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City Council

Regular Meeting

Chicopee, MA · January 7, 2025

AgendaMinutes

Minutes

Minutes from the City Council Meeting on Tuesday January 7, 2025, at 6:30 pm in the Auditorium are as follows: Laflamme, Frank N., President At-Large Councilor Present .. ,-·, 'd("S!! Roy, Gerard (Jerry) A. At-Large Councilor ~·az·i'll"' ' 1t 1, . ,o Prese!\., rn '" , \... 11 Wagner, Timothy Joseph At-Large Councilor Present Zygarowski, Robert J. At-Large Councilor Absent Arriaga, Abigail Ward 1 Councilor Present Brooks, Shane D. Ward 2 Councilor Present via Zoom Goff, Susan M. Ward 3 Councilor Present Balakier, George A Ward 4 Councilor Present Krampits, Fred T. Ward 5 Councilor Present Shumsky, Samuel Robert Ward 6 Councilor Present Courchesne, William C. Ward 7 Councilor Present Labrie, Gary R. Ward 8 Councilor Present Pniak-Costello, Mary Elizabeth Ward 9 Councilor Present Mayor's Orders briefing and announcements by Mayor Vieau or designee-On MO-1, received a grant, use the funds to provide desks. On MO-2, spending the grant, posting for four positions should be out today or tomorrow, On MO-3, self-insured, to pay bills for the injured on duty. On MO-4, Chloe is leaving, need to have someone to take contributions. Councilor Bala kier stated Monica is very professional pleasure to work with. Wish Chloe many years of happiness and best wishes in her new endeavors. Chloe is always a pleasure to work with, she will be missed. Minutes --Motion made by Councilor Shumsky to accept the minutes of the 11/18/24 Joint City Council/School Committee Special Meeting, 11/19/24 City Council Meeting. Motion passed by a unanimous roll call vote. Councilor Zygarowski absent. Public Input-Sonny Brooks, 32 Circle Drive, Ward 6 School Committee member. Urge you to recommend to the Mayor to authorize improvements, hoping for bonding, can not be completed in house. In house efforts have helped to keep costs down. Keep schools in the best shape possible. Lisa Bienvenue, 34 Everett Street, very interested in what Mr. Brooks had to say about capital improvements at the schools. January 16 th voted to accept the FY26 Safe Streets for all, fatality on Granby Road. Street scape design improve public safety. Planning for safe streets for all. No action plan $720,000 what has been done? What is the status of this action plan? When you pushed through the votes for Pilot you said how important tax money is. Katie Pires, 35 Beaumont Avenue on #9, for at least 50,000 to vote, at least 5000 for recall. All have some voting powers, only 2 cities with threshold of 5000. Councilor made reprehensible comments, should not require 5000 voters to sign. Committee listened once already. Differentiate between ward and city wide. In favor of 15%. Mary Beth Costello, 66 Voss Avenue, give constituents an update on South Fairview sewer project, on hold until the weather is better. Worked tirelessly to make sure the project is on track, major project requires a lot of time, every Wednesday there is an update. --Motion made by Councilor Arriaga to suspend Rule 12D. Motion passed by a roll call vote of 9 yes, 2 no, 1 abstained. Councilors Brooks and Krampits voting no. Councilor Wagner abstained. Tim Wagner, 210 Stebbins Street, 2 rgt., just over a year ago sworn in as a city councilor, youngest ever. Represent Chicopee to the best of abilities. Honor to serve amongst, succeeded in some faltered in others. Put forward changes, proposed structural reforms. Councils progress is substantial. Will not seek re-election. Over the next year do not intend to be a lame duck councilor. Will advocate for, will vote to have collector, assessor and treasurer appointed. Sooner rather than later the bill will come due. Crucial for council to post financial reports. Time we start doing the same. Need to do more to alleviate the strains on taxpayers. Advocacy can not stop at the local levels. Chapter 90 funds has remained the same for years. Hope whoever stands for this position serves the people. --Motion made by Councilor Labrie to close public input. Motion passed by a unanimous roll call vote. Councilor Zygarowski absent. Communications-none. MO-1 Ordered that the City Council accept the FY2024 Edward Byrne Memorial Justice Assistance Grant (JAG) from the Office of Justice Programs Bureau of Justice Assistance to the Chicopee Police Department in the amount of Twenty seven thousand six hundred eight and 00/100 dollars ($27,608.00). Said grant will be used to purchase three (3) sit/stand workstation consoles for the real-time information center. The grant is accepted in accordance with M.G.L. Chapter 44 Section 53A. --Motion made by Councilor Brooks to receive and pass. Councilor Brooks stated will be a significant amount of money to enhance the police department. Motion passed through all stages by a unanimous roll call vote. Councilor Zygarowski absent. MO-2 Mayor's appropriation of Twenty seven thousand six hundred eight and 00/100 dollars ($27,608.00) to the following named account: Police Special Account for Building Renovations from available funds in the Stabilization Fund. --Motion made by Councilor Goff to receive and pass. Councilor Goff stated reimbursement the grant funds from MO-1. Motion passed through all stages by a unanimous roll call vote. Councilor Zygarowski absent. MO-3 Mayor's appropriation of Fifteen thousand five hundred forty and 92/100 dollars ($15,540.92) to the following named account: Human Resources Special Account for Indemnifications of Police & Fire from available funds in the Stabilization Fund. --Motion made by Councilor Courchesne to receive and pass. Councilor Courchesne stated contractual obligation. Motion passed through all stages by a unanimous roll call vote. Councilor Zygarowski absent. MO-4 To the City Council: You are hereby notified that I have this day appointed Monica Torres, 241 Chicopee Street, Chicopee, Massachusetts as a responsible party for the solicitation of contributions to the City of Chicopee for municipal sponsored entertainment events, educational programs, and other city activities. To which appointment I ask the confirmation of your honorable Council. --Motion made by Councilor Shumsky to receive and approved. Councilor Shumsky stated will be appointed to solicit contributions. Does a great job. Councilor Bala kier stated always a pleasure to work with. Go getter. Motion passed by a unanimous roll call vote. Councilor Zygarowski absent. 