City Council

FITCHBURG CITY CLERK Oct 02 2024 9:00 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 17, 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 Schultz. The City Clerk called the roll 11 Councilors were present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- I. PUBLIC FORUM Kim Goodwin, Fitchburg resident, spoke of concerns on 030-24. ----------------------------------------------------------------------------------------------------------------------- II. ANNOUNCEMENTS On Thursday, September 19, 2024, a meeting of the Widowed Helping Widowed Support Group will take place 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. ----------------------------------------------------------------------------------------------------------------------- On Thursday, September 26, 2024, a meeting of the Widowed Helping Widowed Support Group will take place from 2:30 until 4:00 p.m. in the Fireplace Room of the Fitchburg Senior Center. Bonnie Shayler and Bernie Schultz will co-facilitate the meeting. ----------------------------------------------------------------------------------------------------------------------- Author Grant Llera ("Lyehr-ah") will discuss his new book at the Fitchburg Historical Society, 781 Main Street, Fitchburg, in the Phoenix Building, on Saturday, October 19 at 1:00 p.m. Llera’s Finding Fannie, is the history and love story of Fitchburg’s Fannie Woollacott Johnson, her husband Dean E. Johnson, and his second wife Janet Louise Murphy. Fannie was from Fitchburg and the younger sister of Fitchburg Mayor Alfred Woollacott. Grant Llera lives in New York City and is the great-grandson of longtime mayor, Alfred Woollacott, great-great grandson of Fitchburg Mayor Benjamin A. Cook, and the step-great- grandson of Mayor Joseph Albert Lowe. In his visit to Fitchburg, the author will share the story of how he came to discover his Woollacott ancestry. He would also like to hear from anyone in Fitchburg who has memories of his late father P.J. Woollacott, his great grandfather Alfred, or any other of his Fitchburg ancestors. This program is free to the public and is part of the Fitchburg Open Studios weekend celebration, taking place October 19 and 20, 2024. For more information, please contact the Fitchburg Historical Society at: 978-345-1157 or director@fitchburghistoricalsociety.com or visit www.fitchburghistoricalsociety.com. ----------------------------------------------------------------------------------------------------------------------- The Friends of Fitchburg Cemeteries is a new group that has formed to create a non-profit organization to assist the City of Fitchburg in supporting 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 Ave. Bring a journal or sketchbook and camp chair for the first part. Wear sturdy shoes if you wish to go on the grave tour. ----------------------------------------------------------------------------------------------------------------------- The Thurston Consort at the Forest Hill Abbey, otherwise known as the Mausoleum at Forest Hill Cemetery, on Saturday, October 5 at 2 pm. Seating will be limited. For more information on either of these events, email friendsoffitchburgcemeteries@gmail.com. That’s Friends of Fitchburg Cemeteries all one word at gmail.com. ----------------------------------------------------------------------------------------------------------------------- Our Area Pet Shelters are in CRISIS right now with too many young animals being born who are not finding homes. Please be a responsible pet owner and FIX your pets. For cat owners: The CATMOBILE is coming to Fitchburg on Thursday, September 19, 2024 starting at 8:30 am. Pre-Registration and payment MUST be completed online. Visit MRFRS.ORG The cost will be: Female Cats $175.00 and Male Cats $125.00 ----------------------------------------------------------------------------------------------------------------------- New Players theatre Guild opens their fall season with THE ROCKY HOROR SHOW, opening October 17. Visit NPTG.ORG for tickets. ----------------------------------------------------------------------------------------------------------------------- Statton Players opens Shorts in Church – a festival of short comedies on Friday and Saturday, September 27 and 28. Email strattonplayers@gmail.com for tickets. ----------------------------------------------------------------------------------------------------------------------- The Leominster Historical Society is doing a “1774 in Context Johnny Appleseed’s Birth Year” Exhibit and Lecture at 7:00 PM Leominster Historical Society 17 School St. Leominster, Ma. ----------------------------------------------------------------------------------------------------------------------- Councilor Couture, will be hosting a Ward 3 Meeting, September 19, 2024, at 5:00 PM in the Legislative Building, 700 Main Street, Fitchburg, MA.  III. REPORT OF THE APPOINTMENTS COMMITTEE Appointments Committee Oral Report Meeting of September 17, 2024 New Appointments: Fitchburg Cultural Council (Term to expire September 17, 2027) Mike Amadeo Daniel Dow Jennifer Hemenway Liliana Gomez Fernandez Councilor Cragin recused herselt at 7:13 PM. Report accepted by unanimous consent 10/0. 10 members present. Board consists of 11 members. Councilor Cragin returned at 7:14 PM. ----------------------------------------------------------------------------------------------------------------------- IV. REPORT OF COMMITTEE ON RECORDS (Meeting Minutes September 5, 2024) Report accepted and minutes adopted by unanimous consent 11/0. 