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City Council

Regular Meeting

Chicopee, MA · April 1, 2025

AgendaMinutes

Minutes

, I ,._, , . Minutes from the City Council Meeting on Tuesday April 1, 2025, at 6:30 pm in the Auditorium are as follows: i '-..:. ) .i r, . ,· I '· l I' .@ L•I Laflamme, Frank N., President At-Large Councilor Pres~ent: ., . "-· Roy, Gerard (Jerry) A. Wagner, Timothy Joseph At-Large Councilor At-Large Councilor Prese~ -; - Presentivia Zoom feft @ 7:44 ,- Il I Zygarowski, Robert J. At-Large Councilor Absent Arriaga, Abigail Ward 1 Councilor Present Brooks, Shane D. Ward 2 Councilor Present 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, Mayor stated Carissa Lisee chair of the commission is here, challenges at the current site. Conservation land, the designer and project manager are looking at other possibilities. Szetela School site is under consideration. Analyze the site cost. Carissa Lisee stated in favor of the feasibility study. Article 97 challenges and committee reviewed the site. Szetela is the desired site. Study the new site and check on renovation of current Szetela building. Three options, Garity Grove site, 2nd option is new building at Szetela site behind current school, 3 rd option combine Barry and Szetela. City needs to meet MSBA constraints. We could potentially lose reimbursements. Could lead to increased costs. Mayor stated will not impact overall timeline of the project. The land is forcing us to look at other options. Councilor Wagner asked have we considered working with the state delegation to use the existing site? Mayor stated significant site, Article 97 wetlands, soil, conservation issues. Find out how much developable land. Lee Pouliot stated what the Conservation Commission will hear is the wetlands lines. Regardless of the project, need to replace land with new land per Article 97. Councilor Pniak-Costello thanked the Mayor for this, been a topic of conversation on the School Committee for many years. On MO-2, Mayor stated receiving a grant that requires a match. Don't want a washout on Front Street. Has happened before. More volume to run below the roadway. Councilor Balakier did a quick tour. Initial grant from DER, likely to receive subsequent awards. Councilor Balakier stated thank you for the Cliff Notes, how long for Phase 2 to take place? Lee stated the proposal was to get us through the concept and schematic design. Development phase is 1 ½ to 2 years. Complicated. Want to be proactive. Councilor Balakier asked how long is the whole project? On MO-3, Mayor stated moving forward with reestablishing recreation area moving toward Front Street. Lee Pouliot stated brook goes across Front Street under CEL. Front Street culvert is undersized. On MO-4 Mayor stated prior year bill for the charging stations at the COA. On MO-5 Mayor stated part of three roundabouts. Granby Road/McKinstry compliance through MASSDOT. Liz Batista stated to comply with the right of way. Councilor Roy asked are we taking anything from CVS? Liz stated small piece, won't affect the drive-thru. On MO-6, Mayor stated to fix a floor crack at headquarters. Cost of repair estimate. Dave Rice stated in order to get the professional cost estimate done need to do this. Scaffolding in place, repair bay. Chief said one thing we could wait on . Get protection and get the cost estimate done. Councilor Labrie asked just to shore up the underside and get a cost estimate. Councilor Laflamme stated will send to Finance Committee. There is scaffolding will be spending more money. On MO-7, Mayor stated need for postage money. To get through the end of the year. On MO-8, Mayor stated self-insured, medical bills for first responders. On MO-10, former member excited to come back. Councilor Pniak-Costello stated very active, 30-40 years doing school plays each year. On-MO-11, self-explanatory, Mayor's order to fly flags at half-staff. On MO-12, Mayor stated following a sub-division acceptance. Mayor stated news of Bob Zygarowski's passing hit hard. Touched the lives of hundreds if not thousands, was a good friend, true champion of the city. First K-9 officer, first DARE officer, 2nd time as VP of the Council Rest in Peace Officer Bob. Left lasting legacy, made a lasting impact on many and on the community. Devoted family man & friend. Always put a smile on every face he met. Spent a lot of time with him. Was able to attend his 80 th birthday party. May we carry on his legacy "if you see something, say something." Public Input- Lisa Bienvenue, 34 Everett Street, Bob had a wonderful life. May he be reunited with his wife. Scaffolding at the Fire Department, during the special meeting talked about boarding up Cabotville. Councilor Shumsky talked about the chlorine fire in Springfield. 