5 A favorable Utilities Committee report: Petition from Eversource Gas of Massachusetts hereby requests that it be granted a location and permission to install and maintain 1,090' of 6" and 2" MP plastic gas main on Lynwood Drive and Greenwood Terrace with such laterals and service connections as it may now or subsequently find necessary. --Motion made by Councilor Goff to receive and approved. Councilor Goff stated to replace aging gas lines. Motion passed by a unanimous roll call vote. Councilor Zygarowski absent. 6 A favorable Utilities Committee report: Petition from Eversource Gas of Massachusetts hereby requests that it be granted a location and permission to install and maintain 4950' of 2" MP plastic gas main on Sherman Avenue, Davenport Street, Northwood Street and Mellen Street with such laterals and service connections as it may now or subsequently find necessary. --Motion made by Councilor Goff to receive and approved. Councilor Goff stated to replace aging gas lines. Motion passed by a unanimous roll call vote. Councilor Zygarowski absent. 7 A favorable Rules Committee report: Be it Ordered that the Rules and Orders of the City Council Meetings shall be amended as follows: Rule #15 DELETE Standing committees shall be appointed as follows: Public Works, Personnel, Recreation, Communications, Utilities, Finance, Community Development, Senior Citizens, Ordinance, Rules, License, Public Safety/Police Commission, Zoning, Water Resource, Claims and Accounts, and Resort Casinos and Gaming. The Committee on Finance shall consist of five (5) members to include the President and four (4) other members. The committee on Zoning shall consist of five (5) members. The Resort Casinos and Gaming Committee will conform to the Gaming Act of the Commonwealth of Massachusetts and all city ordinances of the City of Chicopee either as a host community of a surrounding community neighbor and consist of five (5} members. AND INSERT IN PLACE THEREOF Standing committees shall be appointed as follows: Public Works, Personnel, Recreation, Communications, Utilities, Finance, Community Development, Senior Citizens, Ordinance, Rules, License, Public Safety/Police Commission, Zoning, Water Resource, Claims and Accounts, and Resort Casinos and Gaming. The Committee on Finance shall consist of five (5) members to include the President and four (4) other members. The committee on Zoning shall consist of five (S) members. The Resort Casinos and Gaming Committee will conform to the Gaming Act of the Commonwealth of Massachusetts and all city ordinances of the City of Chicopee either as a host community of a surrounding community neighbor and consist of five (5) members. The function of these committees is to research, discuss, and modify proposals for more efficient consideration by the City Council. There shall be a Committee of the Whole, which shall consist of all members of the Council. No item shall be referred to the Committee of the Whole except if referred by a two thirds majority vote of the Council. --Motion made by Councilor Brooks to receive and pass. --Motion made by Councilor Brooks to return item #7 back to ,the Rules Committee. Councilor Brooks stated amend to Rules, open to conversation. Councilor Wagner thanked the Rules Committee for working on this. Just cleaning up the Rules Committee. Councilor Courchesne stated confused how Senior Citizens and School is combined. Councilor Wagner stated in favor of striking either line, that's how it came out. Police commission is in ordinance. Councilor Pniak- Costello stated agree with Councilor Wagner send back to Rules. Lot of communication. Have separate. Once we move forward need to be more accountable, standing committee of economic development, governmental relations, municipal. --Motion made by Councilor Shumsky to allow Councilor Laflamme to speak. Motion passed by a roll call vote of 11 yes, 1 abstained. Councilor Laflamme abstained. Councilor Zygarowski absent. The idea of putting this together was to have people on the same committee, use the same grouping. Trying to get down from 17. Police Commission, just to get the committee number down from 17. Can take it back up in committee. Motion to refer passed by a unanimous roll call vote. Councilor Zygarowski absent. 8 A favorable Rules Committee report: Be it Ordered that rule 15 of the Rules of the City Council be amended to read as follows: a. Standing Committees shall be appointed as follows: Claims and Accounts, Finance and Budget, Rules and Ordinances, Public Works and Resources, Zoning and Licenses, Human Resources, Public Health and Safety, Government Relations and Municipal Operations, Community and Economic Development. All committees shall have five members unless otherwise specified. There shall be a Committee of the Whole consisting of all members of the Council. No item shall be referred the Committee of the whole except by a two thirds majority vote. --Motion made by Councilor Brooks to receive and defeated. Councilor Brooks stated self- explanatory. Motion to defeat passed by a unanimous roll call vote. Councilor Zygarowski absent. 