City Council

Minutes from the City Council Meeting on Tuesday January 21, 2025, at 6:30 pm in the Auditorium are as follows: t '. ,-· [ • ~) ! Laflamme, Frank N., President At-Large Councilor ~ ' -~ pr_e~ent . i,l i 1 Roy, Gerard (Jerry) A. At-Large Councilor -,, ,, J'rdseHF L, I!· Wagner, Timothy Joseph At-Large Councilor Present via'zoom left at 9:00 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 arr. on Zoom @7:35 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 Building Department out of money in this fund. Councilor Wagner stated for the Cabotville property? Mayor stated the city is required to protect the asset. Councilor Wagner stated how will we recoup the funds? The Mayor stated with a lien. We will lien the property. On MO-2, Chief Major stated funding, the grant was approved, need to move to spend. Will be reimbursed by the state. Training will start soon. Mayor stated body and dash cams, protection all around, citizens and officers. On MO-3, settlement for wages, patrolman vs cadet, cannot be two different wages. On MO-4, replacing a greens mower. Funds coming from revolving accounts. On MO-5, 180 Broadway, like to send out an RFP but need to know the existing conditions. Lee Pouliot stated hazardous materials need to be known. Councilor Laflamme stated will be using for storage for the city hall project. Lee Pouliot stated could take 2-3 years for the RFP. Councilor Pniak-Costello stated is this the long-term plan to remain storage? Lee stated ask to surplus, sell to the private sector. While renovating city hall will use for storage. City hall overall has a lack of storage. Councilor Bala kier stated how soon will this be started. Lee answered in the next 2-3 weeks. On MO-6, prior year bill, oversite. Cannot be paid out of this years budget. On MO-7, eager to get engaged in the city, fantastic resume, she's looking forward to meeting you in Human Resources Committee. On MO-8 impeccable resume, commercial and private pilot. On MO-9, thank you for your commitment and willingness to serve. On MO-10, thank you for commitment to serve, commitment to the city. On MO-11, Captain Katie thank you for everything you do for our city. On MO-12, Lieutenant, well known, thank you for your service to the community. On MO-13, monthly. On MO-14, standard monthly. Mayor stated the city is embarking on a situation table. Focus on individuals in crisis. Engage, involved. Two day training. February 19th and 20th work and focus on those with issues. City is here to support. Get help and guidance they need. Feel this will be successful. Public Input-Lisa Bienvenue, 34 Everett Street, heard a comment on one of the political shows this weekend, running a city is like running a business for the residents. Didn't seem it was for the residents at Pilot. What kind of planning are we doing if we need a new school? Glad about the council. Warming centers are open during normal business hours. Holyoke set up at night. Everyone look down. Thank Councilor Wagner for his orders. Backup material belongs with the minutes too. Connie Leblanc, 55 Providence Street, back again to complain about the parking at Lucky Strike. Put sign at eye level. Sick of it, people with handicap placards park in the no parking zone. Parked illegally. Giving tickets at crosswalks, two people died on Grattan Street. Should be no parking on the street. Need something to be done. Get a petition going to get no parking on the street. Not getting enough done. City is going right in the handbag. Katherine Pires, 35 Beaumont Avenue, on the recall petition. Numbers are regardless of city wide or ward. Look first and see what communities around us are doing. Completely confounded why it would require 1000 votes. Not equitable. Initial item was brought from public. How or when should this be debated or amended. Sue Nimchick, 362 James Street, returned home Saturday turned on Chicopee TV was catching up. Out of committee and be talked about. Applaud Tim Wagner, democracy is becoming more difficult in Chicopee. Abutters are not against business, just need the right place. Recall should be as simple as possible. People want to talk and understand, get involved. People care. No time at the committee meetings to get to know people. Input and feedback. --Motion made by Councilor Balakier to close public input. Motion passed by a unanimous roll call vote. Councilors Zygarowski and Courchesne absent. Communications--none Minutes --Motion made by Councilor Shumsky to accept the minutes of the 12/3/24 City Council Meeting. Motion passed by a unanimous roll call vote. Councilors Zygarowski and Courchesne absent. MO-1 Mayor's appropriation of Sixty thousand and 00/100 dollars ($60,000.00) to the following named account: Building Special Account for Emergency Demolition/Emergency