300,000 gallons of chlorine, fire had to do with community, had the right to know. Was an occupied building. One chemical was used. Windows damaged, reacted with water. Clarify what that was. Price of trash trucks is $300,000 to $400,000 each. Sue Nimchick, 362 James Street, yesterday was the last day of March. Meeting was not broadcast due to technical difficulties. Zoning Committee meeting during the meeting called out not proper procedure. Sometimes a shortcut can seep into committees and into the council. Arm went up, not best of fact, not best of truth, vital about the process and procedures. Sound bite of being politicized person opposing an election was grandstanding. Questions and answers. Basic. C-1 none Minutes 3/10/25 Special City Council Meeting, 3/18/25 City Council Meeting --Motion made by Councilor Shumsky the minutes of the 3/10/25 Special City Council Meeting & the 3/18/25 City Council Meeting be approved. Motion passed by a unanimous roll call vote. Councilor Zygarowski absent. MO-1 Mayor's appropriation of Three hundred eighty thousand and 00/100 dollars to the following named account: School Special Account for Feasibility Study for Barry School from available funds in the Undesignated Fund Balance "Free Cash" account. --Motion made by Councilor Brooks to receive and pass. Councilor Brooks stated some feasibility issues with the current desired location. Article 97 challenges. Looking at another site at Szetela. Exploratory stages. Keep on the seven-year timeline. Motion passed through all stages by a unanimous roll call vote. Councilor Zygarowski absent. MO-2 Ordered that the City Council accept the FY25 Priority Projects Program Advancement Grant in the amount of One hundred thousand and 00/100 dollars ($100,000.00) from the Massachusetts Division of Ecological Restorations to the City of Chicopee. Said grant will be used for Phase II of the Abbey Brook Revitalization Project and it is accepted in accordance with M.G.L. Chapter 44 Section 53A. --Motion made by Councilor Goff to receive and pass. Councilor Goff stated grant for Phase 2 of Abbey Brook. Motion passed through all stages by a roll call vote of 11 yes, 1 out of chair. Councilor Brooks out of chair. Councilor Zygarowski absent. MO-3 Mayor's appropriation of Three hundred sixty five thousand and 00/100 dollars to the following named account: Planning Special Account for Phase II Abbey Brook Revitalization from available funds in the Undesignated Fund Balance "Free Cash" account. --Motion made by Councilor Courchesne to receive and pass. Councilor Courchesne stated self- explanatory. Motion passed through all stages by a roll call vote of 11 yes, 1 out of chair. Councilor Brooks out of chair. Councilor Zygarowski absent. MO-4 Mayor's appropriation of Seven hundred ninety six and 00/100 dollars ($796.00) to the following named account: Planning Special Account for Special Services from available funds in the Undesignated Fund Balance "Free Cash" account. --Motion made by Councilor Shumsky to receive and pass. Motion passed through all stages by a unanimous roll call vote. Councilor Zygarowski absent. MO-5 Mayor's appropriation of Forty five thousand and 00/100 dollars ($45,000.00) to the following named account: D.P.W. Highway Special Account for Land Takings from available funds in the Undesignated Fund Balance "Free Cash" account. --Motion made by Councilor Bala kier to receive and pass. Councilor Balakier stated design and engineering for Granby Road, Montgomery Street, and Grattan Street rotary. Needed to help keep the project going. Motion passed through all stages by a unanimous roll call vote. Councilor Zygarowski absent. MO-6 Mayor's appropriation of Twenty six thousand four hundred seventy six and 00/100 dollars ($26,476.00) to the following named account: City Hall Maintenance Special Account for Fire HQ Apparatus Floor Repair from available funds in the Undesinated Fund Balance "Free Cash" account. --Motion made by Councilor Labrie to receive and refer to the Finance Committee. Councilor Labrie stated repairs needed before we can get a cost for fixing. Councilor Courchesne stated express confidence in Dave Rice. Motion to refer passed by a unanimous roll call vote. Councilor Zygarowski absent. MO-7 Mayor's appropriation of Twenty five thousand and 00/100 dollars ($25,000.00) to the following named account: Treasurer's Expense Account for Postage from available funds in the Undesignated Fund Balance "Free Cash" account. --Motion made by Councilor