City Council - Ordinance Committee

CHICOPEE CITY COUNCIL ORDINANCE COMMITTEE DRAFT MEMBERS James Tillotson, Chairman Gary Labrie, Vice-Chairman Robert J. Zygarowski Frank Laflamme Timothy McLellan MINUTES October 14, 2014 The following are the minutes of a public hearing held Tuesday, October 14, 2014 at 6:30 PM in the City Council Chambers, Fourth Floor, City Hall Annex, 274 Front Street, Chicopee, MA 01013. Members Present: Tillotson, Labrie, Laflamme, Zygarowski Absent: McLellan Also Present: Councilor Lamontagne, Councilor Brooks, Councilor Roy (Ward 9), Daniel Garvey (Associate City Solicitor), Steve Frederick (City Engineer), Chris Chaban (Assistant City Engineer), Raisa Riggot (HR Director) The meeting was called to order at 6:30 PM. In compliance with the open meeting laws the Chairman asked if anyone in the audience was recording the meeting. Councilor Tillotson motion to take number six out of order – motion passed. ITEM #1 ORDERED THAT the City Council explore the possibility to create an ordinance to limit or eliminate the panhandling that goes on throughout the city. Dan Garvey stated that Worcester passed an ordinance in 2013 and Lowell passed an ordinance in 2014. Both communities are being sued by the ACLU that it ordinance violates the person’s First Amendment Right. He further stated that if the Council would like him to draft an ordinance he will but he feels that because the ordinance will mirror that of Worcester and Lowell’s that the City of Chicopee will also be sued by the ACLU. The committee felt that the Council should wait to see what the outcome is of the pending lawsuits before it makes a final decision on the matter. Motion made by Councilor Zygarowski and second by Councilor Laflamme to table. Motion passed. 1 ITEM #2 BE IT ORDAINED BY THE CITY COUNCIL THAT CHAPTER 7 OF THE CODE OF THE CITY OF CHICOPEE FOR THE YEAR 1991, AS AMENDED BE AND HEREBY IS FURTHER AMENDED AS FOLLOWS: SECTION 2 HUMAN RESOURCES STRIKE OUT ADMINISTRATIVE ASSISTANT (1) $35,984.07 ADMINISTRATIVE ASSISTANT (1) $31,534.02 INSERT IN PLACE THEREOF GENERALIST (1) $36,343.91 GENERALIST (1) $31,849.36 ADD BENEFITS COORDINATOR $40,000.00 SAID ORDINANCE TO BE EFFECTIVE UPON PASSAGE Motion made by Councilor Zygarowski and second by Councilor Laflamme to approve. Committee vote 4 – 0 favorable. ITEM #3 CHAPTER 7 ORDINANCE REVISIONS BE IT HEREBY ORDAINED that Chapter 7 of the Ordinances for the City of Chicopee is hereby deleted and insert in place thereof the following positions which shall be established by the City of Chicopee along with the following annual salaries and benefits as detailed below: CHAPTER 7 Group 1 A. Mayor $ 85,000.00 B. President of the City Council $ 13,000.00 C. City Councilors (12) $ 12,000.00 (each) D. Vice Chairman of School Committee $ 6,500.00 E. School Committee Members (10) $ 6,000.00 (each) F. Assessors (3) $ 60,000.00 (each) G. Treasurer $ 75,000.00 H. Collector $ 65,000.00 I. City Clerk $ 65,000.00 J. Law Department 2  a. City Solicitor $ 40,000.00 b. Assistant City Solicitor $ 40,000.00 c. Chief of Litigation $ 42,718.74 d. Associate City Solicitor (2) $ 40,000.00 (each) e. Associate City Solicitor - City Council $ 40,000.00 Group 1 employees as defined above shall also be entitled to receive Longevity as defined by the Administrative Employees Collective Bargaining Unit/Agreement , Health-Dental-Eye Insurance and Retirement. Group 2 K. Office of the City Council a. Administrative Assistant $ 38,023.08 b. Clerk $ 25,067.17 L. Office of the Mayor a. Chief of Staff $ 46,131.75 b. Staff Assistant $ 38,520.99 c. Special Project Manager $ 38,520.99 d. Grant Specialist $ 13,750.00 e. Administrative Assistant $ N/A M. Auditing Department a. Senior Accountant $ 54,974.62 N. Office of the Treasurer a. Assistant Treasurer $ 51,522.27 O. Law Department a. Paralegal $ 45,000.00 b. Legal Stenographer $ N/A P. Human Resources a. Generalist (1) $ 36,343.91 b. Generalist (1) $ 31,849.36 c. Benefits Coordinator $ 40,000.00 Q. Office of the City Clerk a. Compliance Officer $ 19,836.00 R. Planning Department a. Development Manager $ 46,097.48 S. Council on Aging a. Program Coordinator $ 29,468.00 b. Program Assistant $ 11,354.81 3 Group 2 employees as defined above shall also be entitled to receive those benefits as defined by the Administrative Employees Collective Bargaining Unit/Agreement. Group 3 T. Auditing Department a. Assistant Auditor - stipend $ 4,000.00 U. Office of the Treasurer a. Assistant