City Council - 12.19.2023

City Council Meeting - 12.19.2023

File Attachments:

City Council Meeting Agenda 12.19.23 (pdf, 490 KB, opens in new window/tab)

Chapters

Public Forum (00:01:39)
Public Forum

Public Forum
Announcements (00:02:08)
Announcements

Announcements
Report of the Appointments Committee (00:04:43)
Report of the Appointments Committee

III. REPORT OF THE APPOINTMENTS COMMITTEE New Appointment: Chief Engineer/Fire Chief Fitchburg Fire Department Mr. Dante W. Suarez
Report of Committee on Records (00:16:20)
Report of Committee on Records

Report of Committee on Records
Communications: His Honor the Mayor (00:17:00)
Communications: His Honor the Mayor

V. COMMUNICATIONS His Honor the Mayor 1. New Appointment letter: Nancy Donohue, as a member of the Fitchburg Council on Aging, term to expire December 5, 2026. 2. New Appointment letter: Ellen Corduan, as a member of the Fitchburg Disability Commission, term to expire January 1, 2027. 3. Re-Appointment letter: Michael Donnelly, as a member of the Conservation Commission, term to expire January 1, 2027. 4. Re-Appointment letter: Mark F. Christian, as a member of the Conservation Commission, term to expire January 1, 2027. 5. Re-Appointment letter: Jerri Maillet, as a member of the Board of Assessors, term to expire January 1, 2027. 6. Re-Appointment letter: Ryan Beauvais, as a member of the Board of Assessors, term to expire January 1, 2026. 7. Re-Appointment letter: Barbara Nealon, as a member of the Human Rights Commission, term to expire January 1, 2027. 8. Re-Appointment letter: James Reynolds, as an Associate member of the Zoning Board of Appeals, term to expire October 1, 2025. 9. Re-Appointment letter: Matt Bruun, as a member of the Board of Trustees for the Public Library, term to expire January 2, 2027. 10. Re-Appointment letter: Mary Rice Hurley, as a member of the Board of Trustees for the Public Library, term to expire January 2, 2027. 11. Re-Appointment letter: James Walsh, as a member of the Board of Trustees for the Public Library, term to expire January 2, 2027. 12. Re-Appointment letter: Cynthia Jones, as a member of the Board of Trustees for the Public Library, term to expire January 2, 2026. 13. Re-Appointment letter: Joanne Huse, as a member of the Board of Trustees for the Public Library, term to expire January 2, 2026. 14. Re-Appointment letter: Muna Knagsen, as a member of the Board of Trustees for the Public Library, term to expire July 1, 2026. 15. Re-Appointment letter: Dennis Pierce, as a member of the Board of Trustees for the Public Library, term to expire July 1, 2026. 16. Re-Appointment letter: Mary Whitney, as a member of the Board of Park Commissioners, term to expire April 1, 2026.
Special Presentation: DPW Wastewater Division:Anaerobic Digestion Facility (00:17:41)
Special Presentation: DPW Wastewater Division:Anaerobic Digestion Facility

VI. SPECIAL PRESENTATION The DPW Wastewater Division to give an update on the City's efforts to repurpose the former West Wastewater Treatment Facility into an Anaerobic Digestion Facility.
Report of Committees: Legislative Affairs (01:55:01)
Report of Committees: Legislative Affairs

REPORT OF COMMITTEES Legislative Affairs Committee Oral Report Meeting of November 30, 2023 Correction on Petition Number RE-VOTE 097-23. Petition to review attached disclosure Municipal Employees pursuant to G.L c268A, ?20 (a) (b) to approve the same. (Held) 161-23. Councilor Beauchemin, if satellite dish is coming into the City of Fitchburg, the company needs to obtain written approval from the property owner of said property. If the subscriber leaves and no other residents are utilizing the satellite dish, the company must come and remove the dish from existing property. (Held) 219-23. 218-23 Liz Murphy, Economic Director, to designate the FRA as Special Municipal Employees pursuant to G.L c268A, ?20 (d). (Approved) 220-23. Councilor Anthony Zarrella, to accept M.G.L. c. 41, s. 19H as a local option. (Approved) 253-23. Review and approve the attached Disclosure by Municipal Employee or Financial Interest in Municipal Contract as required by G.L. c. 269A ?20(B). WHEREAS, in his regular course of business, the Chairman of the Water & Wastewater Commission is a real estate broker operating in the City of Fitchburg and has listed for sale the property located at 580 Lunenburg Street, John Fitch Highway, Fitchburg, MA 01420. WHEREAS, it appears that it is in the best interest of the City of Fitchburg to acquire a piece of real estate, which he was hired to list and sell. WHEREAS, the Chairman of the Water & Wastewater Commission wishes to disclose the interest in the contract and have this body formally waive any potential conflict of interest. WHEREFORE, it is respectfully requested that this Honorable Body look favorably upon this Petition and endorse the disclosure, indicating its approval of the waiver of any potential conflict of interest. (Approved) 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.(Held) 271-23. Liz Murphy, Executive Director Community Development & Planning Board, to establish, order and designate members of the Planning Board as special municipal employees under M.G.L. c. 268A ?1(n), also known as the Conflict of Interest Law. (Previously filed as 218-23 should be 219-23) (Approved) Report read and accepted excluding 161-23 by unanimous consent 10/0. 10 members present. Board consists of 11 members. On 161-23 after discussion motion and second Leave to Withdraw by a vote of 9 in favor, 1 opposed (Beauchemin) 9/1. 10 members present. Board consists of 11 members.
Public Hearing: Comcast request installation of new conduit (01:55:41)
Public Hearing: Comcast request installation of new conduit

VIII. PUBLIC HEARING 273-23. Comcast, to request a grant of location for the purpose of installing a new conduit to provide Comcast service to 100 Elm Street in Fitchburg.
Orders- Finance -275-23. Franchise Fee (02:04:59)
Orders- Finance -275-23. Franchise Fee

ORDERS - FINANCE 275-23. ORDER THAT: there be and hereby is appropriated the sum of ONE HUNDRED EIGHTEEN THOUSAND SEVEN HUNDRED TWENTY-FOUR AND 45/100 DOLLARS ($118,724.45) from RESERVE FOR APPROPRIATION, PEG ACCESS and credited to INFORMATION TECHNOLOGY, FRANCHISE FEE for the purpose of remitting to FATV the third quarter 2023 franchise fees. (Suspension of Rules)
Orders - Other- 280-23: 10 Northmen Passway (02:06:05)
Orders - Other- 280-23: 10 Northmen Passway

X. ORDERS - OTHER 280-23. ORDERED THAT: in consideration of the payment of Three Hundred ($300.00) Dollars, to be paid to the City Treasurer inclusive of the cost of recording and a pro forma tax as required by Chapter 44, Section 63A, the City of Fitchburg sells the above described parcel of land to said purchasers through the City's Side Yard Sales Program, subject to the following restrictions, which shall run with the parcel and be enforceable by the City, that said parcel: 10 Northmen Passway Shall be kept free of garbage and debris, and Shall, be subject to the City maintaining the right of first refusal as described in the attached Agreement of First Refusal, and Shall, henceforth be conveyed in tandem with the abutting lot, and into the same record ownership. AND IT IS FURTHER ORDERED AND VOTED: That Stephen L. DiNatale, Mayor of the City of Fitchburg, be and is hereby authorized for and on behalf of said City to execute, acknowledge and deliver said deed of conveyance in form substantially similar to that attached hereto, and execute the Agreement for Right of First Refusal and to take any other action and execute any other documents required or convenient for conclusion of the sale thereof.