11 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- 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) Joe Michaud Vice President Manufacturing and Board of Health Director Stephen Curry gave a presentation and a update on the odor believed to be caused from Grief Paper. They are currently undertaking a project that would take them to October 15, 2024 to revert to a prior treatment methodology with enhancments. This should substantially reduce the odor. The Board of Health director Stephen Curry hosts a West Fitchburg Odor Group, they will report and give updates to the City Council. Mr. Michaud offered to provide a hydrogen sulfide meter (H2S sensor) at least to put at the Oak Ridge Condominiums where the odor seems to be the strongest. ----------------------------------------------------------------------------------------------------------------------- Finance Committee Meeting of September 11, 2024 Oral Report 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). (Be Adopted) 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. (Be Adopted) 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. (Be Adopted) 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. (Be Adopted) Councilor Couture stepped away 7:48 PM. Report read and accepted. Orders adopted by unanimous consent 10/0. 10 members present. Board consists of 11 members. Councilor Couture returned at 7:51 PM. Orders signed by the Mayor September 19, 2024. ----------------------------------------------------------------------------------------------------------------------- VI. ORDERS - FINANCE Waive reading on Orders 172-24 through 173-24. Orders stand referred to the Finance Committee. 172-24: ORDER THAT: there be and hereby is appropriated the sum of THIRTY-SEVEN THOUSAND EIGHT HUNDRED DOLLARS ($37,800) same to be charged against the FY2025 TAX LEVY and credited to POLICE – MAINTENANCE OF BUILDING – Repair & Care. 173-24: ORDER THAT: the City of Fitchburg hereby approves the expenditure of grant funds in the approximate amount of EIGHTEEN THOUSAND NINE HUNDRED SIXTY-THREE AND 57/100 DOLLARS ($18,963.57), received from Fitchburg State University and originating from Mass Development, to fulfill TDI/InTown commitments made to fund programming, marketing and needed repairs at Mill Street. ----------------------------------------------------------------------------------------------------------------------- 174-24. ORDER THAT: there be and hereby is appropriated the sum of ONE HUNDRED ELEVEN THOUSAND TWO HUNDRED SIXTY-ONE AND 32/100 DOLLARS ($111,261.32) from RESERVE FOR APPROPRIATION - PEG ACCESS CABLE FRANCHISE FEE for the purpose of remitting to FATV the second quarter 2024 franchise fee. (Suspension of Rules) Suspension of rules requested on Order 174-24. Motion and second for Suspension of Rules by unanimous consent 11/0. 11 members present. Board consists of 11 members. Order 174-24 adopted by unanimous consent 11/0. 11 members present. Board consists of 11 members. Order signed by the Mayor September 19, 2024 ----------------------------------------------------------------------------------------------------------------------- VII. LOAN ORDER 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. (Final Reading) Waive final reading by unanimous consent 11/0. 11 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 in 11 favor and 0 opposed. 11 members present. Board consists of 11 members. Loan Order signed by the Mayor September 19, 2024 -----------------------------------------------------------------------------------------------------------------------  VIII. ORDINANCE 175-24. AN ORDINANCE: Section 1, Chapter 170 Vehicles, Impoundment of, is hereby amended by inserting at the end of the chapter the following new Article III Violations in connection with Recreational Vehicles and Snow Vehicles. (First Reading) Ordinance was sent to a first and second reading by roll call vote of 11 in favor and 0 opposed. 11 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- IX. PETITIONS The following petitions were referred to Legislative Affairs: 176-24. City Councilor Derrick Cruz and cosponsored by Councilor Cragin and Councilor Walsh. The City of Fitchburg shall adopt a fee structure for public records requests, in accordance with the Massachusetts Public Records Law, as follows: 1. Copying Costs: The City of Fitchburg will charge up to 5 cents per page for standard black-and-white paper copies or printouts of public records. 2. Electronic Records: For records provided electronically, no per-page fee will be charged, though charges may apply for staff time as outlined below. 3. Personnel Costs: The City will charge for the time required to search for, compile, segregate, and redact public records if the time exceeds two hours. The hourly rate will be based on the hourly wage of the lowest-paid employee capable of performing the task, not exceeding $25 per hour, unless otherwise approved by the Supervisor of Public Records (City Clerk). 4. Preliminary Cost Estimate: Upon receiving a public records request, the City of Fitchburg shall provide the requester with a written, itemized, good-faith estimate of the expected fees before processing the request, if applicable. 5. Effective Date: These changes shall take effect immediately upon approval by the City Council. (Legislative Affairs) 177-24. The Community Development & Planning Department is requesting that City Council designate the new Municipal Hearing Officer as a Special Municipal Employee. (Legislative Affairs) ----------------------------------------------------------------------------------------------------------------------- The following petition was referred to Public Works: 178-24. City Councilor Bernie Schultz, on behalf of Roseann Addorisio of 84 Newton Street, to install a berm to replace a previous berm located at this address many years ago. Recently, the previous berm’s location washed away in creating a trench at that location. (Public Works) ----------------------------------------------------------------------------------------------------------------------- X. OTHER BUSINESS 1. Review Submitted Open meeting Law Complaint Motion and second to dismiss complaint and take no action by unanimous consent 11/0. 11 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- Next Regular Meeting Tuesday, October 1, 2024, at 7:00 PM The meeting adjourned at 8:12 P.M. ___________________________________ Joanna Bilotta-Simeone, City Clerk