Roy to receive and pass. Councilor Roy stated additional funds for postage, estimate through June. Motion passed through all stages by a unanimous roll call vote. Councilor Zygarowski absent. MO-8 Mayor's appropriation of Ten thousand eight hundred ninety and 58/100 dollars ($10,890.58) 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 Wagner to receive and pass. Councilor Wagner stated self-insured for medical bills. Motion passed through all stages by a roll call vote of 11 yes, 1 out of chair. Councilor Roy out of chair. Councilor Zygarowski absent. MO-9 Ordered that the City Council accept the attached list of donations in the amount of One thousand four hundred seventy and 00/100 dollars ($1,470.00) to the Chicopee Public Library. Said donations are accepted in accordance with M.G.L. Chapter 44 Section 53A. --Motion made by Councilor Krampits to receive, pass and the donations accepted. Councilor Kram pits stated donations to support the library. Councilor Balakier stated letters of thanks sent to the donators. Motion passed through all stages by a roll call vote of 11 yes, 1 out of chair. Councilor Roy out of chair. Councilor Zgyarowski absent. MO-10 To the City Council You are hereby notified that I have this day appointed Debra Sutherland, 129 Ludlow Rd., Chicopee, Massachusetts as a member of the Cultural Council to serve in such office for the term of three years expiring on the 1st day of April, 2028. *New Appointment --Motion made by Councilor Pniak-Costello to receive and refer to the Human Resources Committee. --Motion made by Councilor Courchesne to suspend Rule #37 to approve this evening. Motion to suspend Rule #37 passed by a unanimous roll call vote. Councilor Zygarowski absent. --Motion made by Councilor Courchesne to approve this evening. Councilor Pniak-Costello stated to be on the Cultural Council. Councilor Courchesne stated served previously as president. Not new. Councilor Pniak-Costello stated more than qualified. Motion passed through all stages by a unanimous roll call vote. Councilor Zygarowski absent. MO-11 Be it Ordained by the City Council to delete in their entirety Chicopee Code: §88-3 Order of precedence. Outdoor flags will be flown at City facilities in the following order of precedence: first, the United States flag; second, the Commonwealth of Massachusetts flag; and third, the City of Chicopee flag. And §88-4 Special occasions of federal, state, and local proclamation A. Flags in front of City Hall shall be displayed in accordance with the above standards. However, the Mayor may order flags to be lowered to half-staff, including, but not limited to, flags of the United States of America and the Commonwealth of Massachusetts in honor of the death of a city employee killed in the line of duty, or in observance of a specific event or circumstance. B. Pursuant to proclamation of the Mayor, or resolution of the City Council, other flags may be flown by the City in place of the City of Chicopee flag. And replace with the new: §88-3 Order of precedence. A. Outdoor flags will be flown at City facilities in the following order of precedence: first, the United States flag; second, the Commonwealth of Massachusetts flag; and third, the City of Chicopee flag. B. The Mayor may order the US, Commonwealth, and City flag to be flown at half-staff in the City of Chicopee in accordance with the following: a. On Memorial Day the flag should be flown at half-staff from sunrise until noon only, then raised briskly to the top of the staff until sunset, in honor of the nation's battle heroes. b. The City shall comply with all directives from the President and Governor regarding the display of the US and Commonwealth flag to fly at half-staff to recognize the passing of a federal or state official or recognition of a tragedy. c. The flag should fly at half-staff from the day of death until sunset the day of internment at all City Buildings, Parks, Cemeteries, and facilities after the death of the Mayor, former Mayor, City Councilor, School Committee representative or Department Head. d. It should also be flown at half-staff on all city facilities in the City of Chicopee, from the day of death until internment for any public figure in the City who has brought recognition or honor upon the City of its residents and is requested by a majority of the City Councilors. The Mayor may order the flag to be flown at half-staff to mark the death of other officials, former officials, or foreign dignitaries. In addition to these occasions, the Mayor may order half-staff display of the flags upon the death of a City employee in the line of duty, or after other tragic