9 A favorable Rules Committee report: A favorable Rules Committee report: Be it ordered that a petition to the General Court, accompanied by a bill for a special law relating to the recall of any holder of elective office in the City of Chicopee to be filed in the General Court with an attested copy of this order, be and hereby is, approved under Clause (1) of Section 8 of Article 2 of the Amendments to the Constitution of the Commonwealth of Massachusetts, so that the attached Legislation be adopted precisely as follows, except for clerical or editorial changes of form only: An act relative to the recall of any holder of elective office in the City of Chicopee. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: SECTION 1. Any holder of an elective city office in the City of Chicopee may be recalled from office for any reason by the registered voters of the city as provided in this act. An initial recall affidavit signed by at least 500 registered voters of the city containing the voters' names and addresses may be filed with the City Clerk. The initial recall affidavit shall contain the name of the officer sought to be recalled, the office sought to be recalled and a statement of the grounds for recall. The City Clerk shall immediately forward the recall affidavit to the Registrar of Voters for verification of signatures, The Registrar of Voters shall verify the signatures on the initial recall affidavit within 14 calendar days of receipt of the initial recall affidavit. If the initial recall affidavit is found to contain a sufficient number of verified signatures, the City Clerk shall deliver to the first 10 registered voters who signed the affidavit a formal numbered and printed recall petition sheet with the City Clerk's official seal and addressed to the City Council demanding the recall and the election of a successor to the office. The 10 registered voters of the city to whom the City Clerk delivered recall petition sheets shall have 30 days from the date of delivery of the recall petition sheets in which to file their signed recall petition sheets with the City Clerk. To proceed with the recall election, the City Clerk shall receive within 30 days from the date of delivery of the recall petition sheets, the required number of signed recall petition sheets containing the signatures, names and street addresses of at least 5,000 of the registered voters of the City of Chicopee as of the date the signed recall petition sheets are delivered to the City Clerk. Within 5 working days of receipt of the recall petition sheets, the City Clerk shall submit the recall petition sheets to the Registrar of Voters and the Registrar of Voters shall verify the number of signatures which are names of registered voters of the City. If the total recall petition sheets shall be found and certified by the Registrar of Voters to be sufficient, the certified petition shall be submitted with the certificate of the City Clerk to the City Council without delay. The City Council shall give written notice of the receipt of the certified petition to the officer sought to be recalled. If the officer does not resign within 5 calendar days of the date notice, then the City Council shall promptly order an election to be held on a date fixed by them not more than 90 days after receipt of the certified petition. If any other city election is scheduled to occur within 100 days after the date of receipt of the certified petition, the City Council may postpone the holding of the recall election to the date of the other election and may include the question of recall on the ballot for that other election. If a vacancy occurs in the office after a recall election has been ordered, the election shall nevertheless proceed as provided in this act. An officer sought to be recalled may be a candidate to succeed the officer in an election to be held to fill the vacancy. Unless the officer requests otherwise in writing, the City Clerk shall place the officer's name on the ballot without nomination. The nomination of other candidates, the publication of the warrant for the recall election and the conduct of the nomination and publication, shall all be in accordance with the law relating to elections, unless otherwise provided in this act. Recall of One or more Office Holders: The question of recalling any number of officers may be submitted at the same election. For each officer whose recall is sought there shall be a separate ballot. The nomination of candidates to succeed an officer whose recall is sought, the publication of the warrant for said recall election, and the conduct of such election, shall all be in accordance with the provisions of the General Laws. The incumbent shall continue to perform the duties of the office until the recall election. If the incumbent is not recalled, the incumbent shall continue in office for the remainder of the unexpired term. If not re-elected in the recall election, the incumbent shall be considered removed from office immediately and the office vacant. Any elected official that is indicted for a crime punishable by imprisonment, shall be placed on paid administrative leave until the resolution of the case. If said elected official is convicted of a crime punishable by imprisonment, they shall be terminated per Chapter 435 of the Acts of 2014. The City Council shall determine by majority vote who shall fill the temporary vacancy imposed by the paid administrative leave. An initial recall affidavit shall not be filed against an officer within 6 months after the officer takes office or within the last 6 months of the term. In the case of an officer subjected to a recall election and not recalled, a new recall affidavit shall not be filed against that officer until at least 3 months have elapsed after the election at which the previous recall was submitted to the voters of the