City Council
Regular MeetingFitchburg, MA · February 21, 2023
Minutes
FITCHBURG CITY CLERK
Mar 16 2023 8:21 am
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
Vice President Ward 3 – Andrew J. Couture
Amy Green
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 February 21, 2023.
The meeting was called to order by President Anthony Zarrella at 7:11 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 Schultz was absent). Board consists of 11 members.
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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.
Jacquelyn Wehtje Fitchburg, spoke on agenda item number 6 and 9, supports 046-23 of no
confidence in Waste Management. Spoke in opposition of ordinance 036-23.
Emmy, Fitchburg, spoke in support of the Mayor on 036-23.
Jean Raabe, Fitchburg, in opposition of ordinance 036-23.
Peter Kettle, McIntire Road, Fitchburg, spoke in support of 14-23 and putting one street light on the
corner of McIntire Road.
Kyle Smith, McIntire Road, in support of 14-23 and putting a street light on the corner of McIntire
Road.
Tanya Neslusan, Executive Director, MassEquality, in support of 036-23.
Mary Lotze, Fitchburg, spoke on ordinance 036-23 and specific flags to fly.
Jessica Jacobson, Fitchburg, read a statement in opposition of ordinance 036-23.
Joy LeCuyer, Fitchburg, read a statement in opposition of ordinance 036-23.
Phillip Valerie, Leominster, spoke in opposition of ordinance 036-23.
Ms. Lumis, Fitchburg, continued to read a statement in opposition of ordinance 036-23.
Ms. Aires, Fitchburg, spoke in opposition of ordinance 036-23.
Michael King, Director of Community Alliance, spoke in opposition of ordinance 036-23.
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II. REPORT OF THE APPOINTMENTS COMMITTEE
Appointments Committee
Oral Report
Meeting of February 21, 2023
The Appointments Committee recommended the following Appointment be withdrawn:
New Appointment:
Board of Health
(Term to expire February 6, 2026)
Jacqueline T. Lessard
See Below Communication His Honor the Mayor
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The Appointments Committee recommended the following Appointment be confirmed:
Permanent Full Time Firefighters
For the City of Fitchburg
Ryan M. Preville
Patrick Swenson
Seth Viles
New Appointment:
Assistant City Clerk
(Term to expire February 21, 2026)
Elizabeth McNiff
Report accepted. Appointment confirmed by unanimous consent 10/0. 10 members present. Board
consists of 11 members.
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III. REPORT OF COMMITTEE ON RECORDS
The Committee on records reported the minutes of the Regular Meeting of February 7, 2023 was
correctly recorded. Report accepted and minutes adopted.
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IV. COMMUNICATION
His Honor the Mayor
Withdrawal letter for the January 19, 2023 appointment requesting City Council to confirm Ms.
Jacqueline T. Lessard to serve as a member of the Fitchburg Board of Health.
1. Re-Appointment letter:
Richard Liberatore, as a member of the Airport Commission, term to expire July 1, 2025.
2. Re-Appointment letter:
Deborah Dion, as member of the Fitchburg Council on Aging, term to expire January 1,
2026.
3. Re-Appointment letter:
Joseph Byrne, as member of the Fitchburg Council on Aging, term to expire December 31,
2025.
4. Re-Appointment letter:
Bonnie Hautala, as member of the Fitchburg Council on Aging, term to expire December
31, 2025.
5. Appointment letter:
Ingrid Wheeler, as a member of the Agricultural Commission, term to expire April 1, 2026.
6. Appointment letter:
Yonna Coon, as a member of the Agricultural Commission, term to expire April 1, 2026.
7. Appointment letter:
Jen Barlow, as a member of the Agricultural Commission, term to expire April 1, 2025.
8. Appointment letter:
James K. Momanyi, as a member of the Agricultural Commission, term to expire April 1,
2025.
9. Appointment letter:
Evan Halstead, as a member of the Agricultural Commission, term to expire April 1, 2024.
10. Appointment letter:
Mary Cringan, as a member of the Board of Park Commissioners, term to expire May 1,
2028.
The Appointments was read and referred to the Appointments Committee by unanimous consent
10/0. 10 members present. Board consists of 11 members.
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Community Development Block Grant Year 49
(To be referred to the Finance Committee)
CDBG Year 49
Communication referred to the Finance Committee.