Security from available funds in the Stabilization Fund. --Motion made by Councilor Arriaga to receive and pass. Councilor Arriaga stated need to replenish building account for Cabotville to keep the property safe. Councilor Wagner stated will vote no on this, the developer malicious and antagonist. Knowingly not securing the property. Not paying to keep Silverbricks property safe. Councilor Pniak-Costello stated Silverbrick issue has been around for a very long time. Very happy money is provided by the city. Myself, former Councilors Dobosz, and Lopez spoke about this in 2022. To keep safe. How much are we going to pay? Should be owner of the building who is paying. Should Silverbrick be the responsible party. Counselor Riley stated 750,000 sq. ft. the issue is the developer that owns it claims he has no money. The only way to get money is to put a lien on the property. Councilor Pniak-Costello asked has a lien been put on the property? Going on since 2003-2005 taxpayers are paying for this. Counselor Riley stated yes, a lien has been placed on the property. Councilor Arriaga stated talked about this last year. Stopping people from getting in, preventing tragedies. Councilor Shumsky stated had conversations regarding the property. Could be a disaster people live down there. Could have a regional disaster on our hands. Hoping in the future the property has a potential buyer. Councilor Wagner stated to call this a potential regional disaster is a huge overstatement. Don't think half the people In this city can say there are poisons in there. Corporate welfare at its finest. Councilor Roy stated if you think for one second that building  won't go up in flames you are mistaken. Councilor Pniak-Costello stated is there any way after all these years we can resolve this instead of throwing more money into this. What are we going to do about this? What more can we do? Counselor Riley stated more of a decision by the Mayor. Could be another Uniroyal. From a legal standpoint we are doing all we can. Councilor Labrie stated we all know what was happening when they were running this place. People getting in with no security, could be a tragedy. Mayor said hopes a good buyer in place. Don't like doing this, but it could be a catastrophe. Councilor Arriaga stated already have three bids for boarding up, push to committee, faster solution to security. Waiting on the buyer. If there is a different option. --Motion made by Councilor Shumsky to allow Councilor Laflamme to speak. Motion passed by a roll call vote of 10 yes, 1 abstained. Councilor Laflamme abstained. Councilors Zygarowski and Courchesne absent. Councilor Laflamme stated everyone had good comments. About liability. Building Commissioner must by law keep the building secure. Fire Department is keeping it heated. Putting firefighters at risk. Like to approve this tonight and let the Mayor see about boarding this up. For the city to take over not in favor of that at all. Inspector is following the law. Doing his due diligence. The city will be the first to get paid. Frustrated but this is where we are today. Councilor Shumsky stated can we send a letter to the Mayor to recommend the next owner link to the police Al system. Councilor Labrie stated the last time we took over a building it cost over $20 million to clean it. Councilor Pniak-Costello stated discussion has educated everyone not a good idea to take over the building. Silverbrick is violating a court order. Did anyone come back in. Counselor Riley stated if they have no money you won't get any money. Councilor Pniak-Costello stated should the city state the individual is indigent? Councilor Goff stated do not agree with the city taking over this property. We paid $140,000 to board up the first floor. More for security now. Amount of money for security is concerning. Motion passed through all stages by a roll call vote of 9 yes, 2 no. Councilors Wagner and Arriaga voting no. Councilors Zygarowski and Courchesne absent. MO-2 Mayor's appropriation of Two hundred forty nine thousand nine hundred thirty two and 70/100 dollars ($249,932.70) to the following named account: Police Expense Account for Computer Software from available funds in the Stabilization Fund. --Motion made by Councilor Pniak-Costello to receive and pass. Councilor Pniak-Costello stated order to appropriate for the body cam program. Continue to enhance public safety. Excellent police force. Body cams will assist and hold accountable. Motion passed through all stages by a unanimous roll call vote. Councilor Zygarowski absent. MO-3 Mayor's appropriation of Sixty six thousand two hundred thirteen and 78/100 dollars ($66,213.78) to the following named account: Settlement in the Case of Police Wage Act Claims of Helder Silviera, Nicholas Anthony, Austin James, Paul