City. Recall Election Ballots Ballots used in a recall election shall submit the following propositions in the order indicated: For the recall of (name of officer) Against the recall of (name of officer) Immediately to the right of each proposition there shall be a square in which the voter, by making a cross mark (x), may vote for either of such propositions. Under the proposition shall appear the word "Candidates" and the direction "Vote for One" and beneath the names of the candidates nominated as hereinbefore provided. SECTION 2. So much of the charter of said City and of the amendments thereto as is inconsistent herewith is hereby repealed. SECTION 3. This act shall take effect upon its acceptance by a majority of the qualified voters of the City of Chicopee, present and voting therein at the state election in the current year and shall be known as Article VIII Section 66 of the Charter of the City of Chicopee. --Motion made by Councilor Brooks to receive and approve as written. --Motion made by Councilor Arriaga to refer back to the Rules Committee. Councilor Brooks stated let others speak first. Councilor Arriaga stated would rather be a percentage. This seems almost impossible, would like to see it go back. Councilor Wagner stated less than 20%, not in favor of this, 500 for any office is very high. People in wards are elected with less than 500 votes. Would be virtually impossible. Effort seems lazy to keep the status quo. Shameful. Councilor Pniak-Costello stated lot of controversy, agree need further discussion. --Motion made by Councilor Shumsky to allow Councilor Laflamme to speak. Motion passed by a roll call vote of 11 yes, 1 abstained. Councilor Laflamme abstained. Councilor Zygarowski absent. Councilor Laflamme stated just want to say very hard with the new way of doing meetings. Really tough, almost tying our hands. Bring back to discuss more. Councilor Shumsky stated does seem excessive to get 500 signatures for ward. Lower to 200, be open to lowering the threshold for ward position. 10 A favorable Rules Committee report: Be it Ordered that the Rules and Orders of the City Council Meetings shall be amended as follows Rule 15. Add to standing committee a Litter Committee. --Motion made by Councilor Brooks to receive and placed on file. Councilor Brooks stated just a recommendation. Motion passed by a unanimous roll call vote. Councilor Zygarowski absent. 11 A favorable Rules Committee report: Be it Ordered that the Rules Committee meet for an update and review on requests for withdrawals on petitions in subcommittees. --Motion made by Councilor Brooks to receive and refer back to the Rules Committee. Councilor Brooks stated additional questions. --Motion made by Councilor Shumsky to allow Councilor Laflamme to speak. Motion passed by a roll call vote of 11 yes, 1 abstained. Councilor Laflamme abstained. Councilor Zygarowski absent. Councilor Laflamme stated this was sent back, didn't know what the maker was talking about. Clarify. Motion to refer passed by a unanimous roll call vote. Councilor Zygarowski absent. 12 A favorable Rules Committee report: A favorable Rules Committee report: Be it Ordered that the Rules and Orders of the City Council meetings shall be amended as follows: Delete 11c. Any order, ordinance, resolution, or petition, or communication, submitted to the City Clerk after 3:00 PM on the Thursday prior to the regular meeting of the City Council shall be deemed to be a late file order. (Sunset Clause - Until December 2013). And insert in place thereof 11c. Late File Orders, i.e. any order, ordinance, resolution, or petition, or communication, submitted to the City Clerk after 3:00 PM on the Thursday prior to the regular meeting of the City Council, will only be accepted if they are deemed an emergency order, ordinance, resolution or petition, or communication. Committee amended to read as follows: And insert in place thereof 11c. Any order, ordinance, resolution, or petition, or communication, submitted to the City Clerk after 3:00 PM on the Thursday prior to the regular meeting of the City Council, will only be accepted if they are deemed an emergency order, approved by the Mayor and President of the City Council. --Motion made by Councilor Brooks to receive and pass. Councilor Brooks stated late file orders. Councilor Pniak-Costello stated thank you for clarifying. --Motion made by Councilor Shumsky to allow Councilor Laflamme to speak. Motion passed by a roll call vote of 11 yes, 1 abstained. Councilor Laflamme abstained. Councilor Zygarowski absent. Councilor Laflamme stated thank the City Clerk for working with the office. Working with the Clerk's office, Council office and Law to be able to clarify. Motion passed by a unanimous roll call vote. Councilor Zygarowski absent. 13 A favorable Rules Committee report: Be it Ordered that the Rules and Orders of the City Council meetings shall be amended as follows: Delete 11 e. All orders, ordinances, resolution, petitions, communication, or late file orders must be day and time stamped by the City Clerk on the day of submission. This rule does not apply as late file to any Committee Reports. And Insert in Place Thereof: 11 e. All orders, ordinances, resolutions, petitions, communications must be day and time stamped by the City Clerk on the day of the submission. Committee amended to read as follows: And insert in place thereof lle. All orders, ordinances, resolutions, petitions, communications must be date and time stamped by the City Clerk on the day of the submission. --Motion made by Councilor Brooks to receive and pass. Councilor Brooks stated must be date stamped by the City Clerk. Motion passed by a unanimous roll call vote. Councilor Zygarowski absent. 