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City Council

Regular Meeting

Fitchburg, MA · November 19, 2024

AgendaMinutes

Minutes

FITCHBURG CITY CLERK Dec 09 2024 3:18 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 November 19, 2024. The meeting was called to order by President Zarrella at 7:29 P.M. The meeting opened with a salute to the Flag led by Councilor Couture. The City Clerk called the roll 10 Councilors were present (Councilor Cragin absent). Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- I. PUBLIC FORUM Jacqueline Wehtje, Fitchburg resident spoke in opposition of petition 185-24. ----------------------------------------------------------------------------------------------------------------------- II. ANNOUNCEMENTS The next meeting of the Widowed Helping Widowed Support Group will take place on Thursday, November 21, 2024 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. ----------------------------------------------------------------------------------------------------------------------- The City of Fitchburg Health Department will be hosting a Community Narcan & Overdose Prevention Training on Wednesday, November 20, 2024 in collaboration with Making Opportunity Count, 40 Fairmount Street, Fitchburg. Doors will open at 5:30pm for resource tables and refreshments and the training will begin at 6:00pm. Members of the community are invited to attend this program. Free refreshments will be available and Narcan will be distributed at the conclusion of the training. Preregistration is not required, but is encouraged. Call (978) 829-1854 or email SChristensen@fitchburgma.gov to register or to get more information. ----------------------------------------------------------------------------------------------------------------------- Councilor Couture will be hosting a Ward 3 Community meeting at 5:00 PM at the British American Club located at 1 Simonds Road in Fitchburg, on Thursday, November 21, 2024. ----------------------------------------------------------------------------------------------------------------------- This Saturday, November 23, 2024 from 8 AM to 3 PM, St. Bernard’s Elementary School will be Having their Holiday Fair at 254 Summer Street, Fitchburg, MA. ----------------------------------------------------------------------------------------------------------------------- Please join us on December 1, 2024 in the upper common for our Holiday Tree lighting at 5:30PM. We will have Santa, carolers, refreshments and hot cocoa. ----------------------------------------------------------------------------------------------------------------------- Reminder starting this winter season the fines for parking in a snow emergency parking ban will increase to $100 per violation. ----------------------------------------------------------------------------------------------------------------------- IX. PETITION Motion to suspend the rules and take Petition 199-24 out of order by unanimous consent 10/0. 10 members present. Board consists of 11 members. 199-24. The Community Development & Planning Board, to amend the Fitchburg Zoning Ordinance to comply with MGL Chapter 40A Section 3A, “multi-family zoning as- of-right in MBTA Communities”. (Suspension of rules) Petition granted by roll call vote of 6 in favor and 4 opposed (Councilor Couture, DiNatale, Fleming and Green). 10 members present. Board consists of 11 members. Planning Board granted petition by roll call vote of 6 in favor and 0 opposed. ----------------------------------------------------------------------------------------------------------------------- VI. PUBLIC HEARING – JOINT MEETING PLANNING BOARD & CITY COUNCIL Motion to suspend the rules and take Public Hearing out of order by unanimous consent 10/0. 10 members present. Board consists of 11 members. Motion and second to convene into joint session with the Planning Board by unanimous consent 10/0. 10 members present. Board consists of 11 members. 