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V. SPECIAL PRESENTATIONS
Presentation from National Grid the A1/B2 Asset Condition Refurbishment Project
National Grid Presentation
Copy of the Special Presentation is filed in the City Clerk’s Office.
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VI. REPORTS OF COMMITTEES
Finance Committee
Meeting of February 8, 2023
Finance Committee Minutes
028-23. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds
from the Massachusetts Department of Environmental Protection, Sustainable
Materials Recovery Program grant in the approximate amount of $27,000.00
(TWENTY-SEVEN THOUSAND AND 00/100 DOLLARS) for the purpose of said
grant, which is to continue to provide residents with more robust information about
waste disposal and recycling, purchase additional carts for the curbside program,
expand the current program, and reduce , reuse, and recycle in school cafeterias.
(Be Adopted)
029-23. ORDER THAT: there be and hereby is appropriated the sum of SIXTY
THOUSAND AND 00/100 DOLLARS ($60,000.00) same to be charged against
AVAILABLE FUNDS and credited to FIRE, EQUIPMENT & REPAIR, GAS &
OIL.
(Be Adopted)
030-23. ORDER THAT: there be and hereby is transferred from within the sum of SIX
THOUSAND AND 00/100 DOLLARS ($6,000.00) same to be transferred from
PARKS PERSONAL SERVICES, SUMMER HELP and credited to PARKS
PERSONAL SERVICES, OVERTIME.
(Be Adopted)
031-23. ORDER THAT: there be and hereby is transferred the sum of FOUR HUNDRED
THOUSAND AND 00/100 DOLLARS ($400,000.00) same to be charged against
RESERVE FOR SNOW & ICE REMOVAL and credited to the following
DEPARTMENT OF PUBLIC WORKS, SNOW & ICE accounts:
EQUIPMENT RENTAL $100,000.00
SALT $300,000.00.
(Be Adopted)
032-23. 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 in the approximate
amount of $109,000.00 (ONE HUNDRED NINE THOUSAND AND 00/100
DOLLARS) for the purpose of said grant, which is to develop nature-based
solutions to stormwater issues in the area north of the western end of Main Street.
(Be Adopted)
033-23. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds
from the Massachusetts Division of Ecological Restoration, Culvert Replacement
Municipal Assistance Grant in the approximate amount of $143,500.00 (ONE
HUNDRED FORTY-THREE THOUSAND, FIVE HUNDRED AND 00/100
DOLLARS) for the purpose of said grant, which is to design two replacement
culverts along Ashby West Road.
(Be Adopted)
034-23. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds
from the Massachusetts Executive Office of Energy and Environmental Affairs,
Dam & Seawall Repair or Removal Grant in the approximate amount of $38,925.00
(THIRTY-EIGHT THOUSAND, NINE HUNDRED TWENTY-FIVE AND 00/100
DOLLARS) for the purpose of said grant, which is to complete the design work and
file permits for the removal of McTaggart’s Pond Dam.
(Be Adopted)
Report read and accepted. Orders 028-23 through 034-23 were adopted by unanimous consent
10/0. 10 members present. Board consists of 11 members.
Orders signed by the Mayor February 23, 2023
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American Rescue Plan Act Budget
Link to the American Rescue Plan Act Budge
(Be Adopted)
Counilor DiNatale stated that during the finance committee meeting there was concern pertaining
to the Pfast Chemical used in the turf fields. There are representatives from the School Department
and Gale Associates, Inc.to speak on this matter.
Kathleen Hervol, Gale Associates, Inc. spoke to the concerns of polycyclic aromatic hydrocarbons
(PAHs) and how it has been involving over the years. The PAHs levels being used at crocker field
are very low and in most cases non-detectable.
Communication read and accepted by unanimous consent 10/0. 10 members present. Board
consists of 11 members.
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Legislative Affairs Committee
Oral Report
Meeting of February 16, 2023
040-23. AN ORDINANCE: Chapter 44, Section 10 of the Code of the City of Fitchburg as
most recently amended, shall be amended by striking where applicable the current
rates for temporary seasonal employees and inserting in its place the attached table
of to be in compliance with minimum wage laws, wage rates.
Report accepted. Ordinance as amended was sent to a first and second reading and ordered
advertised by roll call vote of 10 in favor and 0 opposed. 10 members present. Board consists of 11
members.
