City Council

FITCHBURG CITY CLERK Jul 03 2024 9:31 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 June 4, 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 President Zarrella. The City Clerk called the roll 9 Councilors were present (DiNatale and Fleming absent). Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- I. PUBLIC FORUM No one from the public provided any comments. ----------------------------------------------------------------------------------------------------------------------- II. ANNOUNCEMENTS The next meeting of the Widowed Helping Widowed Support Group will take place on Thursday, June 13, 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. 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. The City of Fitchburg has been approved for a grant that allows us to greatly subsidize the cost of backyard composting bins. These bins are great for anyone with a garden, or even those with indoor plants. Backyard composting is a great way to help alleviate the waste going to our quickly filling landfills, while providing a nutrient rich fertilizer for home plantings. The bins are made of recycled plastics, and have easy to read assembly instructions that are available in English, Spanish and Portuguese. You must be a resident of Fitchburg to qualify and there is a limit of two per household. Compost bin pickups will be at City Hall, and will be arranged during the months of June and July. You will receive an email notifying you when they are available along with the pickup dates. If there are any questions they can be referred to Sean-Michael or Jean Francois at the Board of Health. BoardOfHealth@fitchburgma.gov or 978-829-1870. Monday, June 10, 6 pm “Community Conversation About Pets,” Legislative Building, 700 Main St. Fitchburg. With Fitchburg Animal Control Officer Todd Pickett, Nicole Roberts, Ahimsa Haven Animal Rescue, Street Cat Angels, City Councilor Sally Cragin and other members of City Council, and Be PAWSitve Therapy Pets. Join residents and animal advocates for a presentation and conversation about animal issues in Fitchburg. There has been an over-population of stray cats who are dehydrated and malnourished, and a large number of unclaimed stray dogs in our city. We need to work together to share information, resources, and efforts to halt over-population in our area shelters. Light refreshments, and TheraPAWS pet teams will be present. Again that’s Monday, June 10, 6 pm “Community Conversation About Pets,” Legislative Building, 700 Main St. Fitchburg. Tuesday, June 18, 11am “Creating a Friends Group,” at Fitchburg Historical Society, 784 Main St., Fitchburg. Meeting of people interested in creating a Friends Group for Forest Hill Cemetery, contact Councilor Sally Cragin. Councilor Couture, will be hosting a Ward 3 Meeting, June 20, 2024, at 6:00 PM in the Legislative Building, 700 Main Street, Fitchburg, MA. ----------------------------------------------------------------------------------------------------------------------- III. REPORT OF THE APPOINTMENTS COMMITTEE Appointments Committee Oral Report Meeting of June 4, 2024 New Appointment: Michaela E. Horn, as Treasurer / Tax Collector in Training, effective June 5, 2024, followed by official appointment as Treasurer / Tax Collector on June 22, 2024, for a term to expire June 22, 2027. Motion and second to accept the appointment of Michael E. Horn by unanimous consent 9/0. 9 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- New Appointment: Full-Time Special Police Officer Fitchburg Police Department James R. Arciprete Motion and second to accept the appointment of Special Police Officer James R. Arciprete by unanimous consent 9/0. 9 members present. Board consists of 11 members. -----------------------------------------------------------------------------------------------------------------------  IV. REPORT OF COMMITTEE ON RECORDS The Committee on records reported the minutes of May 21, 2024 Regular City Council meeting, May 22, 2024 Council as a Whole meeting and May 23, 2024 Council as a Whole meeting were correctly recorded. Report accepted and minutes adopted by unanimous consent 9/0. 