James, and Ariel Roldan vs. City of Chicopee from available funds in the Stabilization Fund. --Motion made by Councilor Krampits to receive and pass. Councilor Krampits stated resolve pay equity, cadets were paid less than patrol officers. Have to be paid the same. Motion passed through all stages by a unanimous roll call vote. Councilor Zygarowski absent. MO-4 Mayor's appropriation of Fifty seven thousand two hundred twenty seven and 41/100 dollars ($57,227.41) to the following named account: Golf Special Account for Purchase of Equipment from available funds in the following named Golf Revolving Accounts: Pro Shop Revolving $40,000.00 Driving Range Revolving 17,227.41 $57,227.41 --Motion made by Councilor Wagner to receive and pass. Councilor Wagner stated refrain from voting on this one. Councilor Shumsky stated for a greens mower. Recognize Mike O'Neill and staff, made in the black this year. Councilor Balakier stated for new equipment. Greens mower from their revolving accounts. Motion passed through all stages by a roll call vote of 11 yes, 1 abstained. Councilor Wagner abstained. Councilor Zygarowski absent. MO-5 Mayor's appropriation of Eleven thousand five hundred sixty five and 00/100 dollars ($11,565.00) to the following named account: Planning Expense Account for Special Services from available funds in the Stabilization Fund. --Motion made by Councilor Roy to receive and pass. Councilor Roy stated RFP for 180 Broadway, assessment by the Beta Group. Motion passed through all stages by a unanimous roll call vote. Councilor Zygarowski absent. MO-6 Mayor's appropriation of Two hundred thirty and 00/100 dollars ($230.00) to the following named account: Management Information Systems Special Account for Service Contracts from available funds in the Stabilization Fund. --Motion made by Councilor Labrie to receive and pass. Councilor Labrie stated last year bill. Need to pay. Motion passed through all stages by a unanimous roll call vote. Councilor Zygarowski absent. MO-7 To the City Council: You are hereby notified that I have this day appointed Yvette Tootle, 15 Kurtz Street, Chicopee, Massachusetts, 01013 as a member of the Commission on Disability to serve as a member for the term of 3 years expiring on the first of June 2028. To which appointment I ask the confirmation of your honorable Council. *New appointment --Motion made by Councilor Balakier to receive and refer to the Human Resources Committee. Councilor Bala kier stated potential applicant for the Commission on Disability. Motion to refer passed by a unanimous roll call vote. Councilor Zygarowski absent. MO-8 To the City Council: You are hereby notified that I have this day appointed Jim Hosey, 90 Bridle Path Road, Chicopee, Massachusetts, 01013 as a member of the Westover Metropolitan Development Corporation to serve in such office for the term of 3 years expiring on the first of February 2028. To which appointment I ask the confirmation of your honorable Council. *Re-Appointment --Motion made by Councilor Shumsky to receive and pass. Councilor Shumsky stated reappointment. Motion passed by a unanimous roll call vote. Councilor Zygarowski absent. MO-9 To the City Council: You are hereby notified that I have this day appointed Maureen M. Cayer, 41 Marlborough Street, Chicopee, MA as a member of the Mobile Home Rent Control Board to serve until the first of December 2027. To which appointment I ask the confirmation of your honorable Council. *Re-Appointment --Motion made by Councilor Goff to receive and pass. Councilor Goff stated reappointment, asking to be approved. Motion passed by a unanimous roll call vote. Councilor Zygarowski absent. MO-10 To the City Council: You are hereby notified that I have this day appointed Mary Anne T. Cierpial, 61 Grape Street, Chicopee, Massachusetts, 01013 as a member of the Ambulance Commission to serve as a member for the term of 3 years expiring on the first of January 2028. To which appointment I ask the confirmation of your honorable Council. *Re-appointment --Motion made by Councilor Brooks to receive and pass. Councilor Brooks stated another reappointment. Motion passed by a unanimous roll call vote. Councilor Zygarowski absent. MO-11 To the City Council: You are hereby notified that I have this day appointed Katherine Collins-Kalbaugh, 14 Nawrocki Drive, Chicopee, Massachusetts, 01020 as a member of the Ambulance Commission to serve as a member for the term of 3 years expiring on the first of January 2028. To which appointment I ask the confirmation of your honorable Council. *Re-appointment  --Motion made by Councilor Arriaga to receive and pass. Councilor Arriaga stated reappointment, thank Captain Katie for her dedication to the city. Motion passed by a unanimous roll call vote. Councilor Zygarowski absent. MO-12 