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036-23. AN ORDINANCE: The following be added as Chapter 3-19 to the Fitchburg City
Code, with following sections of this chapter renumbered accordingly. As enclosed
in the Ordinance.
3-19 Commemorative Flags
President Zarrella informed the Council it was amended by a vote 3 to 2 (Cruz, Van Hazinga)
Then approved as amended by a vote of 3 to 2 (Cruz, Cragin)
Councilor Van Hazinga explained the purpose of this ordinance creates a procedure of flying flags.
Highlights exceptions and need for better polices for the decision. Under this ordinance it would be
under city council for discussion. As Mayor’s change, the policy changes. This is to establish long
term solutions and long-term procedures put in place to manage this policy.
President Zarrella believes this is all about process. He sees four options:
1. Anyone who wants to fly a flag can fly a flag, no matter what Flag.
2. Leave it by executive order as it is today.
3. Adopt an ordinance quantifying exactly what specific flags can be flown.
4. We always fly Federal, State, and the City Flag, any other flags are presented to council for
each councilor to vote their position on each flag requested.
Councilor Squailia added an amendement to add “all City Councilors”.
Councilor Beauchemin asked if the City Council approves a flag and the Mayor does not what
happens.
President Zarrella stated if the City Council votes in favor and the mayor doesn’t do it, it would not
happen. Same as if the Mayor wants to fly a flag and the City Council is opposed, the Mayor could
not fly the flag. A resolution of city council is a pre-condition of flying the flag, we cannot
command the Mayor to fly a flag.
Councilor DiNatale, every group has a right to be heard, gather and share the cause through public
assembly. We are speaking of specific flag poles within the City. City Councils time can be much
better spent, than on this specific matter.
Councilor Couture has read the Shurtleff case and does not want Fitchburg to be the case of first
impression. This is a constitutional issue, the issue is, will our insurance cover us from litigation.
Councilor Fleming, stated that when someone is personally holding a flag that statement says more
than a flag on a flag pole. The flag poles represent the city, the American Flag represents
everybody. I think more hate is going to happen with allowing any flag to fly.
Councilor Squailia provided a point of clarification, the Boston City Council responded very
quickly and three City Councilors filed an ordinance including the City Council President, which a
City Council resolution or mayoral proclamation will be required for a flag to be raised. She read a
statement that Mayor Wu had provided on the issue.
President Zarrella stated we do not get to decided what the people in community express or think is
right or wrong. We can decided what values we support as a City Council and the Mayor.
Councilor Cragin, read the Shurtleff case as well, 60% of the respondents in the Shurtleff case
state the Mayor makes the decision. One of the themes through the Shurtleff case is fear of
litigation, fear of litigation is not what America is about.
Councilor Cruz, this is simply to put a transparent and fair process in place for constituents to fly
their flags.
Motion to adopt the amendments and the addition of ‘all”. Order adopted by unanimous
Consent 6/4 (Couture, DiNatale, Fleming, Green). 10 members present. Board consists of 11
members.
Amended Ordinance adopted by roll call vote 6/4 (Couture, DiNatale, Fleming, Green). 10
Members present. Board consists of 11 members.
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Public Safety Committee
Oral Report
Meeting of February 21, 2023
256-22 PCM Auto Repair and Sales, Inc., to petition for a Class II Dealer's License located
At: 33 Prichard St. Fitchburg, MA 01420
(Be Granted)
Report read and accepted by unanimous consent 10/0. 10 members present. Board consists of 11
members.
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Public Works Committee
Oral Report
Meeting of January 31, 2023
Public Works Minutes
280-22. Councilor Bernie Schultz, to request the paving of a small stretch of sidewalk on
Charles Street from the corner of Forest Street. (This sidewalk exists to the side of
44 Forest Street) Paving the sidewalk would allow a nearby resident to remove the
snow from the sidewalk in the winter with a snow blower.
(Be Granted)
281-22. Councilor Marisa Fleming on behalf of Ronald Varney of 45 Clinton St. to repair
the damaged sidewalk in front of his home caused from the uprooted tree.
(Be Granted)
13-23. Councilors Marcus DiNatale and Andrew Couture, on behalf of Mark Balfe, to
inspect and seek remedy to recurring water runoff problem occurring at 178
Stickney Road, including probable installation and/or repair of berm to the right of
the driveway. Water entering property and causing signification property damage.
