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City Council

Regular Meeting

Fitchburg, MA · July 2, 2024

AgendaMinutes

Minutes

FITCHBURG CITY CLERK Jul 17 2024 10:16 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 July 2, 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 Councilor Cruz. The City Clerk called the roll 8 Councilors were present (Councilor DiNatale, Green and Van Hazinga 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, July 11, 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 Health Department Outreach & Prevention division will hold a Community Narcan and Overdose Prevention Training on Wednesday, July 10 at the Fitchburg Armory, 14 Wallace Ave. We will have Resource tables along with light refreshments at 6:00pm and the training will begin at 6:30pm. This training will teach how to recognize an opioid overdose and when & how to use lifesaving Narcan. A question and answer period will follow with our Recovery Coach and Narcan will be distributed to all who attend. This event is free and open to the public, no preregistration is required. The Fitchburg Health Department is an affiliate of the Commonwealth Naloxone Purchasing Program. Any questions, please call Sue at (978) 829-1854 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. Reminder of Fitchburg Civic Days: • Block Party Wednesday July 3rd from 4pm to 10pm – Main St. to Upper Common • 4th of July Parade – Thursday July 4th from 10am to Noon, Summer St. to Upper Common • Woosox Fitchburg Town Takeover, Saturday July 6th at 4pm • The Amazing Duck Race, Sunday July 7th noon to 3pm – Riverfront Park – Fitchburg Councilor Cragin, A new Committee has formed called the Friends of Fitchburg Cemetery, had a meeting Monday, July 1, 2024, to discuss the cemetery mausoleum. They can be reached at friendsoffitchburgcemeteries@gmail.com. We will be hosting a nature walk on Sunday, September 22, 2024. ----------------------------------------------------------------------------------------------------------------------- III. REPORT OF COMMITTEE ON RECORDS The Committee on records reported the minutes of May 30, 2024 Council as a Whole meeting, June 4, 2024 Regular City Council meeting, June 12, 2024 Council as a Whole meeting, June 12, 2024 Special City Council Meeting, June 18, 2024 Regular City Council meeting and June 26, 2024 Special City Council meeting were correctly recorded. Report accepted and minutes adopted by unanimous consent 8/0. 8 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- VI. COMMUNICATION From Her Honor the Mayor 1. New-Appointments letter: The following 11 Fitchburg State University Police Officers as Special Police Officers for the City of Fitchburg: Sergeant Andrew Himmer Sergeant Maxwell Summer Police Officer Timothy Stewart Police Officer Patrick Spooner Police Officer Dylan Soldi Police Officer Andrew Morris Police Officer Ryan McCarthy Police Officer Toros Matellian Police Officer Grace Kerr Police Officer Steven Ingman Police Officer Michael Chesson 2. New-Appointments letter: Poll workers for the period of September 1, 2024, through August 31, 2025. 3. New-Appointment letter: James P. McNamara, as a Member of the Trustees of Public Burial Grounds, for a term to expire August 1, 2027. Appointments stand referred to the Appointments Committee. ----------------------------------------------------------------------------------------------------------------------- COMMUNICATION From Her Honor the Mayor Michaela M. Horn – Treasurer/Tax Collector for the City of Fitchburg, as the custodian of property acquired by Foreclosure of Tax titles or acquired under MGL Chapter 60, Section 80. Appointment read and filed in the City Clerk’s Office. ----------------------------------------------------------------------------------------------------------------------- V. REPORT OF COMMITTEES Public Works Meeting of June 25, 2024 Oral Report 091-24. City Councilor Bernie Schultz, on behalf of Milk Street residents, to connect existing sections of sidewalk on one side of Milk Street from the corner of Electric Avenue to Ellis Street (sidewalk side to be chosen by Department of Public Works) to help school children walking to the bus stop at the corner of Electric Avenue and Milk Street. (Leave to Withdraw) 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. (Grant as amended) Report read and accepted. Petition 256-23 granted as amended by unanimous consent 8/0. 