City Council

FITCHBURG CITY CLERK Nov 12 2024 4:17 pm City of Fitchburg Massachusetts 01420 9:21 am, Nov 18, 2024 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 15, 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 Walsh. The City Clerk called the roll 10 Councilors were present (Councilor Fleming absent). Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- I. PUBLIC FORUM • Christine Yadlon, Fitchburg resident, against solar farm. • Jacquelyn Wehtje, Fitchburg resident, spoke on 184-24. • Charline Laakso, Fitchburg resident, spoke in support of 183-24. ----------------------------------------------------------------------------------------------------------------------- II. ANNOUNCEMENTS The next three meetings of the Widowed Helping Widowed Support Group. On Thursday, October 17, 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, October 24, 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. On Thursday, October 31, 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. ----------------------------------------------------------------------------------------------------------------------- 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 annual Community Health Resource Fair will be held on Thursday, October 17, 2024 from 4pm-7pm at the Fitchburg Armory. The Community Health Resource Fair is an opportunity for residents to visit over 70 different information tables representing a wide variety of local services." Participants include housing, shelter, elder services, medical care, youth services, mental health, substance use disorder, veteran services as well as many cultural offerings. Many city departments will be participating including Health, Fire, Police, Library, Schools, Community Development, Emergency Management and others. Representatives from the offices of State Senator John Cronin, State Representative Michael Kushmerek and District Attorney Joseph D. Early Jr. will also be on hand to meet with residents. ----------------------------------------------------------------------------------------------------------------------- The Tuesday, November 5th State Elections is three weeks away! Some important dates: In-Person Early Voting begins on Saturday, October 19th – Friday, November 1st, at City Hall, hours are posted on the City Clerk’s website. Last day to Register to Vote for the November 5th election is Saturday, October 26th at City Hall from 8:30 – 5:00 PM. Tuesday, October 29th is the last day to request a mail in ballot for the November 5th Election Monday, November 4th by 12:00 PM (Noon) is the deadline to apply for absentee Ballot for the November 5th Election. Polls are open Tuesday, November 5th from 7:00 AM – 8:00 PM. ----------------------------------------------------------------------------------------------------------------------- Broadway Karaoke, Friday, Otober 25, 2024, 7:00 PM – 10:00 PM, at 569 Main Street, Fitchburg. www.fithburgCulturalalliance.org. ----------------------------------------------------------------------------------------------------------------------- Haunted House on Main Street, Friday, Ooctober 25, 2024, at 7:00 PM to 10:00 PM, 14 Wallace Ave, Fitchburg. $5.00 per entry, parental advisiory. ----------------------------------------------------------------------------------------------------------------------- III. REPORT OF THE APPOINTMENTS COMMITTEE Appointments Committee Oral Report Meeting of October 15, 2024 New Appointment: Board of Parks Commissioners (Term to expire April 1, 2029) Gary Withington New Appointment: Fitchburg Water-Wastewater (Term to expire February 1, 2026) Gary Withington New Appointment: Fitchburg Historical Commission (Term to expire October 1, 2027) Mary E. Self Re-Appointment letter: Fitchburg Cultural Council (Term to expire October 1, 2027) Liz Murphy Re-Appointment letter: Fitchburg Cultural Council (Term to expire October 1, 2027) Keith Chenot Report accepted by unanimous consent 10/0. 10 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- IV. REPORT OF COMMITTEE ON RECORDS (October 1, 2024) Report accepted and minutes adopted by unanimous consent 10/0. 10 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- V. COMMUNICATION From Her Honor the Mayor 1. New-Appointment letter: Jason Lefferts, as a Member of the Fitchburg Water-Wastewater Commission, for a term to expire November 6, 2028. 2. New-Appointment letter: Nicholas Cordio, to the position of Municipal Hearing Officer, for a term of one year period, with an evaluation after six months. 3. New-Appointment letter: Michael Baltier, as a Member of the Fitchburg Human Rights Commission, for a term to expire November 5, 2027. 