(Be Granted)
14-23. Councilors Marcus DiNatale and Andrew Couture, to install new streetlights where
appropriate along McIntire Road where new home development have/are taking
place up to the corner of Alpine Road.
(Leave to Withdraw)
089-20. Councilor Bernie Schultz and resident Alex Freeman to remove the “No Turn on
Red” sign at the intersection of John T. Cetrino Memorial Drive and Water Street.
(Be Held)
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.
(Be Held)
243-22. City 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.
(Be Held)
244-22. City 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.
(Be Held)
Councilor Fleming requested to hold 14-23 and wave the reading for all other items.
Wave the reading and refer the following petitions accept 14-23 by unanimous consent 10/0. 10
members present. Board consists of 11 members.
Report read and accepted by unanimous consent 10/0. 10 members present. Board consists of 11
members.
Councilor Fleming, stated at the Public Works meeting we did not have both of the speakers at the
meeting. Now that both parties are in favor of one street light, would like to bring to
Public Works.
President Zarrella believes we would need to vote not to accept the recommendation of the
Committee on this item, then it would be before the council and dispose of as we see fit.
Report read and refer 14-23 to the Planning Board and recommit to Public works accepted by
unanimous consent 10/0. 10 members present. Board consists of 11 members.
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VII. ORDERS
The following Orders were referred to the Finance Committee:
041-23. ORDER THAT: there be and hereby is appropriated the sum of FOUR HUNDRED
FIFTY-THREE THOUSAND, THREE HUNDRED AND 00/100 DOLLARS
($453,300.00) same to be charged against AVAILABLE FUNDS and credited to
the following accounts:
HIGHWAY, PERSONAL SERVICES $291,900.00
HIGHWAY, PERSONAL SERVICES, OVERTIME $ 39,400.00
HIGHWAY, SNOW & ICE, OVERTIME $ 41,900.00
CEMETERY, PERSONAL SERVICES $ 42,000.00
CEMETERY, PERSONAL SERVICES, OVERTIME $ 5,700.00
PARKS, PERSONAL SERVICES $ 25,200.00
PARKS, PERSONAL SERVICES, OVERTIME $ 3,200.00
EMPLOYEE BENEFITS, OTHER BENEFITS $ 4,000.00
042-23. ORDER THAT: there be and hereby is appropriated the sum of TWO HUNDRED
ELEVEN THOUSAND, FOUR HUNDRED AND 00/100 DOLLARS
($211,400.00) same to be charged against WATER ENTREPRISE FUND,
RETAINED EARNINGS and credited to the following accounts:
WATER PERSONAL SERVICES $158,900.00
WATER PERSONAL SERVICES, OVERTIME $ 52,500.00
043-23. ORDER THAT: there be and hereby is appropriated the sum of ONE HUNDRED
THOUSAND, TWO HUNDRED AND 00/100 DOLLARS ($100,200.00) same to
be charged against WASTEWATER ENTREPRISE FUND, RETAINED
EARNINGS and credited to the following accounts:
WASTEWATER PERSONAL SERVICES $ 93,300.00
WASTEWATER PERSONAL SERVICES, OVERTIME $ 6,900.00
044-23. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds
from the MassDevelopment, Brownfields Site Remediation Grant in the
approximate amount of $250,000.00 (TWO HUNDRED FIFTY THOUSAND
AND 00/100 DOLLARS) for the purpose of said grant, which is to remediate soil
contamination at 80 Lunenburg Street.
Wave the reading and refer the following orders 041-23 through 044-23 to the Finance
Committee by unanimous consent 10/0. 10 members present. Board consists of 11 members.
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VIII. ORDER – OTHER
045-23. ORDER THAT: Establishing the dates of the City of Fitchburg 2023 Municipal
Election Calendar.
Motion to suspend the rules by roll call vote of 9 in favor and 0 opposed. 9 members present
(Councilor Cragin stepped away). Board consists of 11 members. Order adopted by unanimous
Consent 10/0. 10 members present. Board consists of 11 members.
Orders signed by the Mayor February 23, 2023
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IX. RESOLUTION
046-23. RESOLUTION: A resolution by Councilor Marcus DiNatale seeking a vote of no
confidence in curbside collection service provider Waste Management. The
resolution states as follows as outlined in the enclosed Resolution.
