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City Council

Regular Meeting

Fitchburg, MA · November 1, 2022

AgendaMinutes

Minutes

FITCHBURG CITY CLERK Dec 06 2022 6:12 pm City of Fitchburg Massachusetts 01420 8:28 am, Mar 17, 2025 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 Green Vice President Andrew J. Van Hazinga Ward 4 – Andrew J. Van Hazinga Samantha M. Squailia 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 1, 2022. The meeting was called to order by President Anthony Zarrella at 7:02 P.M. The meeting opened with a salute to the Flag led by Councilor DiNatale. The City Clerk called the roll and 10 Councilors were present, Councilor Cragin was absent. 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. Jessica Jacobson, read a statement in support of petition number 255-22 & 267-22 Jacquelyn Wehtje, Fitchburg resident, read a statement in support of petition number 255-22. & 267-22 Jean Raabe, 919 Water Street, read a statement in support of petition number 255-22. ----------------------------------------------------------------------------------------------------------------------- II. REPORT OF THE APPOINTMENTS COMMITTEE Appointments Committee Oral Report Meeting of November 1, 2022 Re-Appointment: Human Rights Commission (Term to expire October 1, 2025) Hafsa Asfa Re-Appointment: Human Rights Commission (Term to expire September 1, 2025) Jamie Darcangelo Re-Appointment: Human Rights Commission (Term to expire May 1, 2025) Krista Ford-Rhodes Report read and accepted. Appointments confirmed by unanimous consent 10/0. 10 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- III. REPORT OF COMMITTEE ON RECORDS The Committee on records reported the minutes of the Regular Meeting of October 18, 2022 were correctly recorded. Report accepted and minutes adopted. ----------------------------------------------------------------------------------------------------------------------- IV. COMMUNICATIONS His Honor the Mayor 1. Re-Appointment letter: Mariah A. Pridgen, as an Associate Member of the Human Rights Commission, term to expire December 1, 2024. 2. Re-Appointment letter: Maryann Ashraf, as an Associate Member of the Human Rights Commission, term to expire February 4, 2025. 3. Re-Appointment letter: Jacalyn A. Kremer, as a Member of the Board of Trustees of the Public Library, term to expire October 1, 2024. 4. Re-Appointment letter: Richard Liberatore, as a Member of the Airport Commission, term to expire July 1, 2025. 5. Re-Appointment letter: Peter Capodagli, as a Member of the Planning Board, term to expire June 1, 2027. Appointments read and referred to the Appointments Committee. ----------------------------------------------------------------------------------------------------------------------- VI. REPORTS OF COMMITTEES Legislative Affairs Oral Report Meeting of October 26, 2022 255-22. Councilor Marcus DiNatale, on behalf of Fitchburg resident Jacquelyn Wehjte, to change the method by which members of the Board of Health are chosen from appointive to elective. Members would serve 4 year terms and be chosen by the people of Fitchburg via the November municipal election ballot on odd numbered years. Signature requirements for ballot placement would be 50 valid certified signatures from Fitchburg registered voters across all wards and precincts. If there are more than double the number of candidates (more than 6) for the number of seats (3 seats), a preliminary election will be held on a date subject to City Council approval. (Given Leave to Withdraw) Report read and accepted by a vote of 10/0. 10 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- Public Works Committee Oral Report Meeting of October 25, 2022 Public Works Meeting Minutes 258-22 Councilors Sam Squailia and Bernie Schultz on behalf of Janet Rivera to remedy the sidewalk area in front of 367 Water St per the following: Remove the existing tree that is causing significant sidewalk heaving, repair the sidewalk to allow for accessible access, repoint the mortar joints on the granite block wall in that area. (The Committee voted 3-1 that the petition be APPROVED AS AMENDED to remove the tree and repair the sidewalk). 259-22 Councilors Sam Squailia suggested amendments to the Main St / Boulder Dr. Suggested Amendments to the Main St / Boulder Dr Layout See Link for: Public Works Committee Minutes 089-20. Councilor Bernie Schultz, and resident Alex Freeman of 70 Rainville Avenue, to remove the “No Turn on Red” sign at the intersection of John T. Centrino Memorial Drive and Water Street. (The Committee voted 4-0 that the petition be HELD PENDING TRAFFIC STUDY). 093-22. Councilor Sam Squailia on behalf of resident Nick Hains, to add a 4-way controlled stop at the intersection of Victoria Lane, Industrial Drive and Game-On Way. During times of heavy traffic flow in or out of the Game-On facility, residents of Victoria Lane do not have the right of way to cross, and thus must wait for long periods while the traffic lines go through. If a 4-way stop sign is not feasible, an alternate solution shall be investigated by the city. (The Committee voted 4-0 that the petition be HELD PENDING TRAFFIC STUDY). 243-22 Councilor Bernie Schultz and Judy Perla of 236 Walton Street to install a yield sign on Pole 1615 facing out on Munroe Street at the intersection of Fairbanks and Munroe Streets to improve traffic safety when motorists depart from South Street Elementary School. (The Committee voted 4-0 that the petition be HELD PENDING REVIEW BY PUBLIC SAFETY COMMITTEE). 244-22 Councilor Derrick Cruz on behalf of Tyrone and Sheila Tines, residents of Clyde Street. I request that the City of Fitchburg implement either “No Parking from Here to the Corner” or “No Parking Signs” at the corner of Hancock and Summer Street, an appropriate distance on both sides. As residents exiting Hancock Street cannot see past the row of cars parked there, it has become a public safety concern for them. (The Committee voted 4-0 that the petition be HELD PENDING REVIEW BY PUBLIC SAFETY COMMITTEE). Report read and accepted by a vote of 10/0. 10 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- VI. ORDERS 260-22. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the MEMA Emergency Management State Homeland Security Program grant in the approximate amount of $5,000.00 (FIVE THOUSAND AND 00/100 DOLLARS) for the purpose of said grant, which is to purchase lighting equipment for the Community Emergency Response Team (CERT). (Referred to Finance Committee) 261-22. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the Cemetery Perpetual Care Expendable Trust Fund not to exceed the amount of $32,000.00 (THIRTY-TWO THOUSAND AND 00/100 DOLLARS) for the replacement of fencing at Laurel Hill Cemetery. (Referred to Finance Committee) 262-22. ORDER THAT: the City of Fitchburg hereby approves the expenditure of additional funds from the Massachusetts Executive Office of Public Safety and Security, Office of Grants and Research grant in the approximate amount of $61,570.00 (SIXTY-ONE THOUSAND, FIVE HUNDRED SEVENTY AND 00/100 DOLLARS) for the purpose of said grant, which is to enhance traffic safety through high-visibility enforcement patrols focusing on impaired driving and occupant protection mobilizations. (Referred to Finance Committee) 263-22. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the Department of Justice, Office of Justice Programs grant in the approximate amount of $22,966.00 (TWENTY-TWO THOUSAND, NINE HUNDRED SIXTY- SIX AND 00/100 DOLLARS) for the purpose of said grant, which is to purchase tactical equipment and for community policing related overtime. (Referred to Finance Committee) 264-22. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the Digital Federal Credit Union gift in the approximate amount of $5,000.00 (FIVE THOUSAND AND 00/100 DOLLARS) for the purpose of said gift, which is to support the Police Department efforts in providing quality programs to our city’s youth. (Referred to Finance Committee) 265-22. ORDER THAT: there be and hereby is transferred from within the sum of TWENTY-TWO THOUSAND, THREE HUNDRED AND 00/100 DOLLARS ($22,300.00) same to be transferred from RESERVE FOR OTHER MUNICIPAL PURPOSES, CAPITAL EXPENSES and credited to POLICE, MAINTENANCE OF BUILDING, REPAIR AND CARE for the purpose of repairing the generator and of renting scaffolding for another year. (Referred to Finance Committee) 266-22. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the Community Foundation of North Central Massachusetts grant in the approximate amount of $8,196.83 (EIGHT THOUSAND, ONE HUNDRED NINETY-SIX AND 83/100 DOLLARS) for the purpose of said grant, which is to design and build a stage at Riverfront Park. (Referred to Finance Committee) Order 260-22 – 266-22 approved by unanimous consent of 10/0. 10 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- VII. ORDINANCE 268-22. AN ORDINANCE: To Amend Chapter 181.313 Industrial Section of the section 181.313 Table of Principal Use Regulations. (First Reading) President Zarrella recused himself at 7:30 PM Presdient Zarella returned at 7:33 PM Ordinance was sent to first and second reading and ordered advertised by vote of 8/1 (Fleming). 9 members present. Board consists of 11 members. ----------------------------------------------------------------------------------------------------------------------- IX. PETITIONS The Following Petition was referred Legislative Affairs: 267-22. Board of Health Director Steve Curry, to designate the Board of Health as Special Municipal Employees pursuant to G.L c268A, §20 (d). ----------------------------------------------------------------------------------------------------------------------- VIII. ANNOUNCEMENTS Councilor Schultz submitted: The next meeting of the Widowed Helping Widowed Support Group will take place on Thursday, November 3, 2022 from 4 until 5:30 p.m. in Room 203 at the Fitchburg State University Recreation Center, 130 North Street. Kelley Lynn and Bernie Schultz will co-facilitate the meeting. Councilor Amy Green: president of the Fitchburg historical society invites you to our 3rd Fitchburg trivia night. Saturday November 5th, at 6pm at the Fitchburg Historical Society, 781 Main Street. The theme for this event is "turkey day". We will focus our history questions about the long standing football rivalry between Fitchburg & Leominster throughout the years. A pasta dinner is included for the $ 25 cover charge. Visit our website to purchase tickets. City Clerk Joanna Bilotta: Reminding all voters that in-person early voting for the November 8th State Election is going on through Friday November 4th 8:30 – 4:30 PM, here at the Legislative Building. ---------------------------------------------------------------------------------------------------------------------- IX. OTHER BUSINESS Next Regular Meeting Tuesday, November 15, 2022 - 7:00 PM The meeting adjourned at 7:33 P.M. ___________________________________ Joanna Bilotta-Simeone, City Clerk

