City Council - Ordinance Committee

CHICOPEE CITY COUNCIL ORDINANCE COMMITTEE APPROVED MEMBERS James Tillotson, Chairman Gary Labrie, Vice-Chairman Robert J. Zygarowski Frank Laflamme Timothy McLellan MINUTES May 12, 2015 The following are the minutes of a public hearing held Tuesday, May 12, 2015 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, McLellan Also Present: Dan Garvey (Asst. City Solicitor), Councilor Moreau, Councilor Zaskey, Councilor Lamontagne. 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. Motion to take Item 5 out of order and put as Item one – motion passed ITEM #1 Grace Street – Going west from Dale Street to Grattan Street – One Way Street. Public Input Paul Carmen, 55 Grace Street stated that we do not want a one way street; this will be a total inconvenience for all of us, we are not for this. Some of the signatures on the petition are forged. Some of the constituents in the audience stated that their signatures were forged. Councilor Tillotson stated that if the signatures were illegal it certainly wasn’t going to pass. Councilor Labrie motion to defeat - Councilor Laflamme 2nd the motion– motion passed Committee vote 5 – 0 favorable 1 ITEM #2 Add Chapter 240: Naming Rights: (a) It is the policy of the City of Chicopee to reserve the naming or renaming of all public assets for circumstances that will best serve the interests of the City and ensure a worthy and enduring legacy for the City's physical spaces. (b) The naming or renaming of all public assets of the City of Chicopee including, but not limited to, all municipal buildings, new school buildings, school buildings after undergoing major renovations authorized by the City Council, recreational facilities, parks, water bodies and conservation lands, shall be vested in the City Council by majority vote after public hearing. Councilor Moreau stated that this has been brought in front of the City Council before by Mr. Jack Sinclair the City Solicitor and he produced a ruling at that time giving the naming rights to the City Council. The naming right is based upon the fact if the City is paying for the building they should have the right to name the buildings. In the future if we’re paying to have buildings repaired or new construction I want to know clearly who has the naming rights. Dan Garvey stated I think it’s important to discuss future projects to clarify who in fact has the naming rights. A new building would be under the care, custody and control until it was turned over to the School Committee. Renovations are in the care, custody and control of the stated mandated school building commission until construction is complete and is turned over to the school committee, that’s how we interpret our charter. Donald Lamothe stated the charter states all schools are named by the School Committee. Councilor Tillotson stated that once a Building Commission was created by the City Council and the Mayor it was out of the School Committee vote. Councilor Laflamme stated that he would like the legal opinion of the City Solicitor and School Committee Lawyers. I would like to see that the School Committee and City Council have a firm understanding of where we’re headed. Sharon Nawrocki stated that she’s done a lot of research through mass general law chapter 43 section 81 and it states that the general management and the conduct of the public schools of the city shall be vested in the School Committee; according to Ms. Nawrocki the state statue clearly gives the School Committee authority. It is long standing and past practice and school committee has policy on naming and re-naming facilities. What I gather in the past we’ve had a mess before so that’s why a policy came out of it. I’m hoping that the School Committee and City Council Lawyers can clear this matter up. Councilor Tillotson stated we are not just here for the school, this includes everything. Sharon Nawrocki stated I would respectively ask that you remove school properties. Dan Garvey stated that the principal that you spoke of does apply to the charter but I think it boils down to who has; care, custody and control of the buildings. The proposed ordinance was very careful when it spoke of school buildings, it didn’t say existing school buildings it said those school building that were proposed to be constructed and those that need authorization through the City Council; major renovations that require authorization by the City Council for funding. Once the certificate of occupancy is issued; the School Committee nor does the School Department have care, custody and control of major renovations for new school projects - the Building Commission does. Marybeth Costello stated that in 2004 the City Solicitor made a ruling that no one has acted upon since and we were not aware of. We should have a good working relationship that when something is done like this at least legally we are aware of it and we’re following what the law is. Marge Wojcik added that the state department initiated School Councils to get parents involved in schools and one of the ways was to have the Student Council naming schools; where did this fall through, was the charter changed. 