14 Be it Ordered that the City Council meet to discuss the Open Meeting Law Complaint filed by Jonathan Gerhardson received on December 13, 2024 regarding the meeting agendas and minutes not being ADA compliant and the zoom link for City Council meetings and committee meetings not being clickable. --Motion made by Councilor Labrie to receive and refer to the Rules Committee. Councilor Labrie stated take up in committee. --Motion made by Councilor Shumsky to allow Councilor Laflamme to speak. Motion passed by a roll call vote of 10 yes, 1 no, 1 abstained. Councilor Wagner voting no. Councilor Laflamme abstained. Councilor Zygarowski absent. Councilor Laflamme stated want to thank the attorney and Ron Rivet from IT and our office working on this. Software has been installed, already taken care of. Extension to the 22 nd . Councilor Wagner stated disagree with the president being named. Was told should not upload backup material. Zoom link in the posting. Councilor Courchesne stated brought forth a program last year. Motion to refer passed by a unanimous roll call vote. Councilor Zygarowski absent. 15 Be it Ordered that the property on 14 Dorothy Avenue be Referred to Public Works Committee for a public hearing. --Motion made by Councilor Pniak-Costello to receive and refer to the Public Works Committee. Change the address to 22. Councilor Pniak-Costello stated several residents are concerned about the property at 22 Dorothy Avenue, status of problem property. Motion to refer passed by a unanimous roll call vote. Councilor Zygarowski absent. 16 Be it Ordered that the DPW install a flashing stop sign on Rolf Avenue at the intersection of Dale Street. --Motion made by Councilor Labrie to receive and send to DPW for implementation. --Motion made by Councilor Labrie to amend to read stop signs. Motion to amend passed by a unanimous roll call vote. Councilor Zygarowski absent. Councilor Labrie stated working on a one- way at the end of Kendall Street. Couple other works in progress. Councilor Arriaga stated been helping out with this area for some time now. Think it's a fantastic area. When you come from different areas may not know there is a crosswalk there. Motion passed by a unanimous roll call vote. Councilor Zygarowski absent. 17 A proposed ordinance adding to Chapter 260, Isolated Stop Signs, Beeler Avenue, Traveling south at the intersection of Beeler Avenue & Britton Street, Isolated Stop Sign. --Motion made by Councilor Pniak-Costello to receive, 1st reading and refer to the Ordinance Committee. Councilor Pniak-Costello stated many constituents are concerned about speeding. Motion to refer passed by a unanimous roll call vote. Councilor Zygarowski absent. 18 A proposed ordinance adding to Chapter 260, Isolated Stop Signs, Quincy Avenue, Traveling north-at the intersection of Britton Street & Quincy Avenue, Isolated Stop Sign. --Motion made by Councilor Pniak-Costello to receive, 1st reading and refer to the Ordinance Committee. Councilor Pniak-Costello stated same situation. Motion to refer passed by a unanimous roll call vote. Councilor Zygarowski absent. 19 An application for a NEW Junk Dealer's License at: 34 Montgomery Street, Applied for by Sayegh Jewelers. Applicant: Adib Sayegh, 90 Pheasant Drive, Springfield, MA 01119. --Motion made by Councilor Brooks to receive and refer to the License Committee. Councilor Brooks stated take up in committee. Motion to refer passed by a unanimous roll call vote. Councilor Zygarowski absent. 20 An application for a NEW Class 2 License at: 874 Front Street. Applied for by: Royal Motors Auto Sales, LLC. Applicants: Vyacheslav Babinov, 55 Colony Drive, East Longmeadow, MA 01028 & Alexandr Emciuc, 7 Fowler Street, Floor 2, Westfield, MA 01085. --Motion made by Councilor Brooks to receive and refer to the License Committee. Councilor Brooks stated take up in committee. Motion to refer passed by a unanimous roll call vote. Councilor Zygarowski absent. 21 2025 Class 2 License renewals: Alansari Auto Sales & Repair, LLC 926, 928, & 930 Front Street --Motion made by Councilor Brooks to receive and granted with restrictions. Councilor Brooks stated unless there are any concerns. Motion passed by a unanimous roll call vote. Councilor Zygarowski absent. 22-24 2025 Auto Repair License renewals: Alansari Auto Sales & Repair, LLC 926, 928, & 930 Front Street Mario's Auto Service 63 Center Street Tommcat Performance 680 Prospect Street --Motion made by Councilor Brooks to receive and granted with restrictions. Councilor Brooks stated unless there are any concerns. Motion passed by a unanimous roll call vote. Councilor Zygarowski absent. 25 2025 Auto Body/Auto Repair License renewals: Tony & Sons Auto Service & Sales, Leasing, & Rental, Inc. 164-170 South Street --Motion made by Councilor Brooks to receive and granted with restrictions. Councilor Brooks stated unless there are any concerns. Motion passed by a unanimous roll call vote. Councilor Zygarowski absent. 26-27 2025 Auto Detail License renewals: Alansari Auto Sales & Repair, LLC 926, 928, & 930 Front Street Tony & Sons Auto Service & Sales, Leasing, & Rental, Inc. 164-170 South Street --Motion made by Councilor Brooks to receive and granted with restrictions. Councilor Brooks stated unless there are any concerns. Motion passed by a unanimous roll call vote. Councilor Zygarowski absent. 28 2025 Taxi Driver renewal: Zaheer A Shaikh 25 Lorraine Street --Motion made by Councilor Brooks to receive and granted with restrictions. Councilor Brooks stated unless there are any concerns. Motion passed by a unanimous roll call vote. Councilor Zygarowski absent. 29-30 2023 & 2024 Home Occupation renewal: Loyalty Tax Service, LLC Lena Alekseyenko 222 McCarthy Avenue. --Motion made by Councilor Brooks to receive and granted with restrictions. Councilor Brooks stated unless there are any concerns. Motion passed by a unanimous roll call vote. Councilor Zygarowski absent. Councilor's Announcements Adjournment: Motion made by Councilor Shumsky to adjourn at 7:47. Motion passed by a unanimous roll call vote. Councilor Zygarowski absent. ATTEST: Keith W. Rattell, City Clerk

