City Council

Minutes from the City Council Meeting on Tuesday March 4, 2025, at 6:30 pm in the Auditorium are as follows: Laflamme, Frank N., President At-Large Councilor Present Roy, Gerard (Jerry) A. At-Large Councilor Absent Wagner, Timothy Joseph At-Large Councilor Present via Zoom Zygarowski, Robert J. At-Large Councilor Present Arriaga, Abigail Ward 1 Councilor Absent 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, former teen center of the Boys & Girls Club. Will be leased for $1 per year. C-3 unit is very excited, will have two active substations. Chief Major stated C-3 does a lot in that area. Also can be used for the Situation Table. Will have association with CHD clinicians. Councilor Pniak-Costello stated thank you so much. Very professional meetings with the C-3 unit. On MO-2 paralegal retired, thank Chantal for the years of service. Wish her the best, contractual buy back. On MO-3, self-insured, medical bills for first responders. On MO-4, self- explanatory. Councilor Balakier asked that a letter of thanks be sent. On MO-5 thru MO-8 breakfast and lunch donation for two day training. Thank Councilor Courchesne for brining the Situation Table to Chicopee. Went very well. Thank all the donators for their generosity. Thank Dunkin for two days of breakfast. On MO-9, has been very engaged in many committees in the city. On MO-10, had the opportunity to meet the applicant, impressive resume. Councilor Shumsky stated thank you for serving, it’s how I got my start, hope you have the same experience. Councilor Pniak-Costello stated began on the Planning Board, feel free if you have any questions, served for 17 years. On MO-11, very similar, impressive resume, thank you, can bring new perspective. On MO-12, does a tremendous job. Club is doing very well. Letting you all know there will be a special meeting on Monday, critical orders that didn’t make the agenda. Get the ball rolling. Public Input—Sandra Peret, 54 Bonneville Avenue, re: the Zoning Committee meeting, thank you to everyone that participated for the third time. Respecting the process. Rich Maynard, 35 Bridge Street, Belchertown, recognize all of the Planning Department experience. Represent Chuck Swider, three times this has gone back to Zoning Committee. Specific by-law in place for this operation. Meets all the requirements. Applicant and owner went back and changed the parking. It is compliant, two to three times in excess. Taxpayer in the city. Viable property suitable for 40 something years. Police has had no concerns, Fire has no concerns, suitable productive business. Lisa Bienvenue, 34 Everett Street, at the Zoning Committee last night. Think it’s not about stopping business, it’s about stopping questions. Voting with the Mayors Order about the law suit. You can’t ask any questions, but time is of the essence. Council should find out what happened. Council should not cow-tow to the city solicitor. Fiduciary responsibility to the citizens of Chicopee. Should have had an executive session. Why are we bothering you. Jeremy Procon, 283 Somers Road, Hampden. Facts, failed to mention business has been operating for over two years without a special permit. Special Permit was designed about 15 years ago. Do you want it on your conscience, a small postage stamp property. Neighbors don’t want to see it. There are some yes votes tonight, the rest can vote with common sense. Julie Le’Hereux, 58 Carew Street, some assets in the city aren’t being used such as the skating rink on Brooks Field. Wasn’t done this year. Need to take assets and make them what they need to be. Mary Beth Costello, 66 Voss Avenue, commend the police, especially in modernization of technology. All departments should be following their lead. Government has to be more efficient. Budget cuts, city vehicles, who uses them. Who is allowed to use them. If there are any questions in regard to anything we should go into executive session. Sue Nimchick, 362 James Street, public insight you cannot buy that. Not for sale. Half times witness you just vote yes. Avoid discussion, here to share the very best. Here is someone with experience to give insight. Special Permit have seen for decades violations. Every chief knows it still occurs today. Violations are ignored today, still violating. No follow-up. About human nature. Will be busy, operating in Belchertown, want more business. --Motion made by Councilor Labrie to close public input. Motion passed by a unanimous roll