199-24. The Community Development & Planning Board, to amend the Fitchburg Zoning Ordinance to comply with MGL Chapter 40A Section 3A, “multi-family zoning as- of-right in MBTA Communities”. ZONING CHAPTER 181 President Zarrella declared the hearing open at 7:38 PM Liz Murphy, Executive Director for Community Development and Planning Department spoke and introduced consultant Diane Marsh from Dream Collaborative who did a presentation on 3A MBTA Communities. MBTA 3A - Slide Presentation 3A MBTA Communities Compliance Overview Mary-Jo Bohart, Director of Economic Development spoke in favor of petition 199-24. Christine Tree, Zoning Board of Appeals Chair spoke in favor of petition 199-24. Jacqueline Wehtje, Fitchburg resident spoke in opposition of petition 199-24. Tom Donnelley, Fitchburg resident, spoke on petition 199-24. President Zarrella declared the joint hearing closed at 9:19 PM. Petition granted by roll call vote of 6 in favor and 4 opposed (Councilor Couture, DiNatale, Fleming and Green). 10 members present. Board consists of 11 members. Planning Board granted petition by roll call vote of 6 in favor and 0 opposed. Motion and second to adopt 199-24 in Ordinance form to a first reading by roll call vote of 6 in favor and 4 Opposed (Councilor Couture, DiNatale, Fleming and Green). 10 members present. Board consists of 11 members. Joint session has been completed. ----------------------------------------------------------------------------------------------------------------------- III. REPORT OF COMMITTEE ON RECORDS (Meeting Minutes of November 6, 2024) • Review the characterization of Sam Cole’s comments in the minutes of the 5/2/23 City Council Meeting. The Committee on records reported the minutes of November 6, 2024 City Council meeting were correctly recorded. Report read and accepted by unanimous consent 10/0 10 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- IV. COMMUNICATION Director of Parks and Recreation • Playground Communication Board In-kind Donation Grant from the Doug Flutie Foundation • Million Coaches Challenge National Recreation and Parks Association- Positive Coaching Alliance Virtual Coaching In-kind Grant Parks and Recreation Director James Bunnell spoke on both grants. ----------------------------------------------------------------------------------------------------------------------- V. REPORT OF COMMITTEES Finance Committee Meeting of November 7, 2024 Oral Report 185-24. ORDER THAT: the City of Fitchburg hereby raise and appropriate the sum of SIX HUNDRED FORTY-FIVE THOUSAND AND 00/100 DOLLARS ($645,000), crediting School Department Expenses, for the purpose of funding a shortfall in the Fiscal Year 2024 Net School Spending requirement. (Be Adopted) Order signed by the Mayor November 22, 2024. ----------------------------------------------------------------------------------------------------------------------- 186-24. ORDER THAT: there be and hereby is appropriated the sum of ELEVEN THOUSAND ONE HUNDRED THIRTY-FOUR AND 30/100 DOLLARS ($11,134.30) same to be charged against RESERVED FOR APPROPRIATION - TNC PER RIDE ASSESSMENT and credited to DPW CAPITAL EXPENSES - STREET REPAIR for the purpose of road repaving. (Be Adopted) 187-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the Massachusetts Executive Office of Energy and Environmental Affairs Municipal Vulnerability Preparedness Program Action Grant, for Nature Based Solutions for a Resilient Coolidge Park, in the approximate amount of THREE HUNDRED TWENTY-THREE THOUSAND ONE HUNDRED SIXTY DOLLARS ($323,160) to help mitigate flooding impacts by increasing Stormwater storage, recharge, and water quality. (Be Adopted) Report read and accepted. Motion and second to adopted Orders 185-24, 186-24, & 187-24 by unanimous consent 10/0. 10 members present. Board consists of 11 members. Orders signed by Mayor November 27, 2024 ----------------------------------------------------------------------------------------------------------------------- 188-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of grant funds from the Commonwealth of Massachusetts Community Compact grant program, in the approximate amount of FIFTY THOUSAND DOLLARS ($50,000) to develop a multi-year paving management plan. (Be Adopted) 189-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of grant funds from the Commonwealth of Massachusetts Community Compact grant program, in the approximate amount of FORTY THOUSAND DOLLARS ($40,000) to develop a capital improvement plan. (Be Adopted) Report read and accepted. Motion and second to adopt Orders 188-24 and 189-24 adopted by 6 in favor and 4 opposed (Couture, DiNatale, Fleming and Green). 