To the City Council: You are hereby notified that I have this day appointed Jan F. Wegrzynek, 38 Sergeant Ave., Chicopee, Massachusetts, 01020 as a member of the Ambulance Commission to serve until the first of January 2028. To which appointment I ask the confirmation of your honorable Council. • Re-appointment --Motion made by Councilor Pniak-Costello to receive and pass. Councilor Pniak-Costello stated reappointment. Motion passed by a unanimous roll call vote. Councilor Zygarowski absent. --Motion made by Councilor Balakier to make Councilor Labrie president pro tempore for MO-13 & MO-14. Motion passed by a roll call vote of 10 yes, 2 abstained. Councilors Laflamme and Labrie abstained. Councilor Zygarowski absent. MO-13 Ordered that the City Council accept the donations in the amount of Five thousand eight hundred eighty five and 00/100 dollars ($5,885.00) to the Chicopee Council on Aging for senior meals for the month of December, 2024. Said donations are accepted in accordance with M.G.L. Chapter 44 Section 53A. --Motion made by Councilor Krampits to receive, pass and the donation accepted with a 2 nd by Councilor Labrie. Councilor Kram pits stated money the senior center receives, ongoing efforts. Motion passed through all stages by a roll call vote of 11 yes, 1 abstained. Councilor Laflamme abstained. Councilor Zygarowski absent. MO-14 Ordered that the City Council accept the attached list of donations in the amount of Seven hundred fifty one and 00/100 dollars ($751.00) to the Chicopee Council on Aging. Said donations are to be used for programming and they are accepted in accordance with M.G.L. Chapter 44 Section 53A. --Motion made by Councilor Wagner to receive, pass and the donation accepted with a 2nd by Councilor Labrie. Councilor Wagner stated donations to the senior center. Motion passed through all stages by a roll call vote of 11 yes, 1 abstained. Councilor Laflamme abstained. Councilor Zygarowski absent. 15 A favorable Human Resources Committee report: Mayoral appointment of Denise Londraville as a member of the License Commission to serve as a member for the term of 6 months expiring on the first of June 2025. --Motion made by Councilor Labrie to receive and approved. Councilor Labrie stated interviewed, long time city resident. Wants to give back to the community. Willing to serve.  Motion passed by a roll call vote of 11 yes, 1 out of chair. Councilor Krampits out of chair. Councilor Zygarowski absent. 16 A favorable Human Resources Committee report: Mayoral appointment of Timothy Foley to the Golf Commission to serve in such office expiring on the first day of November 2028. --Motion made by Councilor Labrie to receive and approved this evening. Councilor Labrie stated interviewed, lifelong resident, 29 year city employee. Wants to be a commissioner. Motion passed by a unanimous roll call vote. Councilor Zygarowski absent. 17 A favorable License Committee report: Application for a Junk Dealers License at 1600 Memorial Drive (Inside Price Rite 0361). Applicant-EcoATM, LLC, 10121 Barnes Canyon Road, San Diego, CA 92121. --Motion made by Councilor Brooks to receive and the license denied. Councilor Brooks stated second time the applicant didn't appear. Motion to deny passed by a unanimous roll call vote. Councilor Zygarowski absent. 18 A favorable License Committee report: Application for an Auto Repair License for Alsultanit, LLC, located at 238 Meadow Street. Applicant: Taha Alsuntani, 11 Baldwin Street, West Springfield, MA 01089. --Motion made by Councilor Brooks to receive and postpone to the call of the chair. Councilor Brooks stated not a plot plan provided with parking designation. Motion to postpone passed by a unanimous roll call vote. Councilor Zygarowski absent. 19 A favorable License Committee report: Application for Class II License for Alsultanit, LLC, located at 238 Meadow Street. Applicant: Taha Alsuntani, 11 Baldwin Street, West Springfield, MA 01089. --Motion made by Councilor Brooks to receive and postpone to the call of the chair. Councilor Brooks stated plot plan was insufficient. Motion to postpone passed by a unanimous roll call vote. Councilor Zygarowski absent. 20 A 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 (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. --Motion made by Councilor Brooks to receive and approved. Councilor Brooks stated solidify some of the committees. Made it easier to have meetings. Motion passed by a unanimous roll call vote. Councilor Zygarowski absent. 