City Council

FITCHBURG CITY CLERK Sep 18 2024 9:37 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 September 5, 2024. The meeting was called to order by President Zarrella at 7:01 P.M. The meeting opened with a salute to the Flag led by Councilor Green. The City Clerk called the roll 10 Councilors were present (Councilor DiNatale absent). Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- I. PUBLIC FORUM Jacquelyn Wehtje, Fitchburg resident, spoke in opposition to items 157-24 and 163-24. Charline Lasskso, Fitchburg resident, spoke in favor of 098-24. Kim Goodwin, Fitchburg resident, spoke in opposition item 030-24. ----------------------------------------------------------------------------------------------------------------------- II. ANNOUNCEMENTS The next meeting of the Widowed Helping Widowed Support Group will take place on Thursday, September 19, 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. Fitchburg Ward 1 City Councilor Bernie Schultz is hosting a Ward 1 Community Meeting on Monday, September 9, 2024 at 6:30 p.m. right here in the Fitchburg Legislative Building. City Councilor at Large Sally Cragin and Public Library Director Deb Hinkle will make presentations, and then answer questions following their presentations. Registration is now open for Second Chance Animal Services for the “Jeffrey P. Stephens Low- Cost Pet Vaccine Clinic” on Saturday, September 14, from 9 to noon at the Fitchburg Fire Department Headquarters, 33 North Street. Lily, from the Clerk's office will be present to register dogs owned by Fitchburg residents. The cost for license registration is $9.00 for spayed/neutered & $15.00 for dogs that are intact. Rabies and distemper vaccinations are just five dollars each. The vaccine clinic, which is open to pets in all towns. Advance registration is encouraged as there will be limited availability for same-day registration. Go to secondchanceanimals dot org to register your pet online. Stratton Players announces their 99th season, which opens with an original play called: FAST FORWARD FAIRYTALES on Thursday, September 12, 7 pm at Leominster Library. What happens after Happily Ever After? This is a staged reading, with actors, costumes, and props. Admission is free and this show is appropriate for kids and adults. The Friends of Fitchburg Cemeteries is a new group that has formed to create a non-profit organization to assist the City of Fitchburg with fund-raising and friend-raising to support our historic city cemeteries. Two events are coming up. These are: “Listen to Nature Tour and Visit Historic Local Graves,” on Sunday, September 22, starting at 6 pm, rain or shine. Meet at the pond at Forest Hill Cemetery, where you can park in the lot on the corner of Mt. Elam Rd and Electric Avenue. Bring a journal or sketchbook and camp chair for the first part. Wear sturdy shoes if you wish to go on the grave tour. For more information, email “Friends of Fitchburg Cemeteries” at gmail.com. That’s Friends of Fitchburg Cemeteries all one work at gmail.com. Mark your calendars for a unique musical event: The Thurston Consort at the Forest Hill Abbey, otherwise known as the Mausoleum at Forest Hill Cemetery. This takes place on Saturday, October 5 at 2 pm. Seating will be limited; for more information for more information, email “Friends of Fitchburg Cemeteries” at gmail.com. That’s Friends of Fitchburg Cemeteries all one work at gmail.com. ----------------------------------------------------------------------------------------------------------------------- III. REPORT OF COMMITTEE ON RECORDS (July 16, 2024) Report accepted and minutes adopted by unanimous consent 10/0. 10 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- IV. COMMUNICATION From Her Honor the Mayor 1. New-Appointment letter: Mike Amadeo, as a Member of the Fitchburg Cultural Council, for a term to expire September 17, 2027. 2. New-Appointment letter: Daniel Dow, as a Member of the Fitchburg Cultural Council, for a term to expire September 17, 2027. 3. New-Appointment letter: Jennifer Hemenway, as a Member of the Fitchburg Cultural Council, for a term to expire September 17, 2027. 4. New-Appointment letter: Liliana Gomez Fernandez, as a Member of the Fitchburg Cultural Council, for a term to expire September 17, 2027. Appointments stand referred to the Appointments Committee. -----------------------------------------------------------------------------------------------------------------------  V. REPORT OF COMMITTEES Board of Health Meeting of August 8, 2024 https://www.fitchburgma.gov/AgendaCenter/ViewFile/Minutes/_07112024-4125 030-24. Andrew Couture on behalf of the residents of Oak Ridge Condominiums to investigate an offensive odor (suspected from Grief paper). (Continued) Motion and second to hold in Committee by unanimous consent 10/0. 10 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- Finance Committee Meeting of September 4, 2024 Oral Report 160-24. LOAN ORDER: that $12,700,000 aggregate amount is appropriated for the following projects, including all costs incidental and related thereto, which amount may be apportioned to such projects as needed to accomplish the projects: (i) rehabilitation and/or upgrade of the Meetinghouse Gatehouse and Mare Meadow Pump Station, at an estimated cost of $4,400,000; (ii) Main Street water main replacement project, at an estimated cost of $6,000,000, which amount is expected to be used in addition to certain American Rescue Plan Act funds available for the project; and (iii) Regional Water Treatment Plant roof replacement and weatherproofing project, at an estimated cost of $2,300,000; that to meet this appropriation the Treasurer with the approval of the Mayor is authorized to borrow $12,700,000 under G.L. c.44, §8 or any other enabling authority; that the Mayor is authorized to contract for and expend any federal or state aid available for the projects; that the Mayor is authorized to take any other action necessary to carry out the projects; 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. Report read and accepted. Loan Order sent to a first and second reading by unanimous consent 10/0. 