Treasurer - stipend $ 4,000.00 V. Office of the Registrar a. Board of Registrars (3) $ 1,000.00 W. Liquor License Commission a. Chairman $ 700.00 b. Commissioners (4) $ 600.00 X. Planning Department a. Environmental Stipend $ 10,000.00 Y. Council on Aging a. Wellness/Health Nurse $ 7,862.80 b. Sub. Transportation Coordinator $ 2,950.87 Group 3 employees as defined above shall NOT be entitled to any additional benefits. The following positions shall be established by the City of Chicopee along with the following hourly rate of pay as detailed below: Group 4 Z. Library Department a. Part Time Page $ 8.00 per hour AA. Engineering Department a. Seasonal Jr. Engineer $ 9.00 per hour BB.Highway Department a. Temporary Laborer $ 9.00 per hour CC. Sanitation Department a. Temporary Laborer $ 9.00 per hour DD. Parks Department a. Temporary Laborer $ 9.00 per hour EE.Flood Control Department 4  a. Temporary Laborer $ 9.00 per hour FF. Golf Department a. Seasonal Golf Assistant $ 9.00 per hour b. Pro-Shop Assistant $ 12.00 per hour GG. Water Department a. Seasonal Employees $ 9.00 per hour HH. Waste Water Treatment Plant a. Temporary Laborer $ 9.00 per hour II. Park and Recreation Department a. Ranger $ 8.00 per hour b. Special Care Taker $ 8.00 per hour c. Lifeguard $ 9.75 per hour d. Head Lifeguard $ 10.75 per hour e. Leader of Recreation/Art $ 8.00 per hour f. Assistant Recreations Leaders $ 8.00 per hour JJ. Police Department a. Special Patrolman $ 10.00 per hour b. Special Sergeant $ 11.00 per hour c. Special Lieutenant $ 12.00 per hour d. Special Captain $ 13.00 per hour Group 4 employees as defined above shall NOT be entitled to any additional benefits. Group 5 A. Police Chief B. Fire Chief The regular, full-time Fire Chief and the regular, full time Chief of Police of the City of Chicopee shall receive an annual compensation which shall not be less than (2) times the highest annual rate of compensation of a regular, full time firefighter, or a regular full time police officer or patrolman, as the case may be. In addition, parity shall be maintained relative to the compensation rates paid to the Police Chief and the Fire Department Chief for the City of Chicopee. The highest annual rate of a regular full-time firefighter, or a regular full time police officer or patrolman, is to be construed and interpreted as the “base rate” and shall not include any other additional forms of compensation and, if given this definition, the rates of the Fire Department Chief and the Police Chief would mathematically come out to different levels of compensation, then the lower rate shall be adjusted to the higher rate in order to maintain parity between the two Department Heads. 5 Group 5 employees as defined above shall also be entitled to receive those benefits as defined by the Patrolmen or Firefighter Collective Bargaining Unit/Agreement. Dan Garvey stated that he has renumbered the ordinance so that in the future if positions are added or deleted it will be easier to do that. Councilor Tillotson stated that placing these positions in an ordinance protects the employees and it allows the City the right to pay the employees. Motion made by Councilor Laflamme and second by Councilor Tillotson to approve. Committee vote 4 – 0 favorable. ITEM #4 BE IT ORDERED that the City of Chicopee City Council orders as follows: WHEREAS the City Council hereby determines that the City of Chicopee has acquired land and/or easements for the purpose of public ways over the streets detailed in Exhibit A attached hereto and incorporated herein; and WHEREAS the City Council has determined that the common convenience and necessity of Public Ways, the streets as detailed in Exhibit A shall be accepted as Public Ways; and WHEREAS it is agreed in case of said acceptance the land of each abutters will not receive special benefit other than the general advantage to the community, the value of which being undeterminable. WHEREAS the legal descriptions of said streets as detailed in Exhibit A are in the care and custody of the City of Chicopee-Office of the Clerk. NOW THEREFORE, it is ordered the streets as detailed in Exhibit A attached hereto and incorporated herein be laid out and accepted as Public Ways. Furthermore, that betterment assessments be waived in regards to this matter and that the layouts be accepted and established. EXHIBIT A LIST OF STREETS Acker Circle Better Way Carmen Street Dorrance Street Mandalay Rd. Acrebrook Drive Blanan Drive Carolyn