8 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- VI. ORDERS 145-24. ORDER THAT: there be and hereby is transferred from within Fiscal 2024 accounts the sum of ONE THOUSAND DOLLARS ($1,000), same to be charged to MAYOR PERSONAL SERVICES – Assistant Department Head, and credited to: MAYOR EXPENSES – Office Supplies $400 MAYOR EXPENSES – Travel & Meetings $600 146-24. ORDER THAT: there be and hereby is transferred from within Fiscal 2024 accounts the sum of FIFTEEN THOUSAND EIGHT HUNDRED EIGHTY- SEVEN and 81/100 DOLLARS ($15,887.81), same to be credited to ELECTION & REGISTRATION EXPENSE – Street Listing, from the following accounts: CITY CLERK PERSONAL SERVICES – Clerical $4,591.04 ELECTION & REGISTRATION P.S. – Election Workers $11,296.77 147-24. ORDER THAT: there be and hereby is transferred from within Fiscal 2024 accounts the sum of TWO THOUSAND DOLLARS ($2,000) same to be charged to FACILITIES PERSONAL SERVICES – Dept Head and credited to FACILITIES PERSONAL SERVICES – Overtime. 148-24. ORDER THAT: there be and hereby is transferred from within Fiscal 2024 accounts the sum of FIFTEEN THOUSAND DOLLARS ($15,000), same to be charged to FIRE PERSONAL SERVICES – Incentives, and credited to FIRE BUILDING MAINTENANCE – Electricity. 149-24. ORDER THAT: there be and hereby is transferred from within Fiscal 2024 accounts the sum of SIX THOUSAND DOLLARS ($6,000), same to be charged to BUILDING PERSONAL SERVICES – Assistant Inspectors, and credited to BUILDING PERSONAL SERVICES – Overtime. 150-24. ORDER THAT: there be and hereby is transferred the sum of ONE HUNDRED TWENTY THOUSAND DOLLARS ($120,000) to DPW CAPITAL – EQUIPMENT from the following accounts: DPW ADMIN/ENG P.S. – MS4 Temporary Labor $ 9,000 DPW STREETS P.S. – Summer Help $31,000 DPW STREETS P.S. – Labor $80,000 151-24. ORDER THAT: there be and hereby is transferred the sum of FIFTY THOUSAND DOLLARS ($50,000) to PARKS EXPENSE – PLAYGROUND SAFETY WOOD FIBER from the following accounts: PARKS PERSONAL SERVICES – Labor $20,000 PARKS PERSONAL SERVICES – Summer Help $30,000 152-24. ORDER THAT: there be and hereby is transferred from within Fiscal 2024 accounts the sum of SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500) same to be charged to HEALTH PERSONAL SERVICES – Nurses, and credited to HEALTH PERSONAL SERVICES – Overtime. 153-24. ORDER THAT: there be and hereby is transferred from with Fiscal 2024 accounts the sum of TEN THOUSAND DOLLARS ($10,000) from HEALTH SANITARY LANDFILL EXPENSES – Closed Landfill to HEALTH RUBBISH REMOVAL EXPENSES – Contract Fees. 154-24. ORDER THAT: there be and hereby is appropriated the sum of FIFTY-SEVEN THOUSAND TWO HUNDRED FORTY-TWO DOLLARS ($57,242) same to be charged against the FY2025 TAX LEVY and credited to FISCAL 2025 accounts as follows: HUMAN RESOURCES PERSONAL SERVICES – Clerical $30,860 CITY CLERK PERSONAL SERVICES – Clerical $26,382 155-24. ORDER THAT: there be and hereby is appropriated the sum of SIX HUNDRED THOUSAND DOLLARS ($600,000) same to be charged against Fiscal Year 2024 EMPLOYEE BENEFITS – HEALTH INSURANCE and credited to FISCAL 2025 - RESERVE FOR OTHER MUNICIPAL PURPOSES. Orders 145-24 through 155-24 stand referred to the Finance Committee. ----------------------------------------------------------------------------------------------------------------------- VII. ORDER – OTHER 156-24. ORDER THAT: Order of Declaration to declare for public use for the purposes of completing the Twin Cities Rail Trail Phase 2 project, permanent and temporary easements, in certain real estate located along Railroad Street, Sawyer Passway, and Main Street which are owned by the City. Motion and second for Suspension of Rules by unanimous consent 8/0. 8 members present. Board consists of 11 members. Motion and second to adopt Order by unanimous consent 8/0. 8 members present. Board Consists of 11 members. Order signed by the Mayor July 8, 2024 ----------------------------------------------------------------------------------------------------------------------- VIII. ORDINANCE 136-24. AN ORDINANCE: Amending Chapter 44, Section 10 of the Code of the City of Fitchburg, as most recently amended, by adding thereto the following Grade assignments as outlined in the enclosed Ordinance. (Final Reading) Ordinance was sent to a final reading, ordained, and ordered advertised by unanimous consent 8/0. 8 members present. Board consists of 11 members. Ordinance was signed by the Mayor July 8, 2024. ----------------------------------------------------------------------------------------------------------------------- IX. PETITIONS The following petitions stand referred to the Legislative Affairs Committee: 157-24. Captain Christopher Garcia, from the Fitchburg Police Department, proposing a new City ordinance aimed at enhancing safety on our streets and addressing the quality of life concerns in our community by regulating the use of recreational vehicles on both public and private property in Fitchburg. (Legislative Affairs) 158-24. Councilor Beauchemin and Jeffrey Bean to rename Oak Hill Road Bridge to the Ron Ansin Bridge in honor of Mr. Ron Ansin. (Legislative Affairs) ----------------------------------------------------------------------------------------------------------------------- X. OTHER BUSINESS Next Regular Meeting Tuesday, July 16, 2024, at 7:00 PM The meeting adjourned at 7:18 P.M. ___________________________________ Joanna Bilotta-Simeone, City Clerk