2 Dan Garvey stated the charter didn’t get a specific real clear concrete answer I think that’s why we’re all here. Marge Wojcik stated that we should work together and keep the politics out of it. Councilor Tillotson stated this is just an opportunity to talk about it. Sharon Nawrocki questioned whether the city adopted the charter. Dan Garvey stated that you have to specifically adopt a form of Government that’s laid out in the charter. We’ve had the same form of Government since 1897 so we the City of Chicopee never felt the need to adopt one of these forms of government because we have our own. I think section 81 vest the powers in the school committee pretty much mirrors what’s in our charter, the problem is how we interpret the language in our charter. It’s ultimately up to our City Solicitor to interpret it. Sharon Nawrocki stated that ninety nine point nine percent of school committees name or rename their schools, city government is usually never involved. Marybeth Costello stated that my suggestion is while you’re updating the ordinance to remove and delete the school department from it so the parents, teachers and students have a say. Councilor Tillotson stated I don’t think there was any intention on the part of the City Council to interfere with the political process at all. Councilor Moreau stated that a name was given to me by the veterans group and therefore by the motion I made and it was passed by the City Council and sent over to the School Committee for their recommendation and their input. Councilor McLellan stated I do think we need the legal opinion of our City Solicitor about interpretation to move forward and whatever he decides I think we move forward. Councilor Zygarowski stated that I would like to see all three Lawyers; the School Committee Attorney, City Solicitor and Assistant Solicitor in this room when we have that meeting. Councilor Laflamme motion to postpone until June 2015 – Councilor Tillotson 2nd the motion – motion passed. ITEM #3 BE IT ORDAINED that temporary “No Parking” signs be added from May 21, 2015 through May 25, 2015 on the even numbered side of the following streets:  Archie Street  Sunnymeade Ave (Bemis Ave to Broadway)  Goodhue Ave (Bemis Ave to Broadway)  Hyde Ave  Western Ave  Harrison Ave  Bliss Street  Elliot Ave  Cornell Ave  Palmer Ave  Mead Ave  Dalton Ave  Musiak Drive The DPW to install the temporary signs and the Police Department to enforce the temporary ordinance. Councilor Zaskey stated I think there were some concerns because there really was no temporary ordinance passed last year, it was something the Kielbasa Festival Organization did on their own and I think Police had difficulty enforcing it. It’s just a repeat of the same kind of temporary ordinance we do for the fireworks. 3 Councilor Laflamme motion to approve – Councilor McLellan 2nd the motion – motion passed Committee vote 5 – 0 favorable Councilor Laflamme motion to remove Item #4 from the table – Councilor Tillotson 2nd the motion – motion passed. ITEM #4 TABLED AT 4/14/2015 MEETING 19 Hope Street – Handicap Parking Committee vote 5 – 0 unfavorable ITEM #5 St. Onge Street – at the intersection of Dale Street and St. Onge Street – Isolated Stop Sign Councilor Laflamme motion to approve – Councilor McLellan 2nd the motion – motion passed Committee vote 5 – 0 Favorable ITEM #6 Delete Handicap Parking at 73 Maple Street Councilor Tillotson stated the person is no longer at this residence and Councilor Krampits would like it removed. Councilor Zygarowski motion to strike – Councilor Laflamme 2nd the motion – motion passed Committee vote 5 – 0 Favorable Councilor Laflamme motion to remove from the table – Councilor Tillotson 2nd the motion – motion passed ITEM #7 – tabled at 4/14/2015 meeting ORDERED THAT the Ordinance Committee meet to discuss Chapter 260-28, Parking of Commercial Vehicles. Councilor Laflamme motion to postpone until the next meeting – Councilor Tillotson 2nd the motion – motion passed Postponed until June 9, 2015 meeting ITEM #8 Minutes – April 14, 2015 Motion made to approve – Motion passed. Meeting adjourned at 7:31 PM. 4