events. e. The flag should be briskly run up to the top of the staff before being lowered slowly to the half-staff position. C. Pursuant to proclamation of the Mayor, or resolution of the City Council, other flags may be flown by the City in place of the City of Chicopee flag. §88-4 Special occasions of federal, state, and local proclamation D. Flags in front of City Hall shall be displayed in accordance with the above standards. However, the Mayor may order flags flown in the city to be lowered to half-staff, including, but not limited to, flags flown by proclamation, and any city department flags in honor of the death of a city employee killed in the line of duty, or in observance of a specific event or circumstance. E. Pursuant to proclamation of the Mayor, or resolution of the City Council, other flags may be flown by the City in place of the City of Chicopee flag. --Motion made by Councilor Arriaga to receive, 1st reading and refer to the Ordinance Committee. Councilor Arriaga stated to update verbiage to allow the Mayor to decide on lowering the flag. --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 came about when Councilor Zygarowski passed. Had to go through the state to be able to lower the flags. This is to change the ordinance. Motion to refer passed by a unanimous roll call vote. Councilor Zygarowski absent. MO-12 Be it Ordered that the Mayor be authorized to acquire and accept certain parcels of Real Estate currently owned by Waycon, Inc. and located in the neighborhood known as Stockbridge Estates as described in the attached draft deed for the purposes of controlling drainage infrastructure and roadways. Be it further ordered that Lenox Road and Stockbridge Street, also described in the deed, are hereby accepted as public ways in accordance with M.G.L. C. 82. --Motion made by Councilor Brooks to receive and pass. Councilor Brooks stated two new streets off Marten Street. New development. City can acquire streets to add to Chapter 90 funds. Motion passed through all stages by a unanimous roll call vote. Councilor Zygarowski absent. 13 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. 1. Office Elected by Voters at Large - Two Thousand or more voters may file with the board of registrars of voters an affidavit containing the name of the officer sought to be recalled and a statement of the grounds for recall. 2. Office Elected by Voters by Ward- Five hundred or more voters may file with the board of registrars of voters an affidavit containing the name of the officer sought to be recalled and a statement of the grounds for recall. The signatures on such affidavit shall contain the names only of voters in the ward from which the officer was elected. 3. At Large or by Ward - 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 25 percent of the registered voters of the Ward or the City, as is appropriate, 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 Ward or 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 Labrie to receive and approved. Councilor Wagner wanted a paragraph removed. --Motion made by Councilor Shumsky for a two minute recess. Motion passed by a roll call vote of 11 yes, 1 no. Councilor Wagner voting no. Councilor Zygarowski absent. --Motion made by Councilor Pniak-Costello to refer back to the Rules Committee. Councilor Labrie stated recall law been working on this for months now. Everyone seems to agree. Councilor Brooks stated been in the makings for years. President worked extremely hard to pass this comprehension policy. Good balance struck. Hopefully never have to be utilized. Councilor Shumsky asked what the concern with the order is. Councilor Wagner stated it is riddled with due process violations. Grand jury is basically a way to get someone. Presumption of innocence over a year of harassment online from uncle being arrested. Presumes guilt. No way anyone with these restrictions will serve don't like it. Three times this has been pointed out. Don't like the language. Will probably hire an attorney to have the words removed. Councilor Courchesne stated since we aren't allowed to attend sub-committees maybe getting away from the grand jury. Maybe the words were misconstrued. Councilor Wagner stated same concern is still there. Opposed under any and all circumstances; Councilor Brooks stated refer back and Councilor Wagner can send correspondence to the Rules Committee. Motion to refer back to the Rules Committee passed by a roll call vote of 10 yes, 2 no. Councilors Wagner and Pniak-Costello voting no. Councilor Zygarowski absent. 