call vote. Councilors Roy & Arriaga absent. Communications --none Minutes --Motion made by Councilor Shumsky the minutes of the 2/4/25 City Council Meeting, & 2/18/25 City Council Meeting be approved. Motion passed by a unanimous roll call vote. Councilors Roy & Arriaga absent. MO-1 Be it Ordered that the Mayor be authorized to lease certain real estate located at 664 Meadow Street as described in the attached draft lease for the purposes of operating a community policing substation for the C3 unit of the Chicopee Police Department. --Motion made by Councilor Brooks to receive and pass. Councilor Brooks stated lease for the former teen center at the Boys & Girls Club for the C-3 substation in Willimansett. Motion passed through all stages by a unanimous roll call vote. Councilors Roy & Arriaga absent. MO-2 Mayor’s appropriation of Twenty eight thousand nine hundred seventy two and 52/100 dollars ($28,972.52) to the following named Law Department Salary Accounts: Paralegal $ 7,470.40 Sick Buy Back 21,502.12 Total $28,972.52 From available funds in the undesignated fund balance “Free Cash” account. --Motion made by Councilor Goff to receive and pass. Councilor Goff stated contractual buyback for retirement. Councilor Pniak-Costello stated thank her for her service. Extremely professional, very helpful. Councilor Krampits stated very helpful, been there a long time. Councilor  Courchesne stated shoes will be hard to fill. Motion passed through all stages by a unanimous roll call vote. Councilors Roy & Arriaga absent. MO-3 Mayor’s appropriation of Seventeen thousand one hundred five and 90/100 dollars ($17,105.90) to the following named account: Human Resources Special Account for Indemnifications of Police & Fire from available funds in the undesignated fund balance “Free Cash” account. --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. Councilors Roy & Arriaga absent. MO-4 Ordered that the City Council accept the donation in the amount of Twenty five and 00/100 dollars ($25.00) from Michael Coscore in memory of John E. Dowd to the Chicopee Public Library. Said donation is accepted in accordance with M.G.L. Chapter 44 Section 53A. --Motion made by Councilor Shumsky to receive, pass and the donation accepted. Councilor Shumsky stated donation to the Library. Motion passed through all stages by a unanimous roll call vote. Councilors Roy & Arriaga absent. MO-5 Ordered that the City Council accept the in-kind donation with a value of Four hundred eight and 75/100 dollars ($408.75) from 99 Restaurants #30108 to the City of Chicopee. Said donation is for the situation table training on February 20, 2025 for the Chicopee Police Department and it is accepted in accordance with M.G.L. Chapter 44 Section 53A ½. --Motion made by Councilor Balakier to receive, pass and the donation accepted. Councilor Balakier stated situation training by Police Department, in kind donations of food. Motion passed through all stages by a unanimous roll call vote. Councilors Roy & Arriaga absent. MO-6 Ordered that the City Council accept the in-kind donation with a value of Three hundred ninety one and 42/100 dollars ($391.42) from Wing Stop/#2632 to the City of Chicopee. Said donation is for the situation table training on February 19, 2025 for the Chicopee Police Department and it is accepted in accordance with M.G.L. Chapter 44 Section 53A ½. --Motion made by Councilor Zygarowski to receive, pass and the donation accepted. Councilor Zygarowski stated from Wing Stop for the situation table training. Motion passed through all stages by a unanimous roll call vote. Councilors Roy & Arriaga absent. MO-7 Ordered that the City Council accept the in-kind donation with a value of One hundred eight and 93/100 dollars ($108.93) from Dunkin Donuts 820 Memorial Drive to the City of Chicopee. Said donation is for the situation table training on February 19, 2025 for the Chicopee Police Department and it is accepted in accordance with M.G.L. Chapter 44 Section 53A ½.  --Motion made by Councilor Labrie to receive, pass and the donation accepted. Councilor Labrie stated from Dunkin, in kind for the situation table. Motion passed through all stages by a unanimous roll call vote. Councilors Roy & Arriaga absent. MO-8 Ordered that the City Council accept the in-kind donation with a value of One hundred eight and 93/100 dollars ($108.93) from Dunkin Donuts 820 Memorial Drive to the City of Chicopee. Said donation is for the situation table training on February 20, 2025 for the Chicopee Police Department and it is accepted in accordance with M.G.L. Chapter 44 Section 53A ½. --Motion made by Councilor Wagner to receive, pass and the donation accepted. Councilor Wagner stated self-explanatory. Motion passed through all stages by a unanimous roll call vote. Councilors Roy & Arriaga absent. MO-9 To the City Council You are hereby notified that I have this day appointed Ray Hoess-Brooks, 384 Springfield Street, Chicopee, Massachusetts as a member of the Cultural Council to serve in such office for the term of three years expiring on the 1st of March, 2028. *New appointment --Motion made by Councilor Krampits to receive and refer to the Human Resources Committee. Councilor Krampits stated any new appointments usually go to Human Resources. Councilor Labrie stated he’s on a couple of committees already, just new to this committee. --Motion made by Councilor Labrie to suspend Rule #37. Motion passed by a unanimous roll call vote. Councilors Roy & Arriaga absent. --Motion made by Councilor Krampits to approve this evening. Motion to approve passed by a unanimous roll call vote. Councilors Roy & Arriaga absent. MO-10 To the City Council You are hereby notified that I have this day appointed Andrew Desrochers, 13 Searles Street, Chicopee, Massachusetts 01020 as a member of the Planning Board to serve until the first of April 2030. To which appointment I ask the confirmation of your honorable Council. *New appointment --Motion made by Councilor Pniak-Costello to receive and refer to the Human Resources Committee. Councilor Pniak-Costello stated new appointment, self-explanatory. Motion to refer passed by a unanimous roll call vote. Councilors Roy & Arriaga absent. MO-11 To the City Council You are hereby notified that I have this day appointed John Paquette Jr., 283 Mandalay Rd., Chicopee, Massachusetts 01020 as a member of the Planning Board to serve until the first of April 2030. To which appointment I ask the confirmation of your honorable Council. *New appointment --Motion made by Councilor Brooks to receive and refer to the Human Resources Committee. Councilor Brooks stated self-explanatory. Motion to refer passed by a unanimous roll call vote. Councilors Roy & Arriaga absent. MO-12 to the City Council You are hereby notified that I have this day appointed, Michael O’Neill, 26 Savory Drive, Chicopee Massachusetts as Director of Golf to serve in such office for the term of 3 years beginning on March 1, 2025. To which appointment I ask the confirmation of your honorable council. *Re-appointment --Motion made by Councilor Goff to receive, pass and approved this evening. Councilor Goff stated reappointment. Motion passed by a unanimous roll call vote. Councilors Roy & Arriaga absent. 13 A Zoning Committee report: Special Permit application under Chapter 275-58 (C 7) for the purpose of operating a towing and storage business located at 78 West St., Applicant – Cruise Control Transportation, Inc., Joshua Roy, President, 210 Charlton Rd., Sturbridge, MA 01566. --Motion made by Councilor Balakier to receive and the Special Permit approved with restrictions. Councilor Balakier stated had this before the committee a couple times. Unusual, generally doesn’t go this many rounds. Second time was looking for more specific site plans. Plot has two businesses. Make sure there is designated parking. Applicant went through a dedicated site plan. Regulations require at least 10 spaces. Parking was a concern, is a busy street. Previous business was there for over 40 years. Trying to be mindful ward chair has concerns about parking. Captain from the Police Department had no issues. Read the restrictions. Councilor Brooks stated wasn’t able to make the meeting, have significant concerns with parking. Seen tow truck parked on West Street. Councilor Labrie stated this is a Special Permit can be called in if they don’t follow the rules. Councilor Wagner stated will be in front of this tonight. No calls or emails. Parking is a larger concern, people didn’t have as many cars before. Streets weren’t designed for that. Business has been nothing but a benefit to the city. Councilor Courchesne asked can you explain what the resident concerns were? Councilor Balakier stated owner of one of the multi-family buildings said his residents were concerned about parking. Have over 1100 streets. Thought about restricting parking, didn’t want to cause a hardship. Reached out to