Terrace. Douglas Circle Manola Street Access Road Boivin Terrace Carpenter Avenue Dowds Lane Manos Drive Airpark Way Border Street Carriage Road Esgert Street Mayflower Avenue Alfred Street Bory’s Circle Carter Drive Fairmont Street Montclair Street Andover Road Boston Street Casey Drive Fairway Drive Montvale Street Angela Drive Bostwick Lane Champagne Avenue Falmouth Road Montvue Street Anthony Street Boucher Circle Chartier Drive Filmore Street Montello Road Arcadia Street Boutin Street Cinnamon Drive Gelinas Drive Montville Street Arlmont Street Boutin Court Citron Dr. Gill Street Mountainview Street Armanella Street Boulay Circle Claire Street Ginger Street Mount Vernon Rd. Ashgrove Street Brandon Avenue Coakley Drive Green Point Circle Nelson Street Ashmont Street Bray’s Street Cobb Avenue Grise Drive Nutmeg Circle 6 Asselin Street Brentwood Terrace Colonial Circle Harding Street Overlook Drive Barbara Street Bridal Path Road Cote Avenue Harvey Street Parkwood Baril Lane Briere Drive Cox Street Hillcrest Street Pembroke Place Baird Lane Bristol Street Crawford Avenue Honey Lane Pondview Drive Baltic Avenue Broadway Court Dakota Drive Hunt Seat Drive Post Road Baptist Avenue Brodeur Street Dale Court Irene Court Randall Street Basil Road Brookline Avenue Darmouth Street Irene Street Rita Street Baystate Road Brookville Street Dawn Street James Street Robak Drive Beaudoin Court Brown Street Deane Street Janine Street Roberts Pond Lane Beauregard Court Bunker Lane Debra Street Kane Drive Rosemont Street Beech Street Burns Street Dejordy Lane Larchmont Street Savory Drive Beesley Avenue Bush Avenue Denette Street Laskowski Lane Sesame Drive Belmont Street Caddyshack Lane Devlin Drive Lavoie Drive Shea Drive Benoit Circle Cadieux Avenue Dillon Street Lauzier Terrace Sheridan Street Bernard Street Calvin Street Dixie Terrace Lord Terrace Sherwood Road Bessette Lane Carlton Avenue Dobek Avenue Lorimer Street Silvin Road Sunsett Drive Surrey Lane Suzanne Street Szady Drive Tardy Road Warwick Road Whittier Place Wilmont Street Upton Street . Steve Frederick stated that the list of streets that he submitted included 101 street names. This list contains 150 streets. He does not know where this list came from. He submitted to the committee the correct list of streets. Dan Garvey stated that he will ask the Mayor to re-submit the order with the correct list of streets. Motion made to defeat this order. Committee vote 4 -0 favorable. ITEM #5 260-77 Prohibited Turns Park Street South side while exiting 89 Park Street Left Turn Prohibited Committee vote 4 – 0 favorable. ITEM #6 Handicap Parking 7 68 Peloquin Drive Handicap Parking Committee made a motion to table until report is received from Commission on Disabled. Motion passed. ITEM #7 Handicap Parking 163 Horseshoe Drive Handicap Parking Committee made a motion to table until report is received from Commission on Disabled. Motion passed. ITEM #8 Parking Regulations Chicopee Street West side from John Street to Whitman Street Time Limit Parking 30 Minutes 7 AM – 8 PM (4 signs) Committee members felt that 30 minutes is not enough time for customers visiting the businesses. The committee amended the ordinance to 60 Minutes. Committee vote 4 – 0 favorable. ITEM #9 Isolated Stop Sign Sherbrooke Street At the intersection of Sherbrooke Street and Bay State Road Isolated Stop Sign Councilor Labrie stated that the sign has already been installed. He feels that perhaps the ordinance already exists for this sign. If it does then he will ask the Council to defeat this ordinance. Committee vote 4 – 0 favorable. ITEM #10 Parking Regulations Kendall Street After the intersection of Stebbins Street heading north towards Rolf Avenue Parking Prohibited 11 PM – 6 AM Councilor Labrie asked that the committee amend the ordinance to include the following language “West side of street for a distance of 50 feet.” Committee vote 4 – 0 favorable. ITEM #11 Isolated Stop Sign Larchmont Street 8 At the intersection of Larchmont and Fairmont Street Isolated Stop Sign Committee vote 4 – 0 favorable. ITEM #12 Isolated Stop Sign Larchmont Street At the intersection of Larchmont Street and Montauk Road Isolated Stop Sign Committee vote 4 – 0 favorable. ITEM #13 Isolated Stop Sign Asinof Avenue At the intersection of McKinley Avenue and Asinof Avenue Isolated Stop Sign Committee vote 4 – 0 favorable. ITEM #14 Minutes – September 8, 2014. Motion made to accept. Motion passed. Meeting adjourned at 7:12 PM. 9