14 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 Labrie to receive and placed on file. Councilor Labrie stated self- explanatory. Motion passed by a unanimous roll call vote. Councilors Wagner and Zygarowski absent. 15 A favorable Zoning Committee report: Zone Change application from Residential A to Industrial for 7.5 ac/326, 700 SF of property located at 0 Burnett Road (Parcel ID 0238-00003) for the purpose of removing remnant residential A zoning within Eversource Powerline Easement to make zoning consistent with industrial zoning designations on abutting properties. Applicant: UFPT MA, LLC, 100 Hale Street, Newburyport, MA 01950. --Motion made by Councilor Balakier to receive and the Zone Change approved. Councilor Balakier stated brought forward to clean up spot zoning. Extend the parking lot for staff. Planning Board approved. Councilor Shumsky stated residents of ward 6, 99 ½% of the land can not be developed. Just for a parking lot. Motion passed through all stages by a unanimous roll call vote. Councilors Wagner and Zygarowski absent. 16 A favorable Human Resources Committee report: Mayoral appointment of John Paquette, Jr., as a member of the Planning Board to serve until the first of April 2030. --Motion made by Councilor Labrie to receive and the appointment approved this evening. Councilor Labrie stated applicant was highly qualified, good fit. Motion passed. Councilors Wagner and Zygarowski absent. 17 A favorable Human Resources Committee report: Mayoral appointment of Andrew Desrochers as a member of the Planning Board to serve until the first of April 2030. --Motion made by Councilor Labrie to receive and the appointment approved this evening. Councilor Labrie stated Andrew was very personable & knowledgeable. Motion passed. Councilors Wagner and Zygarowski absent. 18 A favorable Human Resources Committee report: Mayoral appointment of Lesa Brantley to the Cultural Council to serve in such office expiring on the first day of May 2028. --Motion made by Councilor Labrie to receive and the appointment approved this evening. Councilor Labrie stated showed interest to give back to the community. Motion passed. Councilors Wagner and Zygarowski absent. 19 A favorable Human Resources Committee report: Mayoral appointment of Yvette Toole 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. --Motion made by Councilor Labrie to receive and the appointment approved this evening. Councilor Labrie stated very knowledgeable, anxious to serve. Motion passed. Councilors Wagner and Zygarowski absent. 20 Be it Ordered that the Rules Committee meet to discuss the following Open Meeting Complaints 1. Filed by Lisa Bienvenue received on March 12, 2025 regarding MO#9 City Council meeting 2-18-2025 2. Filed by Lisa Bienvenue received on March 12, 2025 regarding Special City Council meeting agenda for 3-10-2025 3. Filed by Derek Dobosz received on March 12, 2025 regarding MO#4 Special City Council meeting 3-10-2025 --Motion made by Councilor Bala kier to receive and refer to the Rules Committee. Councilor Balakier stated take up in committee. Motion passed. Councilors Wagner and Zygarowski absent. 21 Be it Ordered that the following City Council meeting dates be changed: • Tuesday, September 16, 2025 to Thursday, September 18, 2025 - City Preliminary • Tuesday, November 4, 2025 to Thursday, November 6, 2025 - Election Day --Motion made by Councilor Balakier to receive and approved this evening. Councilor Bala kier stated election dates, need to change Council dates. Motion passed. Councilors Wagner and Zygarowski absent. 22 Be it Ordered that the Finance Committee meet for a hearing on non-profits and municipal services. This is in response to a new Holyoke Policy. --Motion made by Councilor Pniak-Costello to receive and refer to the Finance Committee. Councilor Pniak-Costello stated Holyoke passed a non-profit to help pay for municipal services. Not a tax. Not a negative comment from voe. Mr. Huntley indicated need to have healthy vibrant communities that he serves. Councilor Laflamme stated will vote no to send to Finance. City of Holyoke will seek, voluntary pilot. City will seek a volunteer. Don't know who will run this, won't know the difference until the middle of the year. There are 595 parcels, 379 between the city, electric light, diocese, WMDC. Spoke to the assessors to look at the program. Some things don't apply to us. Boys club relies on fund raisers, Lorraine's Soup Kitchen, Veteran's club. Can't force them, don't want this to sit in Finance for 6 months. People are nervous, money is being cut. Not like Holyoke. Councilor Shumsky stated hit it out of the park, talked to people about this, families and kids get free meals. Asking a non-profit