9 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- V. COMMUNICATION From Her Honor the Mayor 1. New Appointment letter: James M. Bunnell, as the Tree Warden for the City of Fitchburg, for a term to expire on June 4, 2027. (Suspension of Rules) Motion and second for suspension of rules by unanimous consent 9/0. 9 members present. Board consists of 11 members. Appointment was approved by unanimous consent 9/0. 9 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- VI. 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. As you may recall, several TIE agreements were previously submitted to you. This is the last project that has requested TIE agreements to date. The following proposed TIE agreements represent one project: 1. 87 River St., - IV J Group 2. 89 River St., - IV J Group 3. 91 River St., - IVJ Group (Refer to Economic Development) Stands referred to Economic Development ---------------------------------------------------------------------------------------------------------------------- VII. SPECIAL PRESENTATION Fitchburg Creative City Partnership See attached. Slides for presentation -----------------------------------------------------------------------------------------------------------------------  VIII. REPORT OF COMMITTEES City Property Meeting of June 4, 2024 Oral Report 135-24. ORDER THAT: Whereas, a certain utility easement is needed to provide fire suppression for the structure located at 305 Main Street. NOW THEREFORE, IT IS ORDERED that the City of Fitchburg upon a vote of the City Council in accordance with G.L. c. 40 sec. 15, shall authorize the Mayor, Samantha M. Squailia, approve and authorize the execution and delivery of the attached utility easement document in the current or substantially similar form and to authorize all other ats and documents which may be necessary, helpful or convenient to effectuate and ensure the execution of said easement. (Be Adopted) 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 (Be Granted) 037-24. That 84 North St., more fully described as Fitchburg Assessors Map 44, Block 110, Lot 0, be declared as surplus property. (Be Held) 011-24. Confirming that the City is to proceed with Phase II of the Twin Cities Rail Trail Project and to take all necessary actions to appropriate funds, conduct takings of easements as identified on the 100% Plans and any further DOT approved Plans, and any further actions necessary, convenient, and helpful to facilitate the completion of the Phase II project. 100% Plans (Be Granted) Motion and second to accept the report by unanimous consent 9/0. 9 members present. Board consists of 11 members. Order signed by the Mayor June 11, 2024 ----------------------------------------------------------------------------------------------------------------------- Finance Committee Meeting of May 22, 2024 Oral Report 109-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of grant funds from the Executive Office of Health & Human Services Public Health Excellence Grant for FY25-FY27 in the approximate amount of ONE MILLION SIX HUNDRED SIXTY-SEVEN THOUSAND THREE HUNDRED THIRTY- NINE AND 40/100 DOLLARS ($1,667,339.40). The funding will improve public health systems and support staffing for the Montachusett Public Health Network of 13 communities to expand on shared services. (Be Adopted 4-1) 110-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of grant funds from the Department of Public Health Infectious Disease Investigation and Response Grant for FY25-FY26 in the approximate amount of THREE HUNDRED SIXTY THOUSAND DOLLARS ($360,000) to support services in all 13 communities of the Montachusett Public Health Network (MPHN) including Disease Investigators and a Disease Resource Officer. (Be Adopted 4-1) 111-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of grant funds from the UMass Memorial Health Determination of Need (DoN) Grant in the approximate amount of TEN THOUSAND DOLLARS ($10,000). The funds will support efforts in a collaboration to provide free medical services to the