10 members present. Board consists of 11 members. Orders signed by Mayor November 27, 2024 ----------------------------------------------------------------------------------------------------------------------- 190-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of grant funds from the Massachusetts Department of Transportation Shared Streets and Spaces grant program, in the approximate amount of TWO HUNDRED FORTY- SIX THOUSAND EIGHT HUNDRED SIXTEEN and 56/100 DOLLARS ($246,816.56) to create a formal shared-use path along Railroad Street to the future pedestrian bridge. (Be Adopted) Report read and accepted. Motion and second to adopt Order 190-24 by 9 in favor and 2 opposed (Beauchemin and Schultz). 10 members present. Board consists of 11 members. Order signed by Mayor November 27, 2024 ----------------------------------------------------------------------------------------------------------------------- 191-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of grant funds from the Massachusetts Department of Culture and Recreation Mass Trails grant program, in the approximate amount of SEVENTY-EIGHT THOUSAND FIVE DOLLARS ($78,005) to improve a section of trail at the summit of Rollstone Hill, and to install Rock Walk signage. (Be Adopted) 192-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the Executive Office of Housing & Livable Communities 40R Smart Growth program in the approximate amount of THREE HUNDRED TWENTY-ONE THOUSAND DOLLARS ($321,000), for Lowe Park and other activities and city improvements. (Be Adopted) Report read and accepted. Motion and second to adopt Orders 191-24 and 192-24 by unanimous consent 10/0. 10 members present. Board consists of 11 members. Orders signed by the Mayor November 27, 2024 ----------------------------------------------------------------------------------------------------------------------- VII. ORDERS – FINANCE Waive Reading of orders 195-24 – 198-24 Stand referred to Finance Committee 195-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of Department of Justice COPS PACT (Promoting Access to Crisis Teams) CIT Grant funds in the approximate amount of THREE HUNDRED SEVENTY-ONE THOUSAND TWO HUNDRED TWENTY-THREE DOLLARS ($371,223) to expand upon the Police Department Crisis Intervention program. 196-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of Department of Justice COPS Recruitment & Retention Grant funds in the approximate amount of ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($175,000) for the purpose of implementing a Fitchburg Pathways to Employment Program and to further support the police department’s professional development program. 197-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of grant funds from the Commonwealth of Mass Executive Office of Public Safety and Security in the approximate amount of TWENTY-EIGHT THOUSAND SEVEN HUNDRED THIRTY-TWO ($28,732) for a Municipal Road Safety Program to enhance traffic and pedestrian safety through high-visibility police patrols and occupant protection mobilizations. 198-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of grant funds from the United Way of North Central Massachusetts, in the approximate amount of TEN THOUSAND DOLLARS ($10,000), awarded to the city Recreation Program from the DESE After School and Out of School Time Program Grant to help cover the cost of weekly STEAM (Science Technology Engineering Arts Math) activities in collaboration with the Fitchburg Public Library. ----------------------------------------------------------------------------------------------------------------------- VIII. ORDINANCE 193-24. AN ORDINANCE: Chapter 44, entitled Salaries, be amended by adding the following position: Municipal Hearing Officer Report to Executive Director of Community Development & Planning Stipend $200 per month, $80 per case. Motion and second to pass Ordinance to it’s 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 November 27, 2024. ----------------------------------------------------------------------------------------------------------------------- X. OTHER BUSINESS Next Regular Meeting Tuesday, December 3, 2024, at 7:00 PM The meeting adjourned at 10:18 P.M. ___________________________________ Joanna Bilotta-Simeone, City Clerk