to give to x or y account. Will not support. Councilor Brooks stated been working in non-profits for 35 years. If you call this anything but a tax it's not true. Run residential group homes. Parcels for a better quality of life. Tax SSDI? Other side lost on Holyoke. Rent properties not sliding by without paying taxes, rentals or long term leases. Fallacy that non-profits are bilking the taxpayers. Not a discussion you should enter into. Councilor Courchesne asked did you do your research? We already do this. Councilor Arriaga stated does work for a non-profit in the city, talked to people who already do this. Councilor Pniak-Costello stated appreciate comments, looked at by Holyoke and Springfield. Constituents discussed with her. As a social worker for almost 40 years have a discussion. Hearing what people have to say. Understand the sentiments of other councilors. Appreciate the input. Councilor Laflamme stated payment in lieu of taxes, would have to hit committee, brought assessors in. Would take 3-6 months to get research done. --Motion made by Councilor Pniak-Costello to withdraw. Motion passed by a roll call vote of 10 yes, 1 abstained. Councilor Arriaga abstained. Councilors Wagner and Zygarowski absent. 23 A proposed ordinance adding to Chapter 260, Isolated Stop Signs, Old James Street, Traveling west - Intersection of Old James Street and Syrek, Isolated Stop Sign. --Motion made by Councilor Pniak-Costello to receive, 1st reading and refer to the Ordiannce Committee. Councilor Pniak-Costello stated self-explanatory. Motion to refer passed. Councilors Wagner and Zygarowski absent. 24 An application for a NEW Home Occupation License at 29 Dorrance Street for the purpose of doing build footings and concrete walls. Applicant: Mykola Nikulin, 29 Dorrance Street, 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. Councilors Wagner and Zygarowski absent. 25-27 2025-Junk Dealer's License Renewals Furnari Jewelers Anthony Furnari 1189 Memorial Drive AJW Realty, LLC Anthony Furnari 766 Memorial Drive Hollister Jewelry & Coins Archie Moe 1260 Memorial Drive --Motion made by Councilor Brooks to receive and approved with restrictions. Councilor Brooks stated any concerns. Motion passed. Councilors Wagner and Zygarowski absent. 28-30 2025 -Home Occupation License Renewals Jane's Boutique Jane Gwozdzik 105 Tolpa Circle Janina Mijal 79-81 Towne Street Marissa Lalchandani 413 East Main Street --Motion made by Councilor Brooks to receive and approved with restrictions. Councilor Brooks stated any concerns. Motion passed. Councilors Wagner and Zygarowski absent. Councilor's Announcements Adjournment: Motion made by Councilor Balakier to adjourn at 8:28. Motion passed. Councilors Wagner and 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 Meeting will be held at 6:30 PM on Tuesday,April1,2025 The location of the meeting will be Auditorium, 3rd floor, City Hall & via Zoom Fu II description of location 274 Front Street, 3rd floor, Chicopee, MA 01013 & via Zoom Join Zoom Meeting https://us02web.zoom.us/j/87288309720?pwd=pkQ4yfWB3JBXW99hN5Lg5putl3anJp.1 Meeting ID: 872 8830 9720 Passcode: 418997 If you have questions, call the City Council Office at {413) 594-1435 The purpose of the meeting See attached agenda Date and Time Received by Date and Time Posted by the City Clerk's Office the City Clerk's Office (electronic stamp) (electronic stamp) Bo :z1d Bz t 1/:·1 ~zoz Revised 8/ 11/17 The City of Chicopee City Council meeting will be held on April 1, 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 Communication: Minutes 3/10/25 Special City Council Meeting, 3/18/25 City Council Meeting M0-1 Mayor's appropriation of Three hundred eighty thousand and 00/100 dollars to the following named account: School Special Account for Feasibility Study for Barry School from available funds in the Undesignated Fund Balance "Free Cash" account. M0-2 Ordered that the City Council accept the FY25 Priority Projects Program Advancement Grant in the amount of One hundred thousand and 00/100 dollars ($100,000.00) from the Massachusetts Division of Ecological Restorations to the City of Chicopee. Said grant will be used for Phase II of the Abbey Brook Revitalization Project and it is accepted in accordance with M.G.L. Chapter 44 Section 53A. M0-3 Mayor's appropriation of Three hundred sixty five thousand and 00/100 dollars to the following named account: Planning Special Account for Phase II Abbey Brook Revitalization from available funds in the Undesignated Fund Balance "Free Cash" account. M0-4 Mayor's appropriation of Seven hundred ninety six and 00/100 dollars ($796.00) to the following