Motion to suspend the rules to send to Council as a Whole by roll call vote of 10 in favor and 0
opposed. 10 members present. Board consists of 11 members.
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X. UNFINISHED BUISNESS
01-23. ORDER: Amending Rules of the City Council for the year 2023.
Proposed Amendments to the 2023 Rules and Orders for the City Council:
PROPOSAL #1 (Zarrella, sponsor):
Amend Rule 2.3 to add, following current #7, "Communications and reports from the heads of
departments", an item entitled, "Special Presentations", renumbering following items accordingly.
Move to approve proposal number 1 by roll call vote of 10 in favor and 0 opposed. 10 members
present. Board consists of 11 members.
PROPOSAL #2 (Cragin, sponsor; Zarrella, in support):
Amend Rule 2.3 by relocating #14 ("Announcements and Recognitions") to immediately follow #3
("Public Comment"), renumbering the following items accordingly.
Move to approve proposal number 2 by roll call vote of 10 in favor and 0 opposed. 10 members
present. Board consists of 11 members.
PROPOSAL #3 (Zarrella, sponsor):
Amend Rule 2.4 as follows:
The purpose of the Public Forum is to include public participation in city government. The forum
will begin immediately after the meeting is called to order. In order for a person to speak, that
person A person wishing to speak during the Public Forum must first be recognized by the
Chair, state the person’s name and address, city of residence, and relevant title, if any, and speak
only on matters appearing on the Council calendar or agenda at that meeting. Any such person will
be given two minutes to speak. Provided however, that at the discretion of the Chair, a limit
may be set for the total duration of the Public Forum, such limit being not less than thirty
(30) minutes at a regularly scheduled meeting of the City Council or a meeting of the
Council-as-a-Whole Committee and not less than fifteen (15) minutes at any other meeting.
Councilor Beauchemin made an amendment to include person’s first and last name.
Motion and second to amend adding first and last name by unanimous consent 10/0. 10 members
present. Board consists of 11 members.
Motion and second to divide the question by unanimous consent 10/0. 10 members present. Board
consists of 11 members.
Motion and second 4th line and address, strict the word city of residence, replace with, unless
impound by court by roll call vote of 3 in favor (Beauchemin, Couture, Fleming) 7 opposed. 10
members present. Board consists of 11 members.
Move to approve the first section of proposal number 3 as amended by roll call vote of 7 in favor
and 3 opposed (Beauchemin, Couture, Fleming) passes with 2/3rd vote. 10 members present. Board
consists of 11members.
Second section proposal number 3:
Motion and second to deny.
Councilor Van Hazinga asked to speak on the motion.
Councilor DiNatale pulled the motion.
Motion and second to deny the second section by unanimous consent. 10 members present. Board
consists of 11 members.
PROPOSAL #4 (Beauchemin and Van Hazinga, co-sponsors; Zarrella, in support):
Amend the third sentence of Rule 2.5, replacing the words "the recommended appointment" with
the words "any new appointment".
Motion and second to add contact information for reappointment 2 in favor (Green, Squailia) 7
opposed (Cruz had stepped out). 9 members present. Board consists of 11 members.
Move and second to approve proposal number 5 by roll call vote 10 in favor and 0 opposed. 10
members present. Board consists of 11 members.
PROPOSAL #5 (Beauchemin, sponsor)
Amend Rule 2.5 to add, "For any reappointment to a Board or Commission, a record shall be
submitted to the City Clerk by the Mayor at the time the name is submitted to the Council
for confirmation, indicating what proportion of that Board's or Commission's meetings, to
the nearest five percent (5%), were attended by the nominee during that nominee's previous
term."
Move and second to deny proposal number 5 vote 8 in favor and 2 opposed
(Beachuemin, Squailia). 10 members present. Board consists of 11 members.
PROPOSAL #6 (Zarrella, sponsor):
Amend Rule 1.14 such that the final sentence reads, "Rule 2.5(b) shall not be suspended in any
case, other than as provided therein.", and amend Rule 2.5 to read as follows, without prejudice to
prior amendments:
(a) All nominations for appointment or reappointment by the Mayor shall be read and shall be
referred to the Committee on Appointments. This rule shall not apply to promotions within the
Police and Fire Departments.
(b) A resume outlining the nominee’s qualifications for the recommended appointment shall be
submitted to the City Clerk by the Mayor at the time the name is submitted to the Council for
confirmation. This rule subsection shall not be suspended, unless with respect to promotions
within the ranks of Police and Fire personnel.