the  traffic bureau. Didn’t have problems, during the snow was the only time. Councilor Brooks stated just so we are clear, did you mention he was set up for a couple of years there? The person was in business for years already. Councilor Balakier stated Mr. Swider was in business for 42 years. He has retired, business slowed down. People had understanding how business worked. Councilor Brooks stated want to know if the business is operating. Councilor Balakier stated Special Permit, if there are problems. Had a discussion with applicant about not tying up the streets. Will call back if problems are granted. Tried to drive through there, haven’t seen issues. Councilor Wagner stated like to say even in the time on the council this council has always been willing to grant a special permit, self-storage in ward 8, additional storage on the property. Councilor Pniak-Costello stated in listening to the comments, are concerned with local ward councilor. No one knows the ward like the ward councilor. Have to take into consideration comments by the ward councilor. Councilor Zygarowski stated received one phone call about the parking situation. Concerned about parking by the water department. Three meetings no complaints. Captain Lambert said no issues. People don’t want to park there. More plusses than minuses. Business is reputable. If we have complaints we will call them in. No reason why it shouldn’t be granted tonight. Need economic development. In favor. Councilor Courchesne stated is there on street parking for the business. Councilor Balakier stated not parking on the street, designated parking spots for Auto Body/Towing. Councilor Pniak-Costello stated appreciate what Councilor Zygarowski is saying, business has to be developed in Chicopee. --Motion made by Councilor Wagner to suspend the rules to allow Councilor Brooks to speak for a third time. Motion passed by a roll call vote of 10 yes, 1 abstained. Councilor Shumsky abstained. Councilors Roy & Arriaga absent. Councilor Brooks stated what has been operating there for the last two years. We are talking about the most depressed area of Chicopee. Have a hard time pulling out of Dunkin at 6:45. Cars on both sides. Got over 25 calls saying people don’t want this business. Residents in ward 2 don’t want this. Motion defeated by a roll call vote of 6 yes, 3 no, 2 abstained. Councilors Brooks, Courchesne, & Pniak-Costello voting no. Councilors Laflamme & Shumsky abstained. Councilors Roy & Arriaga absent. 14 Be it Ordered that a letter be sent to our State Delegation supporting the request from about 20 lawmakers including State Senator Jake Oliveira to have State Utility Regulators investigate skyrocketing energy costs. The rising costs include costs from Eversource. --Motion made by Councilor Pniak-Costello to receive and a letter sent. Councilor Pniak-Costello stated presented tremendous anxiety in the rise of energy costs with Eversource. Mayor of West Springfield did a proclamation, send a letter to assist the residents. As a family our rates went up. Help in the endeavor. Councilor Goff stated support this, show Chicopee is in support of the finding out about the rate hike. Cost of heat is astronomical. --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 Roy & Arriaga absent. Councilor Laflamme stated not that I disagree, they worked Eversource has this process. Would like to just send a letter of support. Councilor Pniak-Costello stated appreciate, has taken some corrective action. Councilor Courchesne stated its about $15 per month, support helping those that can’t help themselves. Motion passed by a unanimous roll call vote. Councilors Roy & Arriaga absent. 15 Be it Ordered that all subcommittees be televised to allow the public to view the meetings. --Motion made by Councilor Pniak-Costello to receive & discussed and refer to the Communications Committee. Councilor Pniak-Costello stated really enjoy meetings, many residents asked why we don’t do subcommittees. You are popular. Wonderful night of TV. Councilor Shumsky stated happy to hear we have fans. Do we also need to send this to Finance. Councilor Courchesne stated did you speak to Chicopee TV to see if they can do this? Councilor Zygarowski stated there are also three ladies on the council. Councilor Wagner stated if IT can use this sophisticated set up in city hall. Motion to refer passed by a unanimous roll call vote. Councilors Roy & Arriaga absent. 