City Council

FITCHBURG CITY CLERK Oct 18 2024 1:36 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 October 1, 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 Van Hazinga. The City Clerk called the roll 10 Councilors were present (Councilor Green absent). Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- I. PUBLIC FORUM No Public Comment was provided. ----------------------------------------------------------------------------------------------------------------------- II. ANNOUNCEMENTS The next meeting of the Widowed Helping Widowed Support Group will take place on Thursday, October 3, 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. ----------------------------------------------------------------------------------------------------------------------- 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. ----------------------------------------------------------------------------------------------------------------------- Stratton Players celebrates their 99th season and invites you to audition for Every Christmas Story Ever Told (And Then Some!) directed by Chelsey Patriss A small troupe of actors is all set to perform a recitation of A Christmas Carol for the umpteenth time when two of them decide to shake things up. They drag the third member of their trio unwillingly into a fast paced, madcap romp through, well, almost every Christmas story ever told! Auditions will be at Christ Church, 569 Main St., Fitchburg Thursday, October 3, from 7 to 9 pm. Any and all genders and adults of all ages welcome. Rehearsal schedule TBD once cast. RSVP: strattonplayers@gmail.com ----------------------------------------------------------------------------------------------------------------------- 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. ----------------------------------------------------------------------------------------------------------------------- III. REPORT OF COMMITTEE ON RECORDS (September 17, 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: Gary Withington, as a Member of the Board of Parks Commissioners, for a term to expire April 1, 2029. 2. New-Appointment letter: Gary Withington, as a Member of the Fitchburg Water-Wastewater, for a term to expire February 1, 2026. 3. New-Appointment letter: Mary E. Self, as a Member of the Fitchburg Historical Commission, for a term to expire October 1, 2027. 4. Re-Appointment letter: Liz Murphy, as a Member of the Fitchburg Cultural Council, for a term to expire October 1, 2027. 5. Re-Appointment letter: Keith Chenot, as a Member of the Fitchburg Historical Commission, for a term to expire October 1, 2027. Appointments stand referred to the Appointments Committee. -----------------------------------------------------------------------------------------------------------------------  V. REPORT OF COMMITTEES Finance Committee Meeting of September 25, 2024 Oral Report 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. (Be Adopted) Report read and accepted. Motion and second to adopt Order by unanimous consent 11/0. 11 members present. Board consists of 11 members. Order signed by the Mayor October 2, 2024. ----------------------------------------------------------------------------------------------------------------------- 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, and to fund programming, marketing and needed repairs at Mill Street. (Be adopted as amended) Order adopted by 9 in favor and 1 opposed (Beauchemin). 10 members present. Board consists of 11 members. Order signed by the Mayor October 2, 2024. ----------------------------------------------------------------------------------------------------------------------- Public Works Committee Meeting of September 24, 2024 Oral Report 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. (Be Held) 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. (Granted) 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. (Granted as amended) Report read and accepted. Petitions 169-24 & 178-24 granted by unanimous consent 10/0. 10 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- VI. PUBLIC HEARING 183.24 §181-66- A- 1 Purpose: This Ordinance adopted pursuant to Zoning Act, G.L. c. 40A, as amended, Section 2A of 1975 Mass. Acts 808, and by Article 89 of the Amendments to the Constitution of the Commonwealth of Massachusetts for the purpose of conserving the City’s available forested land and open space by which greenhouse gases are reduced through carbon capture and sequestering; to allow for the completion of the Nashua River Watershed’s Municipal Vulnerability Preparedness Climate Resiliency Plan; the City’s Climate Action Plan; and given recent cases that involve significant storm water runoff challenges, the development of Land Disturbance Regulations; and in order to protect the public health and welfare of the residents of Fitchburg and in order to adopt an appropriate and effective zoning ordinance allowing and encouraging large scale ground mounted solar photovoltaic facilities. §181-66- B – 2 For the reasons set forth above and notwithstanding any other provision of the Zoning Ordinance to the contrary, the City hereby adopts a temporary moratorium on the permits for and use of land for large scale ground mounted solar photovoltaic facilities. The moratorium shall be in effect through May 31, 2025 unless adoption of new Zoning Ordinance addressing Large Scale Ground-Mounted Solar Photovoltaic Facilities is in effect, whichever is earlier. During the moratorium period, the City shall undertake a planning process to address the potential impacts of large scale ground mounted solar photovoltaic facilities and related uses, and shall consider adopting new Zoning Ordinances to better address the impact and construction of same in the City. President Zarrella declared the hearing open at 7:19 PM Justin Emma, Fitchburg resident, spoke in favor of the petition James Wagner, Fitchburg resident, spoke in favor of the petition Mike Couture, Fitchburg resident, spoke in favor and had questions No one spoke in opposition to the petition. President Zarrella declared the hearing closed at 7:24 PM. ----------------------------------------------------------------------------------------------------------------------- VII. ORDERS - FINANCE Orders 179-24 through 181-24 stand referred to the Finance Committee. 