Agenda

Notice of Meeting To be filed in duplicate Notice is hereby given in accordance with Chapter 30A, Section 18-25 of the General Laws of a meeting of the: City Council Meeting will be held 6:30 PM on Tuesday, January 7, 2025 The location of the meeting will be Auditorium, 3rd floor, City Hall & via Zoom Full description of location 274 Front Street, 3rd floor, Chicopee, MA 01013 & via Zoom Join Zoom Meeting https://us02web.zoom.us/j/81444859980?pwd=cvlL3119zvky4kx37ExgVFnVPKuosc.1 Meeting ID: 814 4485 9980 Passcode: 559155 If you have questions call the City Council Office at (413) 594-1435 The purpose of the meeting See attached agenda January 3, 20 Date and Time Received by Date and Time Posted by the City Clerk's Office the City Clerk's Office (electronic stamp) (electronic stamp) Revised 8/ 11/17 The City of Chicopee City Council meeting will be held on January 7, 2025, at the City of Chicopee City Hall Auditorium located at 274 Front Street, 3rd Floor, Chicopee, Massachusetts at 6:30 p.m. and via Zoom. The items to be discussed include the agenda items listed below. Mayor's Orders briefing and announcements by Mayor Vieau or designee Public Input Communications Minutes 11/18/24 Joint City Council/School Committee Special Meeting, 11/19/24 City Council Meeting MO-1 Ordered that the City Council accept the FY2024 Edward Byrne Memorial Justice Assistance Grant (JAG) from the Office of Justice Programs Bureau of Justice Assistance to the Chicopee Police Department in the amount of Twenty seven thousand six hundred eight and 00/100 dollars ($27,608.00). Said grant will be used to purchase three (3) sit/stand workstation consoles for the real-time information center. The grant is accepted in accordance with M.G,L. Chapter 44 Section 53A. MO-2 Mayor's appropriation of Twenty seven thousand six hundred eight and 00/100 dollars ($27,608.00) to the following named account: Police Special Account for Building Renovations from available funds in the Stabilization Fund. MO-3 Mayor's appropriation of Fifteen thousand five hundred forty and 92/100 dollars ($15,540.92) to the following named account: Human Resources Special Account for Indemnifications of Police & Fire from available funds in the Stabilization Fund. MO-4 To the City Council: You are hereby notified that I have this day appointed Monica Torres, 241 Chicopee Street, Chicopee, Massachusetts as a responsible party for the solicitation of contributions to the City of Chicopee for municipal sponsored entertainment events, educational programs, and other city activities. To which appointment I ask the confirmation of your honorable Council, 5 A favorable Utilities Committee report: Petition from Eversource Gas of Massachusetts hereby requests that it be granted a location and permission to install and maintain 1,090' of 6" and 2" MP plastic gas main on Lynwood Drive and Greenwood Terrace with such laterals and service connections as it may now or subsequently find necessary, 6 A favorable Utilities Committee report: Petition from Eversource Gas of Massachusetts hereby requests that it be granted a location and permission to install and maintain 4950' of 2" MP plastic gas main on Sherman Avenue, Davenport Street, Northwood Street and Mellen Street with such laterals and service connections as it may now or subsequently find necessary, 7 A favorable Rules Committee report: Be it Ordered that the Rules and Orders of the City Council Meetings shall be amended as follows: Rule #15 DELETE Standing committees shall be appointed as follows: Public Works, Personnel, Recreation, Communications, Utilities, Finance, Community Development, Senior Citizens, Ordinance, Rules, License, Public Safety/Police Commission, Zoning, Water Resource, Claims and Accounts, and Resort Casinos and Gaming. The Committee on Finance shall consist of five (S) members to include the President and four (4) other members. The committee on Zoning shall consist of five (5) members. The Resort Casinos and Gaming Committee will conform to the Gaming Act of the Commonwealth of Massachusetts and all city ordinances of the City of Chicopee either as a host community of a surrounding community neighbor and consist of five (5) members. AND INSERT IN PLACE THEREOF Standing committees shall be appointed as follows: Public Works, Personnel, Recreation, Communications, Utilities, Finance, Community Development, Senior Citizens, Ordinance, Rules, License, Public Safety/Police Commission, Zoning, Water Resource, Claims and Accounts, and Resort Casinos and Gaming. The Committee on Finance shall consist of five (5) members to include the President and four (4) other members. The committee on Zoning shall consist of five (5) members. The Resort Casinos and Gaming Committee will conform to the Gaming Act of the Commonwealth of Massachusetts and all city ordinances of the City of Chicopee either as a host community of a surrounding community neighbor and consist of five (5) members. The function of these committees is to research, discuss, and modify proposals for more efficient · consideration by the City Council. There shall be a Committee of the Whole, which shall consist of all members of the Council. No item shall be referred to the Committee of the Whole except if referred by a two thirds majority vote of the Council. 