16 Be it Ordained by the City Council that the Code of the City of Chicopee for the Year 1991, as amended, be and is hereby further amended as follows: Chapter 16. Commissions, Committees, Councils and Authorities Article XXII. Claims and Accounts Committee 16-96 Membership; powers and duties B Delete $300 And insert in place thereof $600 To read: Said Committee shall investigate all claims which may be presented against the City for personal property alleged to have been received upon highways or from any cause and may, after consultation with the City Solicitor, settle and adjust any such claim to an amount not exceeding - $600 - - and may take such steps as may be deemed best for the defense of the City in all suits at law. In order to make such claims, however, a person must make the claim within 30 days of said incident on the form to be provided by the City Auditor. Any such claim must include a bill, paid or unpaid, or an estimate of the bill. At the Committee's discretion it may require the presence of the claimant at the hearing. The Committee shall, after making its decision, cause the claimant to be notified of its decision in writing. --Motion made by Councilor Wagner to receive, 1st reading and refer to the Ordinance Committee. Councilor Wagner stated couple times the claims and accounts just under $600 or just over $300. Complaints about conditions of roads. Not amended since 1999. Councilor Pniak-Costello stated am the chair and agree. Support the discussion. Motion to refer passed by a unanimous roll call vote. Councilors Roy & Arriaga absent. 17 Be it Ordained by the City Council that the Code of the City of Chicopee for the Year 1991, as amended, be and is hereby further amended as follows: Delete Sections F and G of Chapter 188-7 Junk Collectors‘ and pawnshop licenses And Insert in Place Thereof Chapter 188-7 Junk Collectors’ and pawnshop licenses Sections F, G, H, I, J, K F. Every keeper of a shop for the purchase, sale or barter of junk, old metal or secondhand articles and every pawnbroker within the limits of this City shall keep an electronic record in which shall be documented, at the time of every purchase or upon the receipt of any article, a description thereof, which shall include, but shall not be limited to, all distinguishing marks, etchings, engravings, model names, model numbers and serial numbers, the full name (first and last), date of birth, license or state/government ID number and residence of the person from whom, and the day and hour when, such purchase or receipt was made, and such electronic record shall at all times be open to the inspection of officers of the Chicopee Police Department and of any person authorized to make such inspection. G. The license holder shall photograph any and all items pawned, sold, pledged, or otherwise deposited with the license holder. The required photo shall be clear and of such quality that the item(s) shall be clearly identified. The photographs shall be stored in a digitized format and the image must be retrievable and a clear copy provided to police upon request. The above-described photos shall be maintained by the license holder for a minimum of three years. H. Every license holder shall allow a representative of the New England State Police Information Network (NESPIN) to enter his shop and install the software necessary on the shopkeeper's computing device to allow the shopkeeper to electronically transmit a record of his/her transactions. Within the first hour of every business day, every shopkeeper shall transmit a record of his/her transactions from the prior day. The record transmitted must include the information included in sections F and G of this section. I. The license holder shall accurately describe all items pawned, sold, or pledged with the license holder. This description shall include, but shall not be limited to, all distinguishing marks, etchings, engravings, model names, model numbers and serial numbers. Any jewelry with an affiliation to any institution or organization shall include the name of said institution or organization, year, and inscribed initials, if any. Any and all descriptions of items of jewelry shall include the material, size (if applicable), weight, length, shape, and color. Descriptions of coins, stamps, collectible cards, autographed items, figurines, or other collectible of any description shall include any identifying features such as the name of the items, date, denomination, color, size, brand name, vintage