21 A 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 postpone to the call of the chair. Councilor Brooks stated back and forth quite a bit. Need to consider before sending back to the legislature. Councilor Pniak-Costello stated concern of residents, happening in East Hampton right now. Censoring a member. Should also look at censoring. Councilor Arriaga stated should take over time. Stand behind our decisions, very important thing for the whole city. Get it right. Councilor Wagner stated like to draw attention to any elected official, indicted, read a line from the attached. We will be presuming guilt. Wholly in favor of removing the language. Due process,  violation. Committee has a lot of work to do. Motion to postpone passed by a unanimous roll call vote. Councilor Zygarowski absent. 22 A Rules Committee report: 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 Brooks to receive and approved. Councilor Brooks stated will hopefully settle the alleged allegation. Hopefully will satisfy the Attorney General. --Motion made by Councilor Shumsky to allow Councilor Laflamme to speak. Councilor Laflamme stated thank the Law Department and our own office. Give permission for the attorney to write letter to complainant. Councilor Pniak-Costello stated should be grateful, will improve the way we conduct our meetings. Motion passed by a unanimous roll call vote. Councilor Zygarowski absent. 23 A 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 return to the sender for clarification. Councilor Brooks stated weren't sure what the maker of the motion was looking for. Councilor Pniak-Costello stated have been working with Attorney Riley. Motion passed by a unanimous roll call vote. Councilor Zygarowski absent. 24 Be it Ordered that the Financial Management Resources Bureau of the Division of Local Services be invited to conduct a review of Chicopee's Municipal Financial Policies and Financial Management Structure. --Motion made by Councilor Wagner to receive and pass. Councilor Wagner stated the bureau is the one that drafted the policy in 2016. Document should be looked back on regularly. Look at the governmental structure. Beneficial to get professional advice. Councilor Pniak-Costello stated support Councilor Wagner's order. Good idea. Not out to make anybody look bad. Councilor Shumsky stated financial status is very good. AA bond rating. Councilor Wagner stated wasn't filed to make anyone look bad. Business is ever changing. Look at financial policies. Modern guide to have. Know where the money is going. --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 spent the whole day in city hall. Going over this in 2016 we had two people come in, recommending body, when they did this they looked at this. Implemented six of their requests. Know the auditor will be leaving. Many offices have challenges in the city. Not the time right now. Every office is rapidly changing. Sharyn does not have the time right now to do this. Give a shout out to the financial team and employees. Mayor hired someone for the Human Resources Department. Hoping we don't do this tonight. City is in good shape. Had state audit, DOR approved. Will support Sharyn let her do her job. Councilor Wagner stated not much of that made any sort of sense at all. Appreciate Sharyn is overworked. Free cash has not been  approved. Can Chicopee be better? There will never be a good time for everyone. Ok to ask for help, know when we should improve. State audit looks at other things. Doesn't require a deep look into our books. Could see immense benefit. Councilor Laflamme stated mentioned a time and a place. Timing is not good now. Did anyone call department heads? Will there be a burden on staff? There may not be a time they are overwhelmed helping with the Human Resources Department. Let's get free cash done. Down the road we can bring this forward again. Hope everyone talks to department heads. Have to prioritize. Motion denied by a roll call vote of 3 yes, 9 no. Councilors Wagner, Arriaga, and Pniak-Costello voting yes. Councilor Zygarowski absent. 25 Be it Ordered that the Auditor, or the Auditor's representative, present a quarterly Year-to-Date budget report to the City Council every fiscal year quarter going forward upon passage of this order. Be it further ordered that any appropriation necessary to comply with this order be made by the Mayor and transmitted to the City Council for approval. --Motion made by Councilor Wagner to receive and refer to the Auditor and Mayor for implementation. Councilor Wagner stated looked at what other communities do, have one for this meeting. Other communities have them. Don't think it will be a bad idea to have this. Back to compliance. Good for the public. Councilor Pniak-Costello stated support this, School Department makes sure the numbers are out there. Public can see. M.G.L., that's the law. Would be following what the law says. Councilor Shumsky asked what M.G.L. is this? Councilor Wagner answered DOS advisory, Chapter 41 Section 58. --Motion made by Councilor Shumsky to allow Councilor Laflamme to