Muyni
← Back to Fitchburg

City Council

Regular Meeting

Fitchburg, MA · February 21, 2023

AgendaMinutes

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. ----------------------------------------------------------------------------------------------------------------------- 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. ----------------------------------------------------------------------------------------------------------------------- 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 ----------------------------------------------------------------------------------------------------------------------- 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. ----------------------------------------------------------------------------------------------------------------------- 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. ----------------------------------------------------------------------------------------------------------------------- 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. ----------------------------------------------------------------------------------------------------------------------- Community Development Block Grant Year 49 (To be referred to the Finance Committee) CDBG Year 49 Communication referred to the Finance Committee. ----------------------------------------------------------------------------------------------------------------------- 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. ----------------------------------------------------------------------------------------------------------------------- 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 ----------------------------------------------------------------------------------------------------------------------- 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. ----------------------------------------------------------------------------------------------------------------------- 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. ----------------------------------------------------------------------------------------------------------------------- 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. ----------------------------------------------------------------------------------------------------------------------- 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. ----------------------------------------------------------------------------------------------------------------------- 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. ----------------------------------------------------------------------------------------------------------------------- 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. ----------------------------------------------------------------------------------------------------------------------- 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 ----------------------------------------------------------------------------------------------------------------------- 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. ----------------------------------------------------------------------------------------------------------------------- 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. ----------------------------------------------------------------------------------------------------------------------- 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. Page 1 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) Page 2 030-23. 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 Page 3 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 Page 4 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. Page 5 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 Page 6

Get email alerts for Fitchburg

A daily email when new agendas and minutes are posted.

Report an issue with this meeting