City Council - 2.20.2024

City Council Meeting - 2.20.2024

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City Council Meeting Agenda 2.20.24 (application/pdf, 193 KB, opens in new window/tab)

Chapters

Public Forum (00:01:35)
Public Forum

Public Forum
Announcements (00:03:02)
Announcements

Announcements
Report of the Committee on Records (00:05:53)
Report of the Committee on Records

Report of the Committee on Records
Communications Her Honor the Mayor: Appointment (00:06:16)
Communications Her Honor the Mayor: Appointment

Communications: Her Honor the Mayor: V. COMMUNICATION Her Honor the Mayor 1. Appointment letter: Myles Phillips-Wilcox, as a member of the Fitchburg Human Rights Commission, for a term to expire March 5, 2027. 2. Appointment letter: Jill P. Lucius, as an Associate Member of the Fitchburg Agricultural Commission, for a term to expire March 5, 2025. 3. Appointment letter: Amanda Koech, to the position of Executive Director of Council on Aging, for a term to expire August 24, 2025. Ms. Koeck's appointment will be to complete the term of former Executive Director of the Council Aging, Jennifer Brennan. 4. Re-Appointment letter: Michelle Antaya Sciabarrasi, as a member of the Fitchburg Trustees of Public Burial Grounds, for a term to expire on January 28, 2027. 5. Re-Appointment letter: Charles E. Sternaimolo, as a member of the Fitchburg Historical Commission, for a term to expire February 1, 2027.
Communications Her Honor the Mayor: Promotion Letters (00:07:27)
Promotion Letters

1. Promotion letter: Provisional Lieutenant Stephen D. Bastien to the rank of Permanent Police Lieutenant 2. Promotion letter: Detective Robert C. Huse to the rank of Permanent Police Sergeant
Communications: Planning Board: 272-23-solar change in zoning (00:14:27)
Communications: Planning Board: 272-23-solar change in zoning

VI. COMMUNICATION Planning Board 272-23. Councilor Andrew J. Couture and Councilor Marisa Fleming, on behalf of all rural residential residents to initiate a solar change in zoning by introducing additional zoning to protect the rural residential neighborhoods. In addition, exclude solar on any watershed overlay district nor shall solar abut any RA or R2 districts. Planning Board Recommendation (Refer to Legislative Affairs
Annual Reports: 017-24 & 047-24 (00:14:47)
Annual Reports: 017-24 & 047-24

VII. ANNUAL REPORTS 017-24. ANNUAL REPORT: Independent City of Fitchburg Auditor's report for the year ending June 30, 2023. (Correct description, clerical error) 047-24. ANNUAL REPORT: City of Fitchburg OPEB Liability Report for the year ending June 30, 2023.
Reports of Committees: Finance (00:15:15)
Reports of Committees: Finance