(c) This rule shall not apply to promotions within the Police and Fire Departments,
excepting the nomination of a new Chief of either such Department, to which it shall apply in
full.
Motion and second to amend to add or Curriculum Vitae (CV) in section B after resume approved
by unanimous consent 10/0. 10 members present. Board consists of 11 members.
Move to approve proposal number 6 as amended by unanimous consent 10/0. 10 members
present. Board consists of 11 members.
PROPOSAL #7 (Zarrella, sponsor):
Amend Rule 3.18 by adding at the end the following sentence: "If there are exactly two
nominees, applicants, or other candidates for a single seat, voting shall be by simple majority
vote, taken by roll call."
Move to approve proposal number 7 by unanimous consent 10/0. 10 members
present. Board consists of 11 members.
PROPOSAL #8 (Zarrella, sponsor):
Amend Rule 4.7 by deleting the words "and signed by a majority of the quorum".
Move to approve proposal number 8 by unanimous consent 10/0. 10 members
present. Board consists of 11 members.
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XI. ANNOUNCEMENTS
Councilor Schultz submitted: The next meeting of the Widowed Helping Widowed Support
Group will take place on Thursday, February 23, 2023 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.
President Zarrella read Flyer: Fitchburg Pet Vaccine & Microchip Clinic, Saturday, March 11,
2023 9:00 AM to 12:00 PM, Fitchburg Fire Headquarters. $18.00 distemper/parvo, $22.00
microchip, cash only, please sign up and pay for rabies in advance use QR codes or call 508-637-
1333. All dogs must be on leash, cats must be in carrier. Bring proof of rabies for 3 year vaccine.
President Zarrella read Flyer: Help members of our city keep their dogs safe! Be PAWSitive,
Friends of the Fitchburg Dogs, Fitchburg Animal Control, Fitchburg City Clerk, and the Fitchburg
Police Department present, Dog License Poster Contest. The purpose of the contest is to educate
students and their families of the importance of licensing their dog for the safety of the community.
If your dog gets lost, a dog license helps them get back home. Applicants must be students at
Fitchburg Public Schools, grade 1 through 6. Artwork must reflect the theme “Love your dog.
License your dog”. Contest timeline: Bring your posters to the principal’s office by Friday, March
10, 2023.
XII. OTHER BUSINESS
Next Regular Meeting
Tuesday, March 21, 2023, at 7:00 PM
The meeting adjourned at 10:37 P.M.
___________________________________
Joanna Bilotta-Simeone, City Clerk
Agenda
FITCHBURG CITY CLERK
Feb 16 2023 3:46 pm
WELCOME TO THE FITCHBURG CITY COUNCIL
February 21, 2023
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.
II. REPORT OF THE APPOINTMENTS COMMITTEE
Appointments Committee
Oral Report
Meeting of February 21, 2023
New Appointment:
Board of Health
(Term to expire February 6, 2026)
Jacqueline T. Lessard
See Below Communication His Honor the Mayor
Permanent Full Time Firefighters
For the City of Fitchburg
Ryan M. Preville
Patrick Swenson
Seth Viles
New Appointment:
Assistant City Clerk
(Term to expire February 21, 2026)
Elizabeth McNiff
III. REPORT OF COMMITTEE ON RECORDS
IV. COMMUNICATION
His Honor the Mayor
Withdrawal letter for the January 19, 2023 appointment requesting City Council to confirm Ms.
Jacqueline T. Lessard to serve as a member of the Fitchburg Board of Health.
1. Re-Appointment letter:
Richard Liberatore, as a member of the Airport Commission, term to expire July 1, 2025.
2. Re-Appointment letter:
Deborah Dion, as member of the Fitchburg Council on Aging, term to expire January 1,
2026.
3. Re-Appointment letter:
Joseph Byrne, as member of the Fitchburg Council on Aging, term to expire December 31,
2025.
4. Re-Appointment letter:
Bonnie Hautala, as member of the Fitchburg Council on Aging, term to expire December 31,
2025.
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5. Appointment letter:
Ingrid Wheeler, as a member of the Agricultural Commission, term to expire April 1, 2026.
6. Appointment letter:
Yonna Coon, as a member of the Agricultural Commission, term to expire April 1, 2026.