underinsured, uninsured, in the City of Fitchburg. (Be Adopted 4-1) 112-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of grant funds from Waste Management in the approximate amount of TEN THOUSAND DOLLARS ($10,000). This Betterment reimbursement grant will support efforts to improve and add trash receptacles on Main Street, and other areas if funds allow. (Be Adopted) 113-24. ORDER THAT: the City of Fitchburg hereby approves the transfer of EIGHTY- FIVE THOUSAND DOLLARS ($85,000) from POLICE PERSONAL SERVICES - Patrol to the following accounts: POLICE PERSONAL SVCS – Overtime $30,000 POLICE EQUP & REPAIR – Auto Repair $25,000 POLICE MNTC OF BUILDING – Bldg Repair $30,000 (Be Adopted) 114-24. ORDER THAT: there be and hereby is transferred the sum of THREE HUNDRED THOUSAND DOLLARS ($300,000) from WATER ENTERPRISE - RETAINED EARNINGS to WATER ENTERPRISE – WATER SYSTEM IMPROVEMENTS, for completion of upgrades to the Pump Station serving the Montachusett Industrial Park. (Be Adopted) 115-24. ORDER THAT: there be and hereby is transferred the sum of SEVENTY THOUSAND DOLLARS ($70,000) to WATER ENTERPRISE – OVERTIME from the following WATER ENTERPRISE accounts: RETAINED EARNINGS $35,000 PERSONAL SVCS – Sick/Pers Buyback $15,000 PERSONAL SVCS – Summer Help $20,000 (Be Adopted) 116-24. ORDER THAT: there be and hereby is transferred the sum of NINETY THOUSAND DOLLARS ($90,000) from WASTEWATER EAST PERSONAL SERVICES – Operators to WASTEWATER EAST – Overtime. (Be Adopted) 117-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds distributed from the Commonwealth of Massachusetts Disaster Relief Fund in the approximate amount of ONE MILLION ONE HUNDRED FORTY THOUSAND DOLLARS ($1,140,000). This supplemental budget award will be used to repair damage caused by the severe flooding experienced citywide on July 16, 2023. (Be Adopted) 118-24. ORDER THAT: there be and hereby is appropriated the sum of SIX THOUSAND FIVE HUNDRED EIGHTY-NINE AND 20/100 DOLLARS ($6,589.20) same to be charged against RESERVED FOR APPROPRIATION - TNC PER RIDE ASSESSMENT and credited to DPW CAPITAL EXPENSES - STREET REPAIR for the purpose of road repaving. (Be Adopted) 119-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of grant funds from the MEMA Building Resilient Infrastructure and Communities (BRIC) Grant in the approximate amount of ONE HUNDRED EIGHTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS ($187,500). The funding will support the evaluation of the flooding problems in the downtown Urban Revitalization Area, and provide recommended measures to reduce flooding. Commonwealth of Massachusetts Contractor Authorized Signatory Listing (Be Adopted) 120-24. ORDER THAT: there be and hereby is transferred the sum of FORTY-EIGHT THOUSAND SEVEN HUNDRED EIGHTY-TWO DOLLARS ($48,782) from SNOW & ICE – PLOW & Blades to SNOW & ICE – Overtime (Be Adopted) 121-24. ORDER THAT: there be and hereby is transferred the total sum of THREE HUNDRED SEVENTY THOUSAND DOLLARS ($370,000) within various accounts as follows: From: DPW ADMIN/ENG P.S. – Public Works Inspector $ 40,000 DPW ADMIN/ENG P.S. – Civil Engineer $ 30,000 DPW ADMIN/ENG P.S. – Engineer II $ 50,000 DPW STREETS P.S. – Labor $250,000  To: DPW STREETS P.S. – Overtime $ 16,000 DPW STREETS EXP – Electricity $ 10,000 DPW STREETS EXP – Motor Vehicle Repairs $ 90,000 DPW STREETS EXP – Pothole Repair Supplies $ 30,000 DPW STREETLIGHTS – Streetlight Maintenance $ 81,000 DPW STREETLIGHTS – Electricity $ 50,000 DPW CAPITAL – Equipment $ 47,000 DPW CAPITAL – Building Renovation $ 46,000 (Be Adopted) 122-24. ORDER THAT: the sum of NINE THOUSAND THIRTY-FOUR DOLLARS ($9,034) be appropriated, same to be credited to Parks and Playgrounds and charged as follows: CDBG Year 50 Administration $6,033 CDBG Year 50 Block Grant $3,001 (Be Adopted) 123-24. ORDER THAT: the sum of THREE THOUSAND SIX HUNDRED FIFTY-ONE DOLLARS ($3,651) be transferred from CDBG YEAR 47 ADA Parking Improvements to CDBG YEAR 50 Sidewalk Accessibility. (Be Adopted) Report read and accepted. Orders adopted by unanimous consent 9/0. 