Agenda

2:41 pm, Nov 01, 2022 WELCOME TO THE FITCHBURG CITY COUNCIL November 1, 2022 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 address. 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. II. REPORT OF THE APPOINTMENTS COMMITTEE Appointments Committee Oral Report Meeting of November 1, 2022 Re-Appointment: Human Rights Commission (Term to expire October 1, 2025) Hafsa Asfa Re-Appointment: Human Rights Commission (Term to expire September 1, 2025) Jamie Darcangelo Re-Appointment: Human Rights Commission (Term to expire May 1, 2025) Krista Ford-Rhodes III. REPORT OF COMMITTEE ON RECORDS IV. COMMUNICATIONS His Honor the Mayor 1. Re-Appointment letter: Mariah A. Pridgen, as an Associate Member of the Human Rights Commission, term to expire December 1, 2024. 2. Re-Appointment letter: Maryann Ashraf, as an Associate Member of the Human Rights Commission, term to expire February 4, 2025. 3. Re-Appointment letter: Jacalyn A. Kremer, as a Member of the Board of Trustees of the Public Library, term to expire October 1, 2024. 4. Re-Appointment letter: Richard Liberatore, as a Member of the Airport Commission, term to expire July 1, 2025. 5. Re-Appointment letter: Peter Capodagli, as a Member of the Planning Board, term to expire June 1, 2027. Page 1 V. REPORTS OF COMMITTEES Legislative Affairs Oral Report Meeting of October 26, 2022 255-22. Councilor Marcus DiNatale, on behalf of Fitchburg resident Jacquelyn Wehjte, to change the method by which members of the Board of Health are chosen from appointive to elective. Members would serve 4 year terms and be chosen by the people of Fitchburg via the November municipal election ballot on odd numbered years. Signature requirements for ballot placement would be 50 valid certified signatures from Fitchburg registered voters across all wards and precincts. If there are more than double the number of candidates (more than 6) for the number of seats (3 seats), a preliminary election will be held on a date subject to City Council approval. (Given Leave to Withdraw) Public Works Committee Oral Report Meeting of October 25, 2022 Public Works Meeting Minutes 258-22 Councilors Sam Squailia and Bernie Schultz on behalf of Janet Rivera to remedy the sidewalk area in front of 367 Water St per the following: Remove the existing tree that is causing significant sidewalk heaving, repair the sidewalk to allow for accessible access, repoint the mortar joints on the granite block wall in that area. (The Committee voted 3-1 that the petition be APPROVED AS AMENDED to remove the tree and repair the sidewalk). 259-22 Councilors Sam Squailia suggested amendments to the Main St / Boulder Dr. Suggested Amendments to the Main St / Boulder Dr Layout See Link for: Public Works Committee Minutes 089-20. Councilor Bernie Schultz, and resident Alex Freeman of 70 Rainville Avenue, to remove the “No Turn on Red” sign at the intersection of John T. Centrino Memorial Drive and Water Street. (The Committee voted 4-0 that the petition be HELD PENDING TRAFFIC STUDY). 093-22. Councilor Sam Squailia on behalf of resident Nick Hains, to add a 4-way controlled stop at the intersection of Victoria Lane, Industrial Drive and Game-On Way. During times of heavy traffic flow in or out of the Game-On facility, residents of Victoria Lane do not have the right of way to cross, and thus must wait for long periods while the traffic lines go through. If a 4-way stop sign is not feasible, an alternate solution shall be investigated by the city. (The Committee voted 4-0 that the petition be HELD PENDING TRAFFIC STUDY). 243-22 Councilor Bernie Schultz and Judy Perla of 236 Walton Street to install a yield sign on Pole 1615 facing out on Munroe Street at the intersection of Fairbanks and Munroe Streets to improve traffic safety when motorists depart from South Street Elementary School. (The Committee voted 4-0 that the petition be HELD PENDING REVIEW BY PUBLIC SAFETY COMMITTEE). Page 2 244-22 Councilor Derrick Cruz on behalf of Tyrone and Sheila Tines, residents of Clyde Street. I request that the City of Fitchburg implement either “No Parking from Here to the Corner” or “No Parking Signs” at the corner of Hancock and Summer Street, an appropriate distance on both sides. As residents exiting Hancock Street cannot see past the row of cars parked there, it has become a public safety concern for them. (The Committee voted 4-0 that the petition be HELD PENDING REVIEW BY PUBLIC SAFETY COMMITTEE). VI. ORDERS 260-22. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the MEMA Emergency Management State Homeland Security Program grant in the approximate amount of $5,000.00 (FIVE THOUSAND AND 00/100 DOLLARS) for the purpose of said grant, which is to purchase lighting equipment for the Community Emergency Response Team (CERT). (Refer to Finance Committee) 261-22. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the Cemetery Perpetual Care Expendable Trust Fund not to exceed the amount of $32,000.00 (THIRTY-TWO THOUSAND AND 00/100 DOLLARS) for the replacement of fencing at Laurel Hill Cemetery. (Refer to Finance Committee) 262-22. ORDER THAT: the City of Fitchburg hereby approves the expenditure of additional funds from the Massachusetts Executive Office of Public Safety and Security, Office of Grants and Research grant in the approximate amount of $61,570.00 (SIXTY-ONE THOUSAND, FIVE HUNDRED SEVENTY AND 00/100 DOLLARS) for the purpose of said grant, which is to enhance traffic safety through high-visibility enforcement patrols focusing on impaired driving and occupant protection mobilizations. (Refer to Finance Committee) 263-22. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the Department of Justice, Office of Justice Programs grant in the approximate amount of $22,966.00 (TWENTY-TWO THOUSAND, NINE HUNDRED SIXTY- SIX AND 00/100 DOLLARS) for the purpose of said grant, which is to purchase tactical equipment and for community policing related overtime. (Refer to Finance Committee) 264-22. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the Digital Federal Credit Union gift in the approximate amount of $5,000.00 (FIVE THOUSAND AND 00/100 DOLLARS) for the purpose of said gift, which is to support the Police Department efforts in providing quality programs to our city’s youth. (Refer to Finance Committee) Page 3 265-22. ORDER THAT: there be and hereby is transferred from within the sum of TWENTY-TWO THOUSAND, THREE HUNDRED AND 00/100 DOLLARS ($22,300.00) same to be transferred from RESERVE FOR OTHER MUNICIPAL PURPOSES, CAPITAL EXPENSES and credited to POLICE, MAINTENANCE OF BUILDING, REPAIR AND CARE for the purpose of repairing the generator and of renting scaffolding for another year. (Refer to Finance Committee) 266-22. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from the Community Foundation of North Central Massachusetts grant in the approximate amount of $8,196.83 (EIGHT THOUSAND, ONE HUNDRED NINETY-SIX AND 83/100 DOLLARS) for the purpose of said grant, which is to design and build a stage at Riverfront Park. (Refer to Finance Committee) VII. ORDINANCE 268-22. AN ORDINANCE: To Amend Chapter 181.313 Industrial Section of the section 181.313 Table of Principal Use Regulations. (First Reading) VIII. PETITIONS 267-22. Board of Health Director Steve Curry, to designate the Board of Health as Special Municipal Employees pursuant to G.L c268A, §20 (d). (Refer to Legislative Affairs) IX. ANNOUNCEMENTS X. OTHER BUSINESS Next Regular Meeting Tuesday, November 15st, 2022 - 7:00 PM Page 4

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