or image represented. All items pledged, sold, or pawned with the license holder must remain intact (i.e., precious stones in jewelry or data on electronic devices) until such time that they may legally change ownership. J. The license holder shall photograph the customer making the transaction with the license holder, along with a photograph of the required customer license or state- /government-issued ID. The required photographs shall be clear and of such quality that the customer and required license or state-/government-issued ID is clearly identifiable. This information shall be maintained according to section H. K. Dealers in secondhand books, clothing and furniture exempt. Persons who do not buy or sell secondhand articles except books, clothing or furniture shall be exempt from the provisions of section J.*  --Motion made by Councilor Krampits to receive, 1st reading and refer to the Ordinance Committee. Councilor Krampits stated request of the Police Department. Update for junk collectors and pawn shops. Motion to refer passed by a unanimous roll call vote. Councilors Roy & Arriaga absent. 18 BE IT ORDERED THAT All State Auto Max dba Best Car Best Deal, 400 East Main Street D, be called before the City of Chicopee License Committee and City Council to discuss the license (s) currently held by All State Auto Max dba Best Car Best Deal, including compliance with restrictions imposed upon any licenses held by All State Auto Max dba Best Car Best Deal. The Council may modify, suspend, fine, or revoke any license held by All State Auto Max dba Best Car Best Deal. Violations – 1. Exceeding number of cars 2. Not following parking plan. --Motion made by Councilor Krampits to receive and refer to the License Committee. Councilor Krampits stated take up in committee. Motion to refer passed by a unanimous roll call vote. Councilors Roy & Arriaga absent. 19 A proposed Ordinance adding to Chapter 260, Parking Regulations, Beaudry Avenue, South side of Beaudry Avenue traveling east at 55 Beaudry Avenue, Parking Prohibited. --Motion made by Councilor Pniak-Costello to receive, 1st reading and refer to the Ordinance Committee. Councilor Pniak-Costello stated resident request. Motion to refer passed by a unanimous roll call vote. Councilors Roy & Arriaga absent. 20 Petition for Joint or Identical Pole Location by Verizon New England Inc. Request permission to locate poles, wires, cables and fixtures including the necessary anchors, guys and other such sustaining and protecting fixtures to be owned and used in common by your petitioners, along and across the following public way or ways: Plainfield Street: Place one pole numbered Pole T.4X on the northerly side of Plainfield Street at a point approximately three hundred twenty-four (324) feet westerly from the centerline of Center Street. The new pole will also be located thirty-eight (38) feet northly from existing T.4/E.4. Applicant: Verizon New England Inc., Albert Bessette, Jr. Manager-Right of Way. --Motion made by Councilor Goff to receive and refer to the Utilities Committee. Councilor Goff stated to add a pole. Motion to refer passed by a unanimous roll call vote. Councilors Roy & Arriaga absent. 21 An application for a NEW Special Permit under Section 275-62.B.25 of the Municipal Zoning Ordinance for the purpose of constructing a self-storage facility with associated office space in an Industrial District. Location of Property: Shawinigan Drive. Map & Parcel ID: 0187-0001B. Applied for by: Patriot Holdings, LLC, 4007 Dean Martin Drive, Las Vegas, NV 89103.  --Motion made by Councilor Balakier to receive and refer to the Zoning, Planning, Building, and Engineering Departments. Councilor Balakier stated take up in committee. Motion to refer passed by a unanimous roll call vote. Councilors Roy & Arriaga absent. 22 An application for a NEW Junk Dealers License at: 29 Grove Street, applied for by: Budget Thrift Store. For buying and selling used items. Applicant: Donald Trottier, 26 Gelinas Drive, Chicopee, MA 01020. --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 Roy & Arriaga absent. 23 2025 Auto Repair Renewal Monro Muffler & Brake, Inc. 461 Memorial Drive --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 Roy & Arriaga absent. Councilor’s Announcements Adjournment:--Motion made by Councilor Shumsky to adjourn at 8:06. Motion passed by a unanimous roll call vote. Councilors Roy & Arriaga absent. ATTEST: Keith W. Rattell, City Clerk