VIII. REPORT OF COMMITTEES Finance Committee Meeting of February 15, 2024 Oral Report 013-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the Executive Office of Public Safety & Security Violence Against Women Act (VAWA) federal grant program in the approximate amount of $74,155.78 (SEVENTY-FOUR THOUSAND ONE HUNDRED FIFTY-FIVE AND 78/100 DOLLARS) for the purpose of retaining the Police Department's Domestic Violence Advocate position, as well as to support training and provide supplies during DV awareness month. (Be Adopted) 014-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the Executive Office of Public Safety & Security Justice Assistance Grant (JAG) allocation in the approximate amount of $45,702.51 (FORTY-FIVE THOUSAND SEVEN HUNDRED TWO AND 51/100 DOLLARS) to address unmet criminal justice and officer safety needs in the form of new radios and accessories. (Be Adopted) 026-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the Shannon Community Safety Initiative Grant awarded by the Executive Office of Public Safety & Security in the approximate amount of $450,250.50 (FOUR HUNDRED FIFTY THOUSAND TWO HUNDRED FIFTY AND 50/100 DOLLARS) for the purpose of partnering with multiple agencies to reduce gang and youth related violence. (Be Adopted) 019-24. ORDER THAT: the City of Fitchburg hereby appropriates and transfers the sum of $350,000 (THREE HUNDRED FIFTY THOUSAND DOLLARS) from Available Funds to the Stabilization Fund. (Be Adopted) 020-24. ORDER THAT: the City of Fitchburg hereby appropriates and transfers the sum of $250,000 (TWO HUNDRED FIFTY THOUSAND DOLLARS) from Available Funds to the Other Post-Employment Benefits (OPEB) Trust Fund. (Be Adopted) 021-24. ORDER THAT: the City of Fitchburg hereby appropriates and transfers the sum of $500,000 (FIVE HUNDRED THOUSAND DOLLARS) from Available Funds to the Stabilization Fund. (Be Adopted) 022-24. ORDER THAT: The City of Fitchburg hereby appropriates the sum of FIVE HUNDRED THOUSAND DOLLARS ($500,000) same to be charged against Available Funds and credited to the following DEPARTMENT OF PUBLIC WORKS, SNOW & ICE accounts: EQUIPMENT RENTAL $100,000.00 SALT $400,000.00 (Be Adopted) 023-24. ORDER THAT: there be and hereby is appropriated the sum of FOUR HUNDRED THOUSAND DOLLARS ($400,000) same to be charged against AVAILABLE FUNDS and credited to DPW ADMIN/ENGINEERING EXPENSES - Stormwater Contract Services. (Be Adopted) 024-24. ORDER THAT: there be and hereby is appropriated the sum of ONE HUNDRED FIFTY-TWO THOUSAND AND 00/100 DOLLARS ($152,000) same to be charged against AVAILABLE FUNDS and credited to the following accounts: LIBRARY - PERSONAL SERVICES $150,000 EMPLOYEE BENEFITS - OTHER $ 2,000 (Be Adopted) 025-24. ORDER THAT: the City of Fitchburg hereby appropriates the sum of $12,000 (TWELVE THOUSAND DOLLARS) from Available Funds, crediting TREASURER PERSONAL SERVICES - Sick Time Buyback. (Be Adopted) 028-24. ORDER THAT: there be and hereby is appropriated the sum of EIGHTY-TWO THOUSAND DOLLARS ($82,000) same to be charged against AIRPORT RECEIPTS RESERVED and credited to AIRPORT IMPROVEMENTS. (Be Adopted) Page 4 029-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds in the amount of EIGHTEEN THOUSAND DOLLARS ($18,000) allocated by Fitchburg State University through Mass Development's Transformative Development Initiative Creative Cities program to support Fitchburg's cultural initiatives including marketing, program activation, pop-up events, and Mill St. venue activation. (Be Adopted) 027-24. ORDER THAT: the City of Fitchburg hereby appropriates and transfers the sum of $305,703.81 (THREE HUNDRED FIVE THOUSAND SEVEN HUNDRED THREE AND 81/100 DOLLARS) from Available Funds to Receipts Reserved - Opioid Settlement Funds. (Be Adopted) 008-24. ORDER THAT: the City of Fitchburg hereby appropriates and transfers the sum of $42,240 (FORTY-TWO THOUSAND TWO HUNDRED FORTY DOLLARS) from LAW DEPARTMENT- PERSONAL SERVICES to LAW DEPARTMENTEXPENSES for the appointment of the City Solicitor. (Refer to Finance and Legislative Affairs) Mead, Talerman & Costa, LLC Attorneys at Law (Failed 3/2)
Report of Committees: Legislative Affairs: Order 270-23-007-24 (00:16:31)
Report of Committees: Legislative Affairs: Order 270-23-007-24

Legislative Affairs Committee Meeting of February 8, 2024 Oral Report 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) 007-24. James C. Pappas and three signatory voters, to amend Order 234-03 in order to correct errors in the title record as detailed in the enclosed petition. (Approved)
Reports of Committees: Legislative Affairs: Order 009-24 (00:20:09)
Reports of Committees: Legislative Affairs: Order 009-24