4. Re-Appointment letter: David Roth, as a Member of the Fitchburg Human Rights Commission, for a term to expire May 1, 2027. Appointments stand referred to the Appointments Committee. ----------------------------------------------------------------------------------------------------------------------- VI. ANNUAL REPORT 184-24. ANNUAL REPORT: Fitchburg Police Department for the year 2023. Fitchburg Police Department 2023 Annual Report Waive reading. Report filed in the City Clerk’s Office. ----------------------------------------------------------------------------------------------------------------------- VII. REPORT OF COMMITTEES Finance Committee Meeting of October 9, 2024 Finance Committee Minutes 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. (Be Adopted) 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. (Be Adopted) 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. (Be Adopted) Report read and accepted. Orders adopted by unanimous consent 10/0. 10 members present. Board consists of 11 members. Orders signed by the Mayor October 21, 2024 ----------------------------------------------------------------------------------------------------------------------- Legislative Affairs Committee Meeting of October 15, 2024 Oral Report 097-23. Petition to review attached disclosure Municipal Employees pursuant to G.L c268A, §20 (a) (b) to approve the same. (Be Held) 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) 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). (Be Granted) 177-24. The Community Development & Planning Department is requesting that City Council designate the new Municipal Hearing Officer as a Special Municipal Employee. (Be Granted) 167-24. President Zarrella, to designate the Veteran Services Commissioner as a Special Municipal Employee. (Be Held) 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: 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. Electronic Records: For records provided electronically, no per-page fee will be charged, though charges may apply for staff time as outlined below. 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). 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. Effective Date: These changes shall take effect immediately upon approval by the City Council.  (Be Held) Report read and accepted. Petitions 097-23, 270-23, 167-24 to be held in Committee. Petitions 166-24 and 177-24 granted. Petition 176-24 recommended to be held in Committee by unanimous consent. ----------------------------------------------------------------------------------------------------------------------- VIII. ORDINANCES 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. (Final Reading) Ordinance was sent to a third and final reading, to be enrolled, ordained, and advertised by unanimous consent 10/0. 10 members present. Board consists of 11 members. Ordinance was signed by the Mayor October 21, 2024. ----------------------------------------------------------------------------------------------------------------------- 078-24. AN ORDINANCE: WHEREAS, winter is imminent and snow emergencies may begin at any time in the coming weeks, and; WHEREAS, the City of Fitchburg has a compelling interest in the health, safety, and welfare of the public by the effective enforcement of its parking ordinances, and; WHEREAS, the prevention of obstructions to plows and emergency vehicles is essential to the provision of potentially lifesaving services during a snow emergency; WHEREAS, the existing ordinance regarding snow-related parking bans and general parking violations contains typographical details rendering it unenforceable, and; WHEREAS, the cost and procedural delay of printing new citation books for police officers and parking officials renders it impracticable to do so when further emendations will be needed in the imminent future, and; WHEREAS, Ordinance 078-24 seeks to effect a comprehensive correction of § 169-58 of the City Code so as to permit the prompt and accurate creation of new citation books; NOW THEREFORE, be it hereby resolved by the City Council, pursuant to G.L. c. 43, § 20 and Section 20 of the City Charter, that the passage of Ordinance 078-24 is necessitated by an emergency affecting the health and safety of the people of Fitchburg. Motion and second for suspension of rules by unanimous consent 10/0. 10 members present. Board consists of 11 members. Motion and second to take the Emergency preamble health and safety section first by roll call vote of 10 in favor and 0 opposed. 10 members present. Board consists of 11 members. Motion and second to approve Ordinance 078-24 as amended was sent to a third and final reading, to be enrolled, ordained, and ordered advertised by unanimous consent 10/0. 10 members present. Board consists of 11 members. Ordinance was signed by the Mayor October 21, 2024. ----------------------------------------------------------------------------------------------------------------------- IX. OTHER BUSINESS Next Regular Meeting Wednesday, November 6, 2024, at 7:00 PM The meeting adjourned at 7:59 P.M. ___________________________________ Joanna Bilotta-Simeone, City Clerk