Agenda

FITCHBURG CITY CLERK Nov 14 2024 2:56 pm WELCOME TO THE FITCHBURG CITY COUNCIL November 19, 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 (November 6, 2024) • Review the characterization of Sam Cole’s comments in the minutes of the 5/2/23 City Council Meeting. IV. COMMUNICATION Director of Parks and Recreation • Playground Communication Board In-kind Donation Grant from the Doug Flutie Foundation • Million Coaches Challenge National Recreation and Parks Association- Positive Coaching Alliance Virtual Coaching In-kind Grant V. REPORT OF COMMITTEES Finance Committee Meeting of November 7, 2024 Oral Report 185-24. ORDER THAT: the City of Fitchburg hereby raise and appropriate the sum of SIX HUNDRED FORTY-FIVE THOUSAND AND 00/100 DOLLARS ($645,000), crediting School Department Expenses, for the purpose of funding a shortfall in the Fiscal Year 2024 Net School Spending requirement. (Be Adopted) 186-24. ORDER THAT: there be and hereby is appropriated the sum of ELEVEN THOUSAND ONE HUNDRED THIRTY-FOUR AND 30/100 DOLLARS ($11,134.30) same to be charged against RESERVED FOR APPROPRIATION - TNC PER RIDE ASSESSMENT and credited to DPW CAPITAL EXPENSES - STREET REPAIR for the purpose of road repaving. (Be Adopted) 187-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the Massachusetts Executive Office of Energy and Environmental Affairs Municipal Vulnerability Preparedness Program Action Grant, for Nature Based Solutions for a Resilient Coolidge Park, in the approximate amount of THREE HUNDRED TWENTY-THREE THOUSAND ONE HUNDRED SIXTY DOLLARS ($323,160) to help mitigate flooding impacts by increasing Stormwater storage, recharge, and water quality. (Be Adopted) Page 1 188-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of grant funds from the Commonwealth of Massachusetts Community Compact grant program, in the approximate amount of FIFTY THOUSAND DOLLARS ($50,000) to develop a multi-year paving management plan. (Be Adopted) 189-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of grant funds from the Commonwealth of Massachusetts Community Compact grant program, in the approximate amount of FORTY THOUSAND DOLLARS ($40,000) to develop a capital improvement plan. (Be Adopted) 190-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of grant funds from the Massachusetts Department of Transportation Shared Streets and Spaces grant program, in the approximate amount of TWO HUNDRED FORTY-SIX THOUSAND EIGHT HUNDRED SIXTEEN and 56/100 DOLLARS ($246,816.56) to create a formal shared-use path along Railroad Street to the future pedestrian bridge. (Be Adopted) 191-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of grant funds from the Massachusetts Department of Culture and Recreation Mass Trails grant program, in the approximate amount of SEVENTY-EIGHT THOUSAND FIVE DOLLARS ($78,005) to improve a section of trail at the summit of Rollstone Hill, and to install Rock Walk signage. (Be Adopted) 192-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the Executive Office of Housing & Livable Communities 40R Smart Growth program in the approximate amount of THREE HUNDRED TWENTY-ONE THOUSAND DOLLARS ($321,000), for Lowe Park and other activities and city improvements. (Be Adopted) VI. PUBLIC HEARING – JOINT MEETING PLANNING BOARD & CITY COUNCIL 199-24. The Community Development & Planning Board, to amend the Fitchburg Zoning Ordinance to comply with MGL Chapter 40A Section 3A, “multi-family zoning as- of-right in MBTA Communities”. ZONING CHAPTER 181 Page 2 VII. ORDERS - FINANCE 195-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of Department of Justice COPS PACT (Promoting Access to Crisis Teams) CIT Grant funds in the approximate amount of THREE HUNDRED SEVENTY-ONE THOUSAND TWO HUNDRED TWENTY-THREE DOLLARS ($371,223) to expand upon the Police Department Crisis Intervention program. 196-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of Department of Justice COPS Recruitment & Retention Grant funds in the approximate amount of ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($175,000) for the purpose of implementing a Fitchburg Pathways to Employment Program and to further support the police department’s professional development program. 197-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of grant funds from the Commonwealth of Mass Executive Office of Public Safety and Security in the approximate amount of TWENTY-EIGHT THOUSAND SEVEN HUNDRED THIRTY-TWO ($28,732) for a Municipal Road Safety Program to enhance traffic and pedestrian safety through high-visibility police patrols and occupant protection mobilizations. 198-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of grant funds from the United Way of North Central Massachusetts, in the approximate amount of TEN THOUSAND DOLLARS ($10,000), awarded to the city Recreation Program from the DESE After School and Out of School Time Program Grant to help cover the cost of weekly STEAM (Science Technology Engineering Arts Math) activities in collaboration with the Fitchburg Public Library. VIII. ORDINANCE 193-24. AN ORDINANCE: Chapter 44, entitled Salaries, be amended by adding the following position: Municipal Hearing Officer Report to Executive Director of Community Development & Planning Stipend $200 per month, $80 per case. (Final Reading) IX. PETITION 199-24. The Community Development & Planning Board, to amend the Fitchburg Zoning Ordinance to comply with MGL Chapter 40A Section 3A, “multi-family zoning as- of-right in MBTA Communities”. (Suspension of rules) Page 3 X. OTHER BUSINESS Next Regular Meeting Tuesday, December 3, 2024, at 7:00 PM Page 4

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