009-24. AN ORDINANCE: AN ORDINANCE: Amending Article VIII entitled ?Snow or Ice on Motor Vehicles? as outlined in the enclosed Ordinance. Chapter 157-94 shall be amended as outlined in the enclosed Ordinance. Chapter 169-10 entitled ?Violations and penalties? shall be renumbered to be Chapter 169-11. A new Chapter 169-10 entitled ?Duty to remove snow or ice from motor vehicles? shall be inserted and read as outlined in the enclosed Ordinance. (Approved)
Reports of Committees: Legislative Affairs: Order 016-24 (00:20:33)
Reports of Committees: Legislative Affairs: Order 016-24

016-24. Councilor Beauchemin to amend Chapter ?169-58 of the City Code with respect to penalties for violations of snow parking bans as enclosed in the attached petition. (Approved)
Reports of Committees: Legislative Affairs: Order 036-24 (00:24:08)
Reports of Committees: Legislative Affairs: Order 036-24

036-24. Councilor Marisa Fleming to accept local option statute M.G.L. c. 140 ? 139(c), exempting dogs owned by persons over 70 from dog licensure fees. (Approved 4/1)
Orders: Order 038-24 - 042-24 (00:40:34)
Orders: Order 038-24 - 042-24

IX. ORDERS 038-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the Department of Mental Health police-based Jail Diversion Program (JDP) in the approximate amount of FIFTY-NINE THOUSAND DOLLARS ($59,000) for the purpose of maintaining the Police Department Crisis Intervention Team (CIT). 039-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from Massachusetts Emergency Management Performance Grant (EMPG) in the approximate amount of TWENTY THOUSAND ONE HUNDRED FIFTY DOLLARS ($20,150) for the purpose of purchasing hazmat suits, a dry suit, swift water foot protection, and gas meter upgrades. 040-24. ORDER THAT: the City of Fitchburg hereby approves the expenditure of grant funds in the amount of ONE THOUSAND FOUR HUNDRED SEVEN DOLLARS ($1,407) from the Fitchburg Cultural Council in support of the Parks and Recreation Department Concerts on the Common music series. 041-24. ORDER THAT: the City of Fitchburg hereby approves the transfer of SIXTY-NINE THOUSAND AND 00/100 DOLLARS ($69,000) from HEALTH - SANITARY LANDFILL EXPENSES to HEALTH - RUBBISH REMOVAL EXPENSES
Orders- Other: 042-24 (00:40:48)
Orders- Other: 042-24

X. ORDERS - OTHER 042-24. ORDER THAT: To adopt the enclosed Order of Taking to acquire the parcel known as 580 John Fitch Highway for public general municipal purposes, specifically the redesign of the intersection of John Fitch Highway and Lunenburg Street, for a total amount of Five Hundred Fifty Thousand Dollars ($550,000.00). Taking 580 John Fitch Highway
Orders-Other: Order 043-24 (00:47:01)
Orders-Other: Order 043-24

043-24. ORDER THAT: To authorize the sale of the parcel known as 70 Clarendon Street through the Side Yard Sales program by recommendation of the Side Yard Sales Commission
Petitions: (00:48:16)
Petitions:

XI. PETITIONS 044-24. Marisa Fleming on behalf of Maritza Rivera of 478 Pearl St to install a blind driveway sign. This is to ensure oncoming vehicles traveling in both directions of Pearl St are aware of this hidden driveway. To also change the thru way between the monument and the house from a two way street to a one way street entering one way from Pearl St to Townsend St. (Public Safety)
Reports of Committees: Finance: Order 008-24 (00:49:00)
Reports of Committees: Finance: Order 008-24

VIII. REPORT OF COMMITTEES 008-24. ORDER THAT: the City of Fitchburg hereby appropriates and transfers the sum of $42,240 (FORTY-TWO THOUSAND TWO HUNDRED FORTY DOLLARS) from LAW DEPARTMENT- PERSONAL SERVICES to LAW DEPARTMENTEXPENSES for the appointment of the City Solicitor. (Refer to Finance and Legislative Affairs) Mead, Talerman & Costa, LLC Attorneys at Law (Failed 3/2)