named account: Planning Special Account for Special Services from available funds in the Undesignated Fund Balance "Free Cash" account. M0-5 Mayor's appropriation of Forty five thousand and 00/100 dollars ($45,000.00) to the following named account: D.P.W. Highway Special Account for Land Takings from available funds in the Undesignated Fund Balance "Free Cash" account. M0-6 Mayor's appropriation of Twenty six thousand four hundred seventy six and 00/100 dollars ($26,476.00) to the following named account: City Hall Maintenance Special Account for Fire HQ Apparatus Floor Repair from available funds in the Undesinated Fund Balance "Free Cash" account. M0-7. Mayor's appropriation of Twenty five thousand and 00/100 dollars ($25,000.00) to the following named account: Treasurer's Expense Account for Postage from available funds in the Undesignated Fund Balance "Free Cash" account. M0-8 Mayor's appropriation of Ten thousand eight hundred ninety and 58/100 dollars {$10,890.58) 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. MO-9 Ordered that the City Council accept the attached list of donations in the amount of One thou·sand four hundred seventy and 00/100 dollars ($1,470.00) to the Chicopee Public Library. Said donations are accepted in accordance with M.G.L. Chapter 44 Section 53A. MO-10 To the City Council You are hereby notified that I have this day appointed Debra Sutherland, 129 Ludlow Rd., Chicopee, Massachusetts as a member of the Cultural Council to serve in such office for the term of three years expiring on the 1st day of April, 2028. *New Appointment MO-11 Be it Ordained by the City Council to delete in their entirety Chicopee Code: §88-3 Order of precedence. Outdoor flags will be flown at City facilities in the following order of precedence: first, the United States flag; second, the Commonwealth of Massachusetts flag; and third, the City of Chicopee flag. And §88-4 Special occasions of federal, state, and local proclamation A. Flags in front of City Hall shall be displayed in accordance with the above standards. However, the Mayor may order flags to be lowered to half-staff, including, but not limited to, flags of the United States of America and the Commonwealth of Massachusetts in honor of the death of a city employee killed in the line of duty, or in observance of a specific event or circumstance. B. Pursuant to proclamation of the Mayor, or resolution of the City Council, other flags may be flown by the City in place of the City of Chicopee flag. And replace with the new: §88-3 Order of precedence. A. Outdoor flags will be flown at City facilities in the following order of precedence: first, the United States flag; second, the Commonwealth of Massachusetts flag; and third, the City of Chicopee flag. B. The Mayor may order the US, Commonwealth, and City flag to be flown at half-staff in the City of Chicopee in accordance with the following: a. On Memorial Day the flag should be flown at half-staff from sunrise until noon only, then raised briskly to the top of the staff until sunset, in honor of the nation's battle heroes. b. The City shall comply with all directives from the President and Governor regarding the display of the US and Commonwealth flag to fly at half-staff to recognize the passing of a federal or state official or recognition of a tragedy. c. The flag should fly at half-staff from the day of death until sunset the day of internment at all City Buildings, Parks, Cemeteries, and facilities after the death of the Mayor, former Mayor, City Councilor, School Committee representative or Department Head. d. It should also be flown at half-staff on all city facilities in the City of Chicopee, from the day of death until internment for any public figure in the City who has brought recognition or honor upon the City of its residents and is requested by a majority of the City Councilors. The Mayor may order the flag to be flown at half-staff to mark the death of other officials, former officials, or foreign dignitaries. In addition to these occasions, the Mayor may order half-staff display of the flags upon the death of a City employee in the line of duty, or after other tragic events. e. The flag should be briskly run up to the top of the staff before being lowered slowly to the half-staff position. C. Pursuant to proclamation of the Mayor, or resolution of the City Council, other flags may be flown by the City in place of the City of Chicopee flag. §88-4 Special occasions of federal, state, and local proclamation D. Flags in front of City Hall shall be displayed in accordance with the above standards. However, the Mayor may order flags flown in