10 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- Legislative Affairs Committee Meeting of September 5, 2024 Oral Report 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) 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. (Granted as amended) ----------------------------------------------------------------------------------------------------------------------- 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. (Granted as amended) Motion and second to amend the previous amendment of threaded to the word tracked by unanimous consent 10/0. 10 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- 158-24. Councilor Beauchemin and Jeffrey Bean to rename Oak Hill Road Bridge to the Ron Ansin Bridge in honor of Mr. Ron Ansin. (Granted) Report read accepted by unanimous consent 10/0. 10 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- VI. ORDERS - FINANCE Waive reading on Orders 162-24 through 165-24. Orders stand referred to the Finance Committee. 162-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from Massachusetts Emergency Management State Homeland Security Program Grant (SHSP) in the approximate amount of FIVE THOUSAND DOLLARS ($5,000) for the purpose of purchasing equipment for the Fire Department’s Community Emergency Response Team (CERT). 163-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of grant funds in the approximate amount of TWENTY-FIVE THOUSAND DOLLARS ($25,000), received from Fitchburg State University and originating from Mass Development, for creation of a Downtown Management Organization. 164-24. ORDER THAT: there be and hereby is appropriated the sum of SEVENTEEN THOUSAND DOLLARS ($17,000) same to be charged against the FY2025 TAX LEVY and credited to LAW EXPENSES – Damages – Persons & Property. 165-24. ORDER THAT: the City of Fitchburg hereby approves the transfer of TEN THOUSAND DOLLARS ($10,000) from Community Development Expense – Municipal Hearing Officer to Community Development Personal Services – Municipal Hearing Officer. ----------------------------------------------------------------------------------------------------------------------- 171-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of grant funds from the UMass Memorial Health Determination of Need (DoN) Grant-Tier 2 in the approximate amount of THIRTY THOUSAND DOLLARS ($30,000) to support equipment purchases and all efforts and collaborations to start the North Central Free Medical Program. (Suspension of Rules) Suspension of rules requested on Order 171-24. Motion and second for Suspension of Rules by unanimous consent 10/0. 10 members present. Board consists of 11 members. Order 171-24 adopted by unanimous consent 10/0. 10 members present. Board consists of 11 members. Order signed by the Mayor September 17, 2024 ----------------------------------------------------------------------------------------------------------------------- VII. PETITIONS The following petitions were referred to the Legislative Affairs Committee: 166-24. Liz Murphy to amend Chapter 44 of the City Code to add the following position Municipal Hearing Officer pursuant G.L c268A, §20 (b). (Legislative Affairs) 167-24. President Zarrella, to designate the Veteran Services Commissioner as a Special Municipal Employee. (Legislative Affairs) ----------------------------------------------------------------------------------------------------------------------- The following petitions were referred to the Public Works Committee: 168-24. Councilor Andrew Couture on behalf of Paulo Fritz, to investigate water runoff from the property of 160 Stickney Rd. An apron and berm should be placed to stop the water intrusion to stop the damage to the property. (Public Works) 169-24. Councilor Paul Beauchemin on behalf of Kyle Glenny, at 133 Hurd Street to install a berm that has deteriorated over the years which is now causing flooding onto personal property. (Public Works) -----------------------------------------------------------------------------------------------------------------------  VIII. OTHER BUSINESS Waiver of Right of first refusal Parcel S1-24-0 Alpine Rd. (Suspension of Rules) Suspension of rules requested. Motion and second for Suspension of Rules by unanimous consent 10/0. 10 members present. Board consists of 11 members. Motion and second to waive right of first refusal on parcel by unanimous consent 10/0. 10 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- IX. EXECUTIVE SESSION 1. CONVENE INTO EXECUTIVE SESSION, pursuant to G.L. c. 30A sec 21(a)(3), that the Board go into Executive Session to discuss strategy with respect to BAK Realty, LLC et al v. City of Fitchburg, et al, SJC 13639. As the Chair, I have determined that the public discussion of such will have a detrimental impact on the litigating position of the City. (We will be returning to open session) Motion Convening the Executive Session: I move that the City Council go into executive session under M.G.L. c.30A, §21 (3) for the purposes and reasons declared by the President and to return to open session at the conclusion of the executive session. Roll Call Vote Motion to enter into Executive Session by roll call vote of 10 in favor and 0 opposed. 10 members present. Board consists of 11 members. Returned to open session at 8:36 PM. ----------------------------------------------------------------------------------------------------------------------- 170-24. Solicitor Lisa Mead, for authorization to appoint Special Counsel, Vincent Pusateri and Kevin Powers, for the case of BAK Realty, LLC et al v. City of Fitchburg, et al, SJC 13639. Motion and second to accept the appointment of Special Counsel by unanimous consent 10/0. 10 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- Next Regular Meeting Tuesday, September 17, 2024, at 7:00 PM The meeting adjourned at 8:37 P.M. ___________________________________ Joanna Bilotta-Simeone, City Clerk