7. Appointment letter:
Jen Barlow, as a member of the Agricultural Commission, term to expire April 1, 2025.
8. Appointment letter:
James K. Momanyi, as a member of the Agricultural Commission, term to expire April 1,
2025.
9. Appointment letter:
Evan Halstead, as a member of the Agricultural Commission, term to expire April 1, 2024.
10. Appointment letter:
Mary Cringan, as a member of the Board of Park Commissioners, term to expire May 1,
2028.
Community Development Block Grant Year 49
(To be referred to the Finance Committee)
CDBG Year 49
V. SPECIAL PRESENTATIONS
Presentation from National Grid the A1/B2 Asset Condition Refurbishment Project
National Grid Presentation
VI. REPORTS OF COMMITTEES
Finance Committee
Meeting of February 8, 2023
Finance Committee Minutes
028-23. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from
the Massachusetts Department of Environmental Protection, Sustainable Materials
Recovery Program grant in the approximate amount of $27,000.00 (TWENTY-
SEVEN THOUSAND AND 00/100 DOLLARS) for the purpose of said grant, which
is to continue to provide residents with more robust information about waste disposal
and recycling, purchase additional carts for the curbside program, expand the current
program, and reduce , reuse, and recycle in school cafeterias.
(Be Adopted)
029-23. ORDER THAT: there be and hereby is appropriated the sum of SIXTY THOUSAND
AND 00/100 DOLLARS ($60,000.00) same to be charged against AVAILABLE
FUNDS and credited to FIRE, EQUIPMENT & REPAIR, GAS & OIL.
(Be Adopted)
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030-23. ORDER THAT: there be and hereby is transferred from within the sum of SIX
THOUSAND AND 00/100 DOLLARS ($6,000.00) same to be transferred from
PARKS PERSONAL SERVICES, SUMMER HELP and credited to PARKS
PERSONAL SERVICES, OVERTIME.
(Be Adopted)
031-23. ORDER THAT: there be and hereby is transferred the sum of FOUR HUNDRED
THOUSAND AND 00/100 DOLLARS ($400,000.00) same to be charged against
RESERVE FOR SNOW & ICE REMOVAL and credited to the following
DEPARTMENT OF PUBLIC WORKS, SNOW & ICE accounts:
EQUIPMENT RENTAL $100,000.00
SALT $300,000.00.
(Be Adopted)
032-23. 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 in the approximate amount of
$109,000.00 (ONE HUNDRED NINE THOUSAND AND 00/100 DOLLARS) for
the purpose of said grant, which is to develop nature-based solutions to stormwater
issues in the area north of the western end of Main Street.
(Be Adopted)
033-23. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from
the Massachusetts Division of Ecological Restoration, Culvert Replacement
Municipal Assistance Grant in the approximate amount of $143,500.00 (ONE
HUNDRED FORTY-THREE THOUSAND, FIVE HUNDRED AND 00/100
DOLLARS) for the purpose of said grant, which is to design two replacement
culverts along Ashby West Road.
(Be Adopted)
034-23. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from
the Massachusetts Executive Office of Energy and Environmental Affairs, Dam &
Seawall Repair or Removal Grant in the approximate amount of $38,925.00
(THIRTY-EIGHT THOUSAND, NINE HUNDRED TWENTY-FIVE AND 00/100
DOLLARS) for the purpose of said grant, which is to complete the design work and
file permits for the removal of McTaggart’s Pond Dam.
(Be Adopted)
American Rescue Plan Act Budget
Link to the American Rescue Plan Act Budge
(Be Adopted)
Legislative Affairs Committee
Oral Report
Meeting of February 16, 2023
040-23. AN ORDINANCE: Chapter 44, Section 10 of the Code of the City of Fitchburg as
most recently amended, shall be amended by striking where applicable the current
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rates for temporary seasonal employees and inserting in its place the attached table of
to be in compliance with minimum wage laws, wage rates.
036-23. AN ORDINANCE: The following be added as Chapter 3-19 to the Fitchburg City
Code, with following sections of this chapter renumbered accordingly. As enclosed in
the Ordinance.