8 A favorable Rules Committee report: Be it Ordered that rule 15 of the Rules of the City Council be amended to read as follows: a. Standing Committees shall be appointed as follows: Claims and Accounts, Finance and Budget, Rules and Ordinances, Public Works and Resources, Zoning and Licenses, Human Resources, Public Health and Safety, Government Relations and Municipal Operations, Community and Economic Development. All committees shall have five members unless otherwise specified. There shall be a Committee of the Whole consisting of all members of the Council. No item shall be referred the Committee of the whole except by a two thirds majority vote. 9 A favorable Rules Committee report: A favorable Rules Committee report: Be it ordered that a petition to the General Court, accompanied by a bill for a special law relating to the recall of any holder of elective office in the City of Chicopee to be filed in the General Court with an attested copy of this order, be and hereby is, approved under Clause (1) of Section 8 of Article 2 of the Amendments to the Constitution of the Commonwealth of Massachusetts, so that the attached Legislation be adopted precisely as follows, except for clerical or editorial changes of form only: An act relative to the recall of any holder of elective office in the City of Chicopee. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: SECTION 1. Any holder of an elective city office in the City of Chicopee may be recalled from office for any reason by the registered voters of the city as provided in this act. An initial recall affidavit signed by at least 500 registered voters of the city containing the voters' names and addresses may be filed with the City Clerk. The initial recall affidavit shall contain the name of the officer sought to be recalled, the office sought to be recalled and a statement of the grounds for recall. The City Clerk shall immediately forward the recall affidavit to the Registrar of Voters for verification of signatures, The Registrar of Voters shall verify the signatures on the initial recall affidavit within 14 calendar days of receipt of the initial recall affidavit. If the initial recall affidavit is found to contain a sufficient number of verified signatures, the City Clerk shall deliver to the first 10 registered voters who signed the affidavit a formal numbered and printed recall petition sheet with the City Clerk's official seal and addressed to the City Council demanding the recall and the election of a successor to the office. The 10 registered voters of the city to whom the City Clerk delivered recall petition sheets shall have 30 days from the date of delivery of the recall petition sheets in which to file their signed recall petition sheets with the City Clerk. To proceed with the recall election, the City Clerk shall receive within 30 days from the date of delivery of the recall petition sheets, the required number of signed recall petition sheets containing the signatures, names and street addresses of at least 5,000 of the registered voters of the City of Chicopee as of the date the signed recall petition sheets are delivered to the City Clerk. Within 5 working days of receipt of the recall petition sheets, the City Clerk shall submit the recall petition sheets to the Registrar of Voters and the Registrar of Voters shall verify the number of signatures which are names of registered voters of the City. If the total recall petition sheets shall be found and certified by the Registrar of Voters to be sufficient, the certified petition shall be submitted with the certificate of the City Clerk to the City Council without delay. The City Council shall give written notice of the receipt of the certified petition to the officer sought to be recalled. If the officer does not resign within 5 calendar days of the date notice, then the City Council shall promptly order an election to be held on a date fixed by them not more than 90 days after receipt of the certified petition. If any other city election is scheduled to occur within 100 days after the date of receipt of the certified petition, the City Council may postpone the holding of the recall election to the date of the other election and may include the question of recall on the ballot for that other election. If a vacancy occurs in the office after a recall election has been ordered, the election shall nevertheless proceed as provided in this act. An officer sought to be recalled may be a candidate to succeed the officer in an election to be held to fill the vacancy. Unless the officer requests otherwise in writing, the City Clerk shall place the officer's name on the ballot without nomination. The nomination of other candidates, the publication of the warrant for the recall election and the conduct of the nomination and publication, shall all be in accordance with the law relating to elections, unless otherwise provided in this act. Recall of One or more Office Holders: The question of recalling any number of officers may be submitted at the same election. For each officer whose recall is sought there shall be a separate ballot The nomination of candidates to succeed an officer whose recall is sought, the publication of the warrant for said recall election, and the conduct of such election, shall all be in accordance with the provisions of the General Laws. The incumbent shall continue to perform the duties of the office until the recall election. If the incumbent is not recalled, the incumbent shall continue in office for the remainder of the unexpired term. If not re-elected in the recall election, the incumbent shall be considered removed from office immediately and the office vacant. Any elected official that is indicted for a crime punishable by imprisonment, shall be placed on paid administrative leave until the resolution of the case. If said elected official is convicted of a crime punishable by imprisonment, they shall be terminated per Chapter 435 of the Acts of 2014. The City Council shall determine by majority vote who shall fill the temporary vacancy imposed by the paid administrative leave. An