9 members present. Board Consists of 11 members. Orders signed by the Mayor June 11, 2024 ----------------------------------------------------------------------------------------------------------------------- IX. ORDERS – FINANCE 137-24. ORDER THAT: there be and hereby is transferred the total sum of THIRTY- THREE THOUSAND TWO HUNDRED ONE DOLLARS ($33,201) to LAW EXPENSES – City Solicitor from the following accounts: LAW PERSONAL SERVICES – Dept Head $ 2,871 LAW OTHER EXPENSES – Code Enforcement $ 600 LAW OTHER EXPENSES – Damages Persons & Property $10,000 LAW OTHER EXPENSES – Litigation/Special Counsel $ 9,730 LAW OTHER EXPENSES – Labor Negotiator $10,000 138-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of grant funds from the United Way of North Central Massachusetts, in the approximate amount of THIRTY-EIGHT THOUSAND THREE HUNDRED SIXTY DOLLARS ($38,360), awarded to the city Summer Recreation Program from the DESE After School and Out of School Time Program Grant. 139-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of grant funds from North Central Massachusetts Development Corporation, in the approximate amount of TWELVE THOUSAND DOLLARS ($12,000), for the purpose of assisting businesses with signs and awnings. Orders 137-24 through 139-24 stand referred to Finance Committee. ----------------------------------------------------------------------------------------------------------------------- 140-24. ORDER THAT: there be and hereby is appropriated the sum of FORTY-SIX THOUSAND THREE HUNDRED SIXTY-FIVE AND 84/100 DOLLARS ($46,365.84) from RESERVE FOR APPROPRIATION - PEG ACCESS and transferred to INFORMATION TECHNOLOGY - FRANCHISE FEE for the purpose of remitting to FATV the first quarter 2024 franchise fee. Motion and second for suspension of rules by unanimous consent 9/0. 9 members present. Board consists of 11 members. Motion and second to adopted Order 140-24 by unanimous consent 9/0. 9 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- X. ORDER – OTHER 141-24. ORDER THAT: To adopt the enclosed Order of Taking to acquire temporary and permanent easements located along Railroad Street, Sawyer Passway, and Main Street, at: 15 Railroad Street 300 sq. ft.+/-; 11 Railroad Steet 356 sq. ft. +/-; 48 First Street 820 sq. ft. +/-; 18 Railroad Street 457 sq. ft. +/-; 64 Sawyer Passway 17,324 sq. ft. +/-; 0 Sawyer Passway 15,334 sq. ft. +/-; 64 Main Street 293 sq. ft. +/- all as shown on a Plan of Land entitled “Easement Plan of Land, Twin Cities Rail Trail – Phase II, Fitchburg, Massachusetts”, prepared by Dawood, scale 1” = 20’ and dated May 24, 2024 comprised of four (4) total sheets, for a total amount of One Hundred Sixty Seven Thousand Four Hundred Dollars ($167,400.00), and further authorize the Mayor to enter into an easement agreement with Unitil and a lease with Montachusett Regional Transit Authority all of the foregoing for general municipal purposes, namely the construction and operation of the Twin Rivers Cities Rail Trail. (Suspension of Rules) Motion and second for Suspension of Rules by unanimous consent 9/0. 9 members present. Board consists of 11 members. Motion and second to amend Twin Rivers Rail Trail to Twin Cities Rail Trail by unanimous consent 9/0. 9 members present. Board consists of 11 members. Motion and second to adopt Order as amended by unanimous consent 9/0. 9 members present. Board consists of 11 members. Order signed by the Mayor June 11, 2024 -----------------------------------------------------------------------------------------------------------------------  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. (Final Reading) Motion and second to send Loan Order to a third and final reading to be enrolled and advertised by unanimous consent 9/0. 9 members present. Board consists of 11 members. Loan Order signed by the Mayor June 11, 2024 ----------------------------------------------------------------------------------------------------------------------- XII. OTHER BUSINESS Next Regular Meeting Tuesday, June 18, 2024, at 7:00 PM The meeting adjourned at 8:06 P.M. ___________________________________ Joanna Bilotta-Simeone, City Clerk