3-19 Commemorative Flags
Public Safety Committee
Oral Report
Meeting of February 21, 2023
256-22 PCM Auto Repair and Sales, Inc., to petition for a Class II Dealer's License located
At: 33 Prichard St. Fitchburg, MA 01420
Public Works Committee
Oral Report
Meeting of January 31, 2023
Public Works Minutes
280-22. Councilor Bernie Schultz, to request the paving of a small stretch of sidewalk on
Charles Street from the corner of Forest Street. (This sidewalk exists to the side of 44
Forest Street) Paving the sidewalk would allow a nearby resident to remove the snow
from the sidewalk in the winter with a snow blower.
(Be Granted)
281-22. Councilor Marisa Fleming on behalf of Ronald Varney of 45 Clinton St. to repair the
damaged sidewalk in front of his home caused from the uprooted tree.
(Be Granted)
13-23. Councilors Marcus DiNatale and Andrew Couture, on behalf of Mark Balfe, to
inspect and seek remedy to recurring water runoff problem occurring at 178 Stickney
Road, including probable installation and/or repair of berm to the right of the
driveway. Water entering property and causing signification property damage.
(Be Granted)
14-23. Councilors Marcus DiNatale and Andrew Couture, to install new streetlights where
appropriate along McIntire Road where new home development have/are taking place
up to the corner of Alpine Road.
(Leave to Withdraw)
089-20. Councilor Bernie Schultz and resident Alex Freeman to remove the “No Turn on
Red” sign at the intersection of John T. Cetrino Memorial Drive and Water Street.
(Be Held)
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
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the traffic lines go through. If a 4-way stop sign is not feasible, an alternate solution
shall be investigated by the City.
(Be Held)
243-22. City 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.
(Be Held)
244-22. City 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.
(Be Held)
VII. ORDERS
041-23. ORDER THAT: there be and hereby is appropriated the sum of FOUR HUNDRED
FIFTY-THREE THOUSAND, THREE HUNDRED AND 00/100 DOLLARS
($453,300.00) same to be charged against AVAILABLE FUNDS and credited to the
following accounts:
HIGHWAY, PERSONAL SERVICES $291,900.00
HIGHWAY, PERSONAL SERVICES, OVERTIME $ 39,400.00
HIGHWAY, SNOW & ICE, OVERTIME $ 41,900.00
CEMETERY, PERSONAL SERVICES $ 42,000.00
CEMETERY, PERSONAL SERVICES, OVERTIME $ 5,700.00
PARKS, PERSONAL SERVICES $ 25,200.00
PARKS, PERSONAL SERVICES, OVERTIME $ 3,200.00
EMPLOYEE BENEFITS, OTHER BENEFITS $ 4,000.00
042-23. ORDER THAT: there be and hereby is appropriated the sum of TWO HUNDRED
ELEVEN THOUSAND, FOUR HUNDRED AND 00/100 DOLLARS ($211,400.00)
same to be charged against WATER ENTREPRISE FUND, RETAINED
EARNINGS and credited to the following accounts:
WATER PERSONAL SERVICES $158,900.00
WATER PERSONAL SERVICES, OVERTIME $ 52,500.00
043-23. ORDER THAT: there be and hereby is appropriated the sum of ONE HUNDRED
THOUSAND, TWO HUNDRED AND 00/100 DOLLARS ($100,200.00) same to be
charged against WASTEWATER ENTREPRISE FUND, RETAINED EARNINGS
and credited to the following accounts:
WASTEWATER PERSONAL SERVICES $ 93,300.00
WASTEWATER PERSONAL SERVICES, OVERTIME $ 6,900.00
044-23. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds from
the MassDevelopment, Brownfields Site Remediation Grant in the approximate
amount of $250,000.00 (TWO HUNDRED FIFTY THOUSAND AND 00/100
DOLLARS) for the purpose of said grant, which is to remediate soil contamination at
80 Lunenburg Street.
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VIII. ORDER – OTHER
045-23. ORDER THAT: Establishing the dates of the City of Fitchburg 2023 Municipal
Election Calendar.
IX. RESOLUTION
046-23. RESOLUTION: A resolution by Councilor Marcus DiNatale seeking a vote of no
confidence in curbside collection service provider Waste Management. The resolution
states as follows as outlined in the enclosed Resolution.
X. UNFINISHED BUISNESS
01-23. ORDER: Amending Rules of the City Council for the year 2023.
XI. ANNOUNCEMENTS
XII. OTHER BUSINESS
Next Regular Meeting
Tuesday, March 7, 2023, at 7:00 PM
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