the city to be lowered to half-staff, including, but not limited to, flags flown by proclamation, and any city department flags in honor of the death of a city employee killed in the line of duty, or in observance of a specific event or circumstance. E. Pursuant to proclamation of the Mayor, or resolution of the City Council, other flags may be flown by the City in place of the City of Chicopee flag. MO-12 Be it Ordered that the Mayor be authorized to acquire and accept certain parcels of Real Estate currently owned by Waycon, Inc. and located in the neighborhood known as Stockbridge Estates as described in the attached draft deed for the purposes of controlling drainage infrastructure and roadways. Be it further ordered that Lenox Road and Stockbridge Street, also described in the deed, are hereby accepted as public ways in accordance with M.G.L. C. 82. 13 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 Hause 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. 1. Office Elected by Voters at Large- Two Thousand or more voters may file with the board of registrars of voters an affidavit containing the name of the officer sought to be recalled and a statement of the grounds for recall. 2. Office Elected by Voters by Ward- Five hundred or more voters may file with the board of registrars of voters an affidavit containing the name of the officer sought to be recalled and a statement of the grounds for recall. The signatures on such affidavit shall contain the names only of voters in the ward from which the officer was elected. 3. At Large or by Ward - 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 25 percent of the registered voters of the Ward or the City, os is appropriate, 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 Ward or 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. 14 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. 15 A favorable Zoning Committee report: Zone Change application from Residential A to Industrial for 7.5 ac/326, 700 SF of property located at 0 Burnett Road (Parcel ID 0238-00003) for the purpose of removing remnant residential A zoning within Eversource Powerline Easement to make zoning consistent with industrial zoning designations on abutting properties. Applicant: UFPT MA, LLC, 100 Hale Street, Newburyport, MA 01950. 16 A favorable Human Resources Committee report: Mayoral appointment of John Paquette, Jr., as a member of the Planning Board to serve until the first of April 2030. 17 A favorable Human Resources Committee report: Mayoral appointment of Andrew Desrochers as a member of the Planning Board to serve until the first of April 2030. 18 A favorable Human Resources Committee report: Mayoral appointment of Lesa Brantley to the Cultural Council to serve in such office expiring on the first day of May 2028. 19 A favorable Human Resources Committee report: Mayoral appointment of Yvette Toole 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. 20 Be it Ordered that the Rules Committee meet to discuss the following Open Meeting Complaints 1. Filed by Lisa Bienvenue received on March 12, 2025 regarding MO#9 City Council meeting 2-18-2025 2. Filed by Lisa Bienvenue received on March 12, 2025 regarding Special City Council meeting agenda for 3-10-2025 3. Filed by Derek Dobosz received on March 12, 2025 regarding M0#4 Special City Council meeting 3-10-2025 Laflamme 21 Be it Ordered that the following City Council meeting dates be changed: • Tuesday, September 16, 2025 to Thursday, September 18, 2025 - City Preliminary • Tuesday, November 4, 2025 to Thursday, November 6, 2025- Election Day Laflamme 22 Be it Ordered that the Finance Committee meet for a hearing on non-profits and municipal services. This is in response to a new Holyoke Policy. Pniak-Costello 23 A proposed ordinance adding to Chapter 260, Isolated Stop Signs, Old James Street, Traveling west - Intersection of Old James Street and Syrek, Isolated Stop Sign. Pniak-Costello 24 An application for a NEW Home Occupation License at 29 Dorrance Street for the purpose of doing build footings and concrete walls. Applicant: Mykola Nikulin, 29 Dorrance Street, Chicopee, MA. 25-27 2025-Junk Dealer's License Renewals Furnari Jewelers Anthony Furnari 1189 Memorial Drive AJW Realty, LLC Anthony Furnari 766 Memorial Drive Hollister Jewelry & Coins Archie Moe 1260 Memorial Drive 28-30 2025 -Home Occupation License Renewals Jane's Boutique Jane Gwozdzik 105 Tolpa Circle Janina Mijal 79-81 Towne Street Marissa Lalchandani 413 East Main Street Councilor's Announcements Adjournment: ATTEST: Keith W. Rattell, City Clerk

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