179-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of grant funds from the Federal Aviation Administration in the approximate amount of TWO HUNDRED FIFTY-NINE THOUSAND EIGHT HUNDRED TWENTY- FIVE DOLLARS ($259,825) for Phase I to Reconstruct the Main Apron - Design and Obtain Permits. 180-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of E911 Support and Incentive Grant funds from the Massachusetts Executive Office of Public Safety and Security in the approximate amount of TWO HUNDRED NINETEEN THOUSAND FIVE HUNDRED NINETY-FOUR DOLLARS ($219,594) for the purpose of supporting the salaries of the city’s dispatch call takers. 181-24. ORDER THAT: there be and hereby is appropriated the sum of FORTY-EIGHT THOUSAND DOLLARS ($48,000) same to be charged against the FY2025 TAX LEVY and credited to POLICE – EQUIPMENT & REPAIR – Firearm Replacement. ----------------------------------------------------------------------------------------------------------------------- VIII. ORDER-OTHER 182-24. ORDER THAT: Authorizing the City Clerk to notify the voters of the State Election on Tuesday, November 5, 2024. Order adopted by unanimous consent 10/0.10 members present. Board consists of 11 members. Order signed by the Mayor October 2, 2024. ----------------------------------------------------------------------------------------------------------------------- IX. ORDINANCES 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. (Final Reading) Motion and second to accept amended Ordinance by unanimous consent 10/0. 10 members present. Board consists of 11 members. Ordinance was sent to a final reading, ordained, and ordered advertised by unanimous consent 10/0. 10 members present. Board consists of 11 members. Ordinance was signed by the Mayor October 2, 2024. ----------------------------------------------------------------------------------------------------------------------- 078-24. AN ORDINANCE: Article 2 § 169-58 entitled Violations and Penalties be amended as follows (bold and underline is new language and cross through is omitted language): B. Pursuant to the provisions of MGL c. 90, § 20A 1/2, any person violating any provision of any rule, regulation, order or ordinance regulating the parking of motor vehicles shall be punished by a fine for each offense as hereinafter set forth: (1) Group A, $300. (a) 01. Handicapped parking. (b) 02. Blocking a wheelchair ramp. (2) Group B, $30. (2) Group B, $100. (a.1) 03. Parking ban/snow emergency. (a) 03. Tow zone — no parking area. (b) 04. Within 10 feet of a hydrant.  (c) 05. Double-parking. (d) 06. Within an intersection. (e) 07. Less than 10 feet from an unobstructed way. (f) 08. Fire lane. (g) 09. Within five feet of a driveway or alley. (h) 10. Within 20 feet of an intersecting way. (3) Group C, $30. (a) 04. Tow zone — no parking area. (b) 05. Within 10 feet of a hydrant. (c) 06. Double-parking. (d) 07. Within an intersection. (e) 08. Less than 10 feet from an unobstructed way. (f) 09. Fire lane. (g) 10. Within five feet of a driveway or alley. (h) 11. Within 20 feet of an intersecting way. (a) 11 (i) 12. All-night parking. (a.1) 11.1. Parking ban/snow emergency. [Added 4-21-2015 by Ord. No. 076-2015] (b) 12 (j) 13. Right wheels not at curb. (c) 13 (k) 14. Wheels more than one foot from curb. (d) 14 (l) 15. On a sidewalk. (e) 15 (m) 16. On a crosswalk. (f) 16 (n) 17. No parking area. (g) 17 (o) 18. Within a bus stop. (h) 18 (p) 19. Ten-hour meter violation. (i) 18.1 (q) 19.1. Parking of nonmotorized vehicle or trailer. (4) Group D, $15. (a) 19. 20. Within a loading zone or taxi stand. (b) 20. 21. Meter violation. (c) 21. 22. Overtime parking. Motion and second to suspend the rules by unanimous consent 10/0. 10 members present. Board consists of 11 members. Ordinance was sent to a first and second reading as amended by 9 in favor and 1 opposed (Councilor Cruz). 10 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- 183-24. AN ORDINANCE: Amend §181-66 to add a new section §181-66 – A – as follows: §181-66- A- TEMPORARY MORITORIUM ON LARGE SCALE GROUND MOUNTED SOLAR PHOTOVOLTAIC FACILITIES §181-66- A- 1 Purpose: This Ordinance adopted pursuant to Zoning Act, G.L. c. 40A, as amended, Section 2A of 1975 Mass. Acts 808, and by Article 89 of the Amendments to the Constitution of the Commonwealth of Massachusetts for the purpose of conserving the City’s available forested land and open space by which greenhouse gases are reduced through carbon capture and sequestering; to allow for the completion of the Nashua River Watershed’s Municipal Vulnerability Preparedness Climate Resiliency Plan; the City’s Climate Action Plan; and given recent cases that involve significant storm water runoff challenges, the development of Land Disturbance Regulations; and in order to protect the public health and  welfare of the residents of Fitchburg and in order to adopt an appropriate and effective zoning ordinance allowing and encouraging large scale ground mounted solar photovoltaic facilities. §181-66- B – 2 For the reasons set forth above and notwithstanding any other provision of the Zoning Ordinance to the contrary, the City hereby adopts a temporary moratorium on the permits for and use of land for large scale ground mounted solar photovoltaic facilities. The moratorium shall be in effect through May 31, 2025 unless adoption of new Zoning Ordinance addressing Large Scale Ground-Mounted Solar Photovoltaic Facilities is in effect, whichever is earlier. During the moratorium period, the City shall undertake a planning process to address the potential impacts of large scale ground mounted solar photovoltaic facilities and related uses, and shall consider adopting new Zoning Ordinances to better address the impact and construction of same in the City. Motion and second to take Ordinance out of order by unanimous consent 10/0. 10 members present. Board consists of 11 members. Motion and second to send Ordinance to a first and second reading by unanimous consent 10/0. 10 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- X. OTHER BUSINESS Next Regular Meeting Tuesday, October 15, 2024, at 7:00 PM The meeting adjourned at 7:33 P.M. ___________________________________ Joanna Bilotta-Simeone, City Clerk