Agenda

FITCHBURG CITY CLERK Jun 27 2024 3:57 pm WELCOME TO THE FITCHBURG CITY COUNCIL 10:57 am, Jun 28, 2024 July 2, 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 COMMITTEE ON RECORDS (May 30, 2024 through June 26, 2024) VI. COMMUNICATION From Her Honor the Mayor 1. New-Appointments letter: The following 11 Fitchburg State University Police Officers as Special Police Officers for the City of Fitchburg: Sergeant Andrew Himmer Sergeant Maxwell Summer Police Officer Timothy Stewart Police Officer Patrick Spooner Police Officer Dylan Soldi Police Officer Andrew Morris Police Officer Ryan McCarthy Police Officer Toros Matellian Police Officer Grace Kerr Police Officer Steven Ingman Police Officer Michael Chesson 2. New-Appointments letter: Poll workers for the period of September 1, 2024, through August 31, 2025. 3. New-Appointment letter: James P. McNamara, as a Member of the Trustees of Public Burial Grounds, for a term to expire August 1, 2027. Michaela M. Horn – Treasurer/Tax Collector for the City of Fitchburg, as the custodian of property acquired by Foreclosure of Tax titles or acquired under MGL Chapter 60, Section 80. Page 1 V. REPORT OF COMMITTEES Public Works Meeting of June 25, 2024 Oral Report 091-24. City Councilor Bernie Schultz, on behalf of Milk Street residents, to connect existing sections of sidewalk on one side of Milk Street from the corner of Electric Avenue to Ellis Street (sidewalk side to be chosen by Department of Public Works) to help school children walking to the bus stop at the corner of Electric Avenue and Milk Street. (Leave to Withdraw) 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. (Grant as amended) VI. ORDERS 145-24. ORDER THAT: there be and hereby is transferred from within Fiscal 2024 accounts the sum of ONE THOUSAND DOLLARS ($1,000), same to be charged to MAYOR PERSONAL SERVICES – Assistant Department Head, and credited to: MAYOR EXPENSES – Office Supplies $400 MAYOR EXPENSES – Travel & Meetings $600 146-24. ORDER THAT: there be and hereby is transferred from within Fiscal 2024 accounts the sum of FIFTEEN THOUSAND EIGHT HUNDRED EIGHTY-SEVEN and 81/100 DOLLARS ($15,887.81), same to be credited to ELECTION & REGISTRATION EXPENSE – Street Listing, from the following accounts: CITY CLERK PERSONAL SERVICES – Clerical $ 4,591.04 ELECTION & REGISTRATION P.S. – Election Workers $11,296.77 147-24. ORDER THAT: there be and hereby is transferred from within Fiscal 2024 accounts the sum of TWO THOUSAND DOLLARS ($2,000) same to be charged to FACILITIES PERSONAL SERVICES – Dept Head and credited to FACILITIES PERSONAL SERVICES – Overtime. 148-24. ORDER THAT: there be and hereby is transferred from within Fiscal 2024 accounts the sum of FIFTEEN THOUSAND DOLLARS ($15,000), same to be charged to FIRE PERSONAL SERVICES – Incentives, and credited to FIRE BUILDING MAINTENANCE – Electricity. 