City Council - Ordinance Committee

CHICOPEE CITY COUNCIL ORDINANCE COMMITTEE APPROVED 8-24-2015 MEMBERS James Tillotson, Chairman Gary Labrie, Vice-Chairman Robert J. Zygarowski Frank Laflamme Timothy McLellan MINUTES July 21, 2015 The following are the minutes of a public hearing held Tuesday, July 21, 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, McLellan Members Absent: Zygarowski Also Present: Dan Garvey (Asst. City Solicitor), Frank Czepiