. 11 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- X. ORDERS – FINANCE Waive reading on Orders 101-24 through 105-24. Orders stand referred to the Finance Committee. 101-24. ORDER THAT: the City of Fitchburg hereby transfers the sum of TWO HUNDRED THIRTY-THREE THOUSAND EIGHT HUNDRED DOLLARS ($233,800) from COMMUNITY DEVELOPMENT – CONSTRUCTION to COMMUNITY DEVELOPMENT – TWIN CITIES RAIL TRAIL PHASE II for the purpose of acquiring rights of way to complete Phase II of the Twin Cities Rail Trail project. 102-24. ORDER THAT: there be and hereby is appropriated the sum of SIXTY THOUSAND DOLLARS ($60,000) from CEMETERY - PERPETUAL CARE to CEMETERY – CAPITAL REPAIRS to mitigate water issues in Section Q and the memorial garden areas, and help with preparation for a new columbaria unit. 103-24. ORDER THAT: there be and hereby is appropriated the sum of FOUR THOUSAND FOUR HUNDRED EIGHTY-SEVEN DOLLARS ($4,487) from VETERANS BENEFITS – Cash Benefits to VETERANS EXPENSES – Office Expense. 104-24. ORDER THAT: there be and hereby is appropriated the sum of ONE THOUSAND SIX HUNDRED TWELVE DOLLARS ($1,612) from VETERANS BENEFITS – Cash Benefits to VETERANS PERSONAL SERVIES – Clerical. 105-24. ORDER THAT: there be and hereby is appropriated the sum of TWENTY-FIVE THOUSAND ($25,000) from FIRE DEPT – PERSONAL SERVICES - MECHANICS to FIRE DEPT – EQUIPMENT & REPAIR – AUTO REPAIR. ----------------------------------------------------------------------------------------------------------------------- 106-24. ORDER THAT: there be and hereby is appropriated the sum of ONE MILLION EIGHT HUNDRED THREE THOUSAND TWO HUNDRED NINETY-TWO AND 37/100 DOLLARS ($1,803,292.37) crediting RESERVE FOR MUNICIPAL PURPOSES, and charging the following ARPA accounts: Unappropriated Available Funds $1,190,534.11 COVID Test/Trace/Vaccinate $312,758.26 Rental Repair Program $250,000.00 Storefront Activation $50,000.00 107-24. ORDER THAT: there be and hereby is appropriated the sum of ONE HUNDRED SIXTY-FOUR THOUSAND ($164,000) from PARKS DEPARTMENT CAPITAL crediting RESERVE FOR MUNICIPAL PURPOSES. 108-24. ORDER THAT: there be and hereby is appropriated the sum of ONE MILLION FOUR HUNDRED THOUSAND ($1,400,000) from FIRE DEPT – VEHICLE REPLACEMENT to RESERVE FOR MUNICIPAL PURPOSES. XI. LOAN ORDER 100-24. LOAN ORDER: that ONE MILLION FOUR HUNDRED THOUSAND DOLLARS ($1,400,000) is appropriated for purchasing and equipping an aerial ladder truck for the Fitchburg Fire Department, including all costs incidental and related thereto; that to meet this appropriation the Treasurer with the approval of the Mayor is authorized to borrow $1,400,000 under G.L. c.44, §7(1) or any other enabling authority; that the Mayor is authorized to contract for and expend any federal or state aid available for the project; that the Mayor is authorized to take any other action necessary to carry out this project; and that the Treasurer is authorized to file an application with the Municipal Finance Oversight Board to qualify under Chapter 44A of the General Laws any or all of the bonds authorized by this order and to provide such information and execute such documents as the Municipal Finance Oversight Board may require for these purposes. Suspension of rules requested on Orders 106-24 through 108-24 and Loan Order 100-24. Motion and second for Suspension of Rules by roll call vote of 7 in favor and 4 opposed (Couture, DiNatale, Fleming and Green). Suspension of Rules fails. 11 members present. Board consists of 11 members. Orders 106-24 through 108-24 and Loan Order 108-24 stand referred to the Finance Committee. ----------------------------------------------------------------------------------------------------------------------- XII. OTHER BUSINESS Next Regular Meeting Tuesday, May 21, 2024, at 7:55 PM The meeting adjourned at 7:56 P.M. ___________________________________ Joanna Bilotta-Simeone, City Clerk

Agenda

FITCHBURG CITY CLERK May 03 2024 3:57 pm WELCOME TO THE FITCHBURG CITY COUNCIL 1:04 pm, May 06, 2024 May 7, 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 May 7, 2024 Re- Appointment: Fitchburg Board of Trustees for the Public Library (Term to expire May 1, 2027) Eric Mbunwe New Appointments: Full-Time Student Police Officers Fitchburg Police Department Favian Rodriguez Pha Lee Rachel Lake Jameson Carroll Luiz De Souza Michael Provencher IV. REPORT OF COMMITTEE ON RECORDS V. COMMUNICATION From Her Honor the Mayor 1. New-Appointment letter: Jonathan Thompson, as a member of the Fitchburg Board of Commissioners of Trust Funds, for a term to expire on January 19, 2027. 2. New-Appointment letter: Josiah W. Richards, as a member of the Fitchburg Board of Commissioners of Trust Funds, for a term to expire on January 16, 2025. 3. New-Appointment letter: Joseph D. Byrne, as a member of the Fitchburg Water & Wastewater Commission, for a term to expire on May 1, 2028. 4. New-Appointment letter: Janice M. Spellane, as a member of the Fitchburg Housing Authority Board, for a term to expire May 1, 2029. Page 1 5. New-Appointment letter: Anne Fitch, as a member of the Fitchburg Council on Aging, for a term to expire May 1, 2027. 6. New-Appointment letter: Rose D’Alessio, as a member of the Fitchburg Council on Aging, for a term to expire May 1, 2027. 7. New-Appointment letter: Eleanor Zichelle, as a member of the Fitchburg Council on Aging, for a term to expire May 1, 2027. 8. New-Appointment letter: Elmer Eubanks-Archbold, as a member of the Fitchburg Board of Registrars, for a term to expire April 1, 2027. 9. New-Appointment letter: Dominic Iacopino, as a member of the Fitchburg Agricultural Commission, for a term to expire April 1, 2025. 10. New-Appointment letter: Brad Joseph Pelletier, as a member of the Fitchburg Conservation Commission, for a term to expire May 1, 2027. 11. New-Appointment letter: Kathryn D. Wallace, as a member of the Fitchburg Conservation Commission, for a term to expire May 1, 2027. 12. Re-Appointment letter: Richard Boscardin, as a member of the Fitchburg Board of License Commissioners, for a term to expire May 1, 2030. 13. Re-Appointment letter: Sophia Bogdasarian, as a member of the Fitchburg Board of Commissioner of Trust Funds, for a term to expire January 20, 2026. Promotion Letter 1. Promotion letter: Officer Joshua Lambert to the rank of Permanent Police Sergeant. Page 2 VI. COMMUNICATION BOARD OF HEALTH Board of Health Meeting of March 14, 2024 BOH Minutes 030-24. Andrew Couture on behalf of the residents of Oak Ridge Condominiums to investigate an offensive odor (suspected from Grief paper). (Waiting for the next BOH meeting) VII. COMMUNICATION COMMUNITY DEVELOPMENT The City has been working with numerous housing developers within our downtown area to assist in preparing and positioning their projects for Housing Development Incentive Program, (HDIP), market rate tax credits. In order for developers to apply to the Executive Office of Housing and Livable Communities, (EOHLC) for these tax credits, the City must enter into a Tax Increment Exemption Agreement, or TIE Agreement. The next round of HDIP tax credits should be July of 2024. To that end, before you are the following proposed TIE agreements: 1. 280-288 Main St.- CMK Development, (together with 326-344 Main St, 80 units) 2. 326-344 Main St.- CMK Development, (together with Main St, 280-288 80 units) 3. 329-335 Main St.- PProps Development 8 units 4. 347-355 Main St.-Watch Us Grow, 8 units 5. 633-639 Main St.- Prime Real Estate Investment, 16 units (Refer to Economic Development) VIII. REPORT OF COMMITTEES Finance Committee Meeting of April 24, 2024 Finance Committee Minutes 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. (Be Adopted) 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. (Be Adopted) Page 3 IX. PUBLIC HEARINGS 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. X. ORDERS – FINANCE 101-24. ORDER THAT: the City of Fitchburg hereby transfers the sum of TWO HUNDRED THIRTY-THREE THOUSAND EIGHT HUNDRED DOLLARS ($233,800) from COMMUNITY DEVELOPMENT – CONSTRUCTION to COMMUNITY DEVELOPMENT – TWIN CITIES RAIL TRAIL PHASE II for the purpose of acquiring rights of way to complete Phase II of the Twin Cities Rail Trail project. 102-24. ORDER THAT: there be and hereby is appropriated the sum of SIXTY THOUSAND DOLLARS ($60,000) from CEMETERY - PERPETUAL CARE to CEMETERY – CAPITAL REPAIRS to mitigate water issues in Section Q and the memorial garden areas, and help with preparation for a new columbaria unit. 103-24. ORDER THAT: there be and hereby is appropriated the sum of FOUR THOUSAND FOUR HUNDRED EIGHTY-SEVEN DOLLARS ($4,487) from VETERANS BENEFITS – Cash Benefits to VETERANS EXPENSES – Office Expense. 104-24. ORDER THAT: there be and hereby is appropriated the sum of ONE THOUSAND SIX HUNDRED TWELVE DOLLARS ($1,612) from VETERANS BENEFITS – Cash Benefits to VETERANS PERSONAL SERVIES – Clerical. 105-24. ORDER THAT: there be and hereby is appropriated the sum of TWENTY-FIVE THOUSAND ($25,000) from FIRE DEPT – PERSONAL SERVICES - MECHANICS to FIRE DEPT – EQUIPMENT & REPAIR – AUTO REPAIR. 106-24. ORDER THAT: there be and hereby is appropriated the sum of ONE MILLION EIGHT HUNDRED THREE THOUSAND TWO HUNDRED NINETY-TWO AND 37/100 DOLLARS ($1,803,292.37) crediting RESERVE FOR MUNICIPAL PURPOSES, and charging the following ARPA accounts: Unappropriated Available Funds $1,190,534.11 COVID Test/Trace/Vaccinate $312,758.26 Rental Repair Program $250,000.00 Storefront Activation $50,000.00 (Suspension of Rules) 107-24. ORDER THAT: there be and hereby is appropriated the sum of ONE HUNDRED SIXTY-FOUR THOUSAND ($164,000) from PARKS DEPARTMENT CAPITAL crediting RESERVE FOR MUNICIPAL PURPOSES. (Suspension of Rules) 108-24. ORDER THAT: there be and hereby is appropriated the sum of ONE MILLION FOUR HUNDRED THOUSAND ($1,400,000) from FIRE DEPT – VEHICLE REPLACEMENT to RESERVE FOR MUNICIPAL PURPOSES. (Suspension of Rules) Page 4 XI. LOAN ORDER 100-24. LOAN ORDER: that ONE MILLION FOUR HUNDRED THOUSAND DOLLARS ($1,400,000) is appropriated for purchasing and equipping an aerial ladder truck for the Fitchburg Fire Department, including all costs incidental and related thereto; that to meet this appropriation the Treasurer with the approval of the Mayor is authorized to borrow $1,400,000 under G.L. c.44, §7(1) or any other enabling authority; that the Mayor is authorized to contract for and expend any federal or state aid available for the project; that the Mayor is authorized to take any other action necessary to carry out this project; and that the Treasurer is authorized to file an application with the Municipal Finance Oversight Board to qualify under Chapter 44A of the General Laws any or all of the bonds authorized by this order and to provide such information and execute such documents as the Municipal Finance Oversight Board may require for these purposes. (Suspension of Rules) XII. OTHER BUSINESS Next Regular Meeting Tuesday, May 21, 2024, at 7:00 PM Page 5

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