speak. Motion passed by a roll call vote of 10 yes, 1 abstained, 1 out of chair. Councilor Laflamme abstained. Councilor Labrie out of chair. Councilor Zygarowski absent. Councilor Laflamme stated meet with Sharyn a couple times a week. Have had sent to me electronically. Will send in future. Will vote no to give her a chance to work on this. How many councilors reach out, the answer is two. Report was sent last Friday. All should call departments, why don't people reach out? People put stuff out there but don't reach out to department heads. Think what she's doing is needed at this time. Councilor Wagner stated did go to the auditor at the beginning of term. She doesn't send out because it is too much paper. Do go to department heads. Pardon me for wanting what's best for my community. You can have an opinion. Filed this order before. Motion defeated by a roll call vote of 5 yes, 7 no. Councilors Wagner, Arriaga, Goff, Courchesne, and Pniak-Costello voting yes. Councilor Zygarowski absent. 26 Be it Ordered that the Auditing Department of the City Council and M.I.S. Department establish a web page on the Chicopee municipal website to publish Year-to-Date budget reports. Be it further Ordered that the Auditor, or the Auditor's representative, publish one current Year-to- Date budget report to this web page per month. Be it further Ordered that any appropriation necessary to comply with this order be made by the Mayor and transmitted to the City Council for approva I. --Motion made by Councilor Wagner to receive, refer to the Auditor, IT, and Mayor for implementation. Councilor Wagner stated other towns and communities do this. Motion defeated by a roll call vote of 5 yes, 7 no. Councilors Wagner, Arriaga, Goff, Courchesne, and Pniak-Costello voting yes. Councilor Zygarowski absent. 27 Be it Ordered that the position of a full-time code enforcement officer be added to the City Council's office or the Mayor's office. Be it further Ordered that, under the provisions of M.G.L. Chapter 44 Section 33, an appropriation of $65,000 be appropriated from the Stabilization Fund account to fund the salary for this position. --Motion made by Councilor Wagner to withdraw. Councilor Wagner stated self-explanatory. Motion to withdraw passed by a unanimous roll call vote. Councilor Zygarowski absent. 28 Be it Ordered that the Law Department, Planning Department, and Engineering Department conduct a review of the Commonwealth's Affordable Homes Act, specifically the sections relating to accessory dwellings, and recommend to the City Council their recommendations, if any, to appropriately and reasonably regulate such accessory dwellings. --Motion made by Councilor Wagner to receive and pass. Councilor Wagner asked what sorts of regulations can we put in place. State did put out regulations. --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 Laflamme asked can we defeat this? Lee Pouliot gave a letter about what they are putting in place. They will give the letter to Councilor Wagner to put on the agenda. They have to have meetings. Don't know when the regulations will be set. Ask to withdraw and you can present the draft from planning. Motion defeated by a roll call vote of 4 yes, 8 no. Councilors Wagner, Arriaga, Goff, and Pniak- Costello voting yes. Councilor Zygarowski absent. 29 Resolution Whereas Chapter 90 infrastructure funding has not exceeded $200 Million USO for more than three fiscal years since 2012 and, Whereas the cost of infrastructure and construction projects have risen considerably due to inflation and, Whereas the need to fund critical infrastructure projects has increased substantially over the last thirteen years, Now, therefore, be it ordered that the Chicopee City Council requests that the General Court of the Commonwealth of Massachusetts appropriate extra funding for Chapter 90 projects in line with the recommendation of the Massachusetts Municipal Association to an amount of $300 Million USO. Be it further ordered that the Chicopee City Council also send this petition to the City Council's in the following communities to consider and endorse: Springfield, Holyoke, Westfield, West Springfield, Agawam, Pittsfield, Greenfield, North Adams, East Longmeadow, Palmer, Northampton, and Easthampton.  --Motion made by Councilor Wagner to withdraw. Motion to withdraw passed by a unanimous roll call vote. Councilor Zygarowski absent. 