149-24. ORDER THAT: there be and hereby is transferred from within Fiscal 2024 accounts the sum of SIX THOUSAND DOLLARS ($6,000), same to be charged to BUILDING PERSONAL SERVICES – Assistant Inspectors, and credited to BUILDING PERSONAL SERVICES – Overtime. Page 2 150-24. ORDER THAT: there be and hereby is transferred the sum of ONE HUNDRED TWENTY THOUSAND DOLLARS ($120,000) to DPW CAPITAL – EQUIPMENT from the following accounts: DPW ADMIN/ENG P.S. – MS4 Temporary Labor $ 9,000 DPW STREETS P.S. – Summer Help $31,000 DPW STREETS P.S. – Labor $80,000 151-24. ORDER THAT: there be and hereby is transferred the sum of FIFTY THOUSAND DOLLARS ($50,000) to PARKS EXPENSE – PLAYGROUND SAFETY WOOD FIBER from the following accounts: PARKS PERSONAL SERVICES – Labor $20,000 PARKS PERSONAL SERVICES – Summer Help $30,000 152-24. ORDER THAT: there be and hereby is transferred from within Fiscal 2024 accounts the sum of SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500) same to be charged to HEALTH PERSONAL SERVICES – Nurses, and credited to HEALTH PERSONAL SERVICES – Overtime. 153-24. ORDER THAT: there be and hereby is transferred from with Fiscal 2024 accounts the sum of TEN THOUSAND DOLLARS ($10,000) from HEALTH SANITARY LANDFILL EXPENSES – Closed Landfill to HEALTH RUBBISH REMOVAL EXPENSES – Contract Fees. 154-24. ORDER THAT: there be and hereby is appropriated the sum of FIFTY-SEVEN THOUSAND TWO HUNDRED FORTY-TWO DOLLARS ($57,242) same to be charged against the FY2025 TAX LEVY and credited to FISCAL 2025 accounts as follows: HUMAN RESOURCES PERSONAL SERVICES – Clerical $30,860 CITY CLERK PERSONAL SERVICES – Clerical $26,382 155-24. ORDER THAT: there be and hereby is appropriated the sum of SIX HUNDRED THOUSAND DOLLARS ($600,000) same to be charged against Fiscal Year 2024 EMPLOYEE BENEFITS – HEALTH INSURANCE and credited to FISCAL 2025 - RESERVE FOR OTHER MUNICIPAL PURPOSES. VII. ORDER – OTHER 156-24. ORDER THAT: Order of Declaration to declare for public use for the purposes of completing the Twin Cities Rail Trail Phase 2 project, permanent and temporary easements, in certain real estate located along Railroad Street, Sawyer Passway, and Main Street which are owned by the City. Request to Suspend the Rules. (Suspension of Rules) VIII. ORDINANCE 136-24. AN ORDINANCE: Amending Chapter 44, Section 10 of the Code of the City of Fitchburg, as most recently amended, by adding thereto the following Grade assignments as outlined in the enclosed Ordinance. (Final Reading) Page 3 IX. PETITIONS 157-24. Captain Christopher Garcia, from the Fitchburg Police Department, proposing a new City ordinance aimed at enhancing safety on our streets and addressing the quality of life concerns in our community by regulating the use of recreational vehicles on both public and private property in Fitchburg. (Legislative Affairs) 158-24. Councilor Beauchemin and Jeffrey Bean to rename Oak Hill Road Bridge to the Ron Ansin Bridge in honor of Mr. Ron Ansin. (Legislative Affairs) X. OTHER BUSINESS Next Regular Meeting Tuesday, July 16, 2024, at 7:00 PM Page 4

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