initial recall affidavit shall not be filed against an officer within 6 months after the officer takes office or within the last 6 months of the term. In the case of an officer subjected to a recall election and not recalled, a new recall affidavit shall not be filed against that officer until at least 3 months have elapsed after the election at which the previous recall was submitted to the voters of the City. Recall Election Ballots Ballots used in a recall election shall submit the following propositions in the order indicated: For the recall of (name of officer} Against the recall of (name of officer} Immediately to the right of each proposition there shall be a square in which the voter, by making a cross mark (x), may vote for either of such propositions. Under the proposition shall appear the word "Candidates" and the direction "Vote for One" and beneath the names of the candidates nominated as hereinbefore provided. SECTION 2. So much of the charter of said City and of the amendments thereto as is inconsistent herewith is hereby repealed. SECTION 3. This act shall take effect upon its acceptance by a majority of the qualified voters of the City of Chicopee, present and voting therein at the state election in the current year and shall be known as Article VIII Section 66 of the Charter of the City of Chicopee. 10 A favorable Rules Committee report: Be it Ordered that the Rules and Orders of the City Council Meetings shall be amended as follows Rule 15. Add to standing committee a Litter Committee. 11 A favorable Rules Committee report: Be it Ordered that the Rules Committee meet for an update and review on requests for withdrawals on petitions in subcommittees. 12 A favorable Rules Committee report: A favorable Rules Committee report: Be it Ordered that the Rules and Orders of the City Council meetings shall be amended as follows: Delete 11c. Any order, ordinance, resolution, or petition, or communication, submitted to the City Clerk after 3:00 PM on the Thursday prior to the regular meeting of the City Council shall be deemed to be a late file order. (Sunset Clause - Until December 2013). And insert in place thereof 11c. Late File Orders, i.e. any order, ordinance, resolution, or petition, or communication, submitted to the City Clerk after 3:00 PM on the Thursday prior to the regular meeting of the City Council, will only be accepted if they are deemed an emergency order, ordinance, resolution or petition; or communication. Committee amended to read as follows: And insert in place thereof 11c. Any order, ordinance, resolution, or petition, or communication, submitted to the City Clerk after 3:00 PM on the Thursday prior to the regular meeting of the City Council, will only be accepted if they are deemed an emergency order, approved by the Mayor and President of the City Council. 13 A favorable Rules Committee report: Be it Ordered that the Rules and Orders of the City Council meetings shall be amended as follows: Delete 11 e. All orders, ordinances, resolution, petitions, communication, or late file orders must be day and time stamped by the City Clerk on the day of submission. This rule does not apply as late file to any Committee Reports. And Insert in Place Thereof: 11 e. All orders, ordinances, resolutions, petitions, communications must be day and time stamped by the City Clerk on the day of the submission. Committee amended to read as follows: And insert in place thereof 11e. All orders, ordinances, resolutions, petitions, communications must be date and time stamped by the City Clerk on the day of the submission. 14 Be it Ordered that the City Council meet to discuss the Open Meeting Law Complaint filed by Jonathan Gerhardson received on December 13, 2024 regarding the meeting agendas and minutes not being ADA compliant and the zoom link for City Council meetings and committee meetings not being clickable. Laflamme 15 Be it Ordered that the property on 14 Dorothy Avenue be Referred to Public Works Committee for a public hearing. Pniak-Costello 16 Be it Ordered that the DPW install a flashing stop sign on Rolf Avenue at the intersection of Dale Street. Labrie 17 A proposed ordinance adding to Chapter 260, Isolated Stop Signs, Beeler Avenue, Traveling south at the intersection of Beeler Avenue & Britton Street, Isolated Stop Sign. Pniak-Costello 18 A proposed ordinance adding to Chapter 260, Isolated Stop Signs, Quincy Avenue, Traveling north-at the intersection of Britton Street & Quincy Avenue, Isolated Stop Sign. Pniak-Costello 19 An application for a NEW Junk Dealer's License at: 34 Montgomery Street, Applied for by Sayegh Jewelers. Applicant: Adib Sayegh, 90 Pheasant Drive, Springfield, MA 011,19. 20 An application for a NEW Class 2 License at: 874 Front Street. Applied for by: Royal Motors Auto Sales, LLC. Applicants: Vyacheslav Babinov, 55 Colony Drive, East Longmeadow, MA 01028 & Alexandr Emciuc, 7 Fowler Street, Floor 2, Westfield, MA 01085. 21 2025 Class 2 License renewals: Alansari Auto Sales & Repair, LLC 926, 928, & 930 Front Street 22-24 2025 Auto Repair License renewals: Alansari Auto Sales & Repair, LLC 926, 928, & 930 Front Street Mario's Auto Service 63 Center Street Tommcat Performance 680 Prospect Street 25 2025 Auto Body/Auto Repair License renewals: Tony & Sons Auto Service & Sales, Leasing, & Rental, Inc. 164-170 South Street 26-27 2025 Auto Detail License renewals: Alansari Auto Sales & Repair, LLC 926, 928, & 930 Front Street Tony & Sons Auto Service & Sales, Leasing, & Rental, Inc. 164-170 South Street 28 2025 Taxi Driver renewal: Zaheer A Shaikh 25 Lorraine Street 29-30 2023 & 2024 Home Occupation renewal: Loyalty Tax Service, LLC Lena Alekseyenko 222 McCarthy Avenue Councilor's Announcements Adjournment: ATTEST: Keith W. Rattell, City Clerk

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