30 Be it Ordered that the full agenda and backup material for the City Council meetings and Committee meetings be uploaded to the city website, and that such agendas and materials be uploaded with appropriate notice in accordance with the Open Meeting Law. --Motion made by Councilor Wagner to receive and refer to the City Clerk's office and Council office for implementation. Councilor Wagner stated most communities post this. Can't stress enough other cities and towns do this. Allocation of money that could be grant reimbursed. Reason why we haven't done this is sensitive materials. Should be in executive session. One hundred percent of the picture. Councilor Pniak-Costello stated support this. Inform constituents. Will vote for this. Food for thought, too bad we can't give to all communities. --Motion made by Councilor Shumsky to allow City Clerk Rattell to speak. Motion passed by a unanimous roll call vote. Councilor Zygarowski absent. Clerk Rattell stated to clarify, what the agenda is the cover sheet is the official agenda. Glad Councilor Wagner brought up other cities and towns. Westfield agenda is two pages, Holyoke agenda is four pages, Agawam agenda is seven pages, South Hadley agenda is two pages, Southwick agenda is two pages. We go above and beyond. Phone book size agenda comes from the Mayor and Auditor. Official documents, type the motions. Had a meeting about six months ago with the city Solicitor. Discussed agendas. Being done properly. Sensitive documents make the agenda. Things get put on there, Police and Firefighters who are out of work shouldn't be out on the world wide web. Also make available to people who come to meetings, this is being done properly. If we change things will be done differently. We do this as a roadmap for you to follow. We cannot have 13 Mayors trying to run the city. Could have been easily explained by a phone call. Councilors try to go above and beyond their jobs. Couple who go after department heads. Learn government at an early age, Executive and Legislative branches. You are not administrators. Met with the Auditor and Mayor's office. Councilor Goff stated thank the City Clerk for speaking. Have some things with the Hippa laws. Not something that should be put out there in the open. Councilor Wagner stated thank you to the City Clerk for doing all of this for us tonight. Not asking for names and reasons for police and fire to be out there. Entire contract posted on Holyoke website. Right under the M.G.L. power is not unlimited. We can do is say hey there is material out the public is entitled to see. Filed the order having done research. Most cities do have this out there. Thank the City Clerk for his insight. Can bring Chicopee into the 21 st century. Appropriate to have the order on here. City Clerk Rattell stated perfect example. Brought to our office backup information given to me, confidential memo from Law to Mayor to be placed on the agenda. Do we want that on the world wide web 7 We are complying with the open meeting law. Will not take that chance with our employees. Councilor Pniak-Costello stated basically from what is being discussed Councilor Wagner wants more to go on the computer. Is there a problem with that legally? What's your take on how we proceed legally? Counselor Riley stated can't imagine it's a good idea to put this private information on the world wide web. Councilor Shumsky stated thank the Clerk and his office staff. Stuff happens as you know with the internet. Have to say would you want your private information out there for all to see? Councilor Wagner stated we can add no personal or legal documents out there. We refuse to be better sometimes. Motion defeated by a roll call vote of 1 yes, 11 no. Councilor Wagner voting yes. Councilor Zygarowski absent. 31 Be it Ordered that the Rules and Orders of the City Council Meetings shall be amended as follows: Delete 12 (d) The President shall open the meeting to public input. Public input shall be limited to three (3) minutes. No person(s) shall be allowed to yield time to another during public input. The individual shall give their name and address prior to speaking. At any time a person not present at the close of public input makes a request to address the City Council, he or she will require a two-thirds majority roll call vote of the Council before being allowed to proceed. And Insert in Place Thereof 12 (d) The President shall open the meeting to public input. Public input shall be limited to three (3) minutes. No person(s) shall be allowed to yield time to another during public input. The individual shall give their name and address prior to speaking. At any time a person not present at the close of public input makes a request to address the City Council, he or she will require a two-thirds majority roll call vote of the Council before being allowed to proceed. No person shall speak during public input who is not a resident of the City of Chicopee or who does not have business pending before the committee such as but not limited to License and Zoning applications. --Motion made by Councilor Bala kier to receive and refer to the Rules Committee. Councilor Balakier stated delete some public input issues. Councilor Shumsky stated wouldn't this be infringing on 14th amendment rights? Counselor Riley stated one section would be a violation. Councilor Courchesne stated we already discussed this, surprised to see this back on the agenda. Motion defeated by a roll call vote of 10 no, 1 out of chair. Councilor Arriaga out of chair. Councilors Wagner and Zygarowski absent. 32 Proclamation: Honoring the Record-Breaking Achievements of the CCHS Girls Indoor Track Team: Chicopee City Council Proclamation Honoring the Record-Breaking Achievements of the CCHS Girls Indoor Track Team WHEREAS, the Chicopee City Council takes great pride in recognizing the outstanding accomplishments of local students who demonstrate excellence, dedication, and sportsmanship; and WHEREAS, the CCHS Girls Indoor Track Team has achieved remarkable success during the 2024-2025 indoor track season, setting new school records and earning accolades through hard work and teamwork; and WHEREAS, on December 22, 2024, at the CCHS Meet, the 4x200 relay team-consisting of Alex Sawicki, Gianna Sleeper, Arberesha lbrahimi, and Kyla Shumsky-achieved a time of  1:50.04, earning 1st place out of 10 teams and breaking the school record previously set in February 2024; and WHEREAS, on December 28, 2024, at the Boston Holiday Challenge Invitational at the New Balance Track, the same 4x200 relay team earned 6th place overall with an impressive time of 1:50.54, proudly representing Chicopee and their school on a regional stage; and WHEREAS, on January 5, 2024, Alex Sawicki claimed 1st place in the 55-meter dash with a time of 7.44 seconds, breaking the school record and further showcasing her individual talent and dedication; and WHEREAS, on the same day, the 4x400 relay team of Alex Sawicki, Gianna Sleeper, Arberesha lbrahimi, and Kyla Shumsky achieved a time of 4:26.45, earning 1st place and setting another school record, further solidifying their legacy of excellence; and WHEREAS, the accomplishments of these student-athletes bring great pride to their families, their school, and the entire Chicopee community, serving as an inspiration for future generations to pursue their goals with determination and teamwork; NOW, THEREFORE, BE IT RESOLVED, that the Chicopee City Council, on behalf of the citizens of Chicopee, officially recognizes and honors the CCHS Girls Indoor Track Team for their record-breaking achievements, their dedication to excellence, and their representation of Chicopee with distinction; and BE IT FURTHER RESOLVED, that this proclamation be entered into the official record of the Chicopee City Council as a testament to the remarkable accomplishments of these student- athletes and their positive impact on our community. Dated this 21 st day of January, 2025. --Motion made by Councilor Shumsky to receive and approve. Councilor Shumsky stated these individuals have broken records both team and individual Would like to recognize the achievements. --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 Laflamme stated please come in by Friday to sign. Motion passed by a unanimous roll call vote. Councilors Wagner and Zygarowski absent. 33 An application for a NEW Home Occupation License at 34 Pajak Street for the purpose of doing cottage kitchen baking permit-no storefront. Made to order baked goods & for sale@ Farmers markets/retail residential kitchen permit. Applicant: Patricia Cataldo, 34 Pajak Street, Chicopee, MA 01013. --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 roll call vote of 10 yes, 1 out of chair. Councilor Roy out of chair. Councilors Wagner and Zygarowski absent. 34 An application for a NEW Junk Dealer's License at: 81 Center Street. Applied for by: Millie Onn Moore. Name and address of Petitioner: Michelle Johnson, 42 Second Street, Springfield, MA 01104. --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 roll call vote of 10 yes, 1 out of chair. Councilor Roy out of chair. Councilors Wagner and Zygarowski absent. 35 An application for a NEW Class II License for: JP Auto Repair and Sales at 401 Hampden Street. Applicant: Garnett Dunkelly, 578 Springfield Street, 1st Floor, Chicopee, MA. --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 roll call vote of 10 yes, 1 out of chair. Councilor Roy out of chair. Councilors Wagner and Zygarowski absent. 36 An application for a NEW Auto Repair License for: JP Auto Repair and Sales at 401 Hampden Street. Applicant: Garnett Dunkelly, 578 Springfield Street, 1st Floor, Chicopee, MA. --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. Councilors Wagner and Zygarowski absent. Councilor's Announcements Adjournment: Motion made by Councilor Shumsky to adjourn at 9:14. Motion passed by a unanimous roll call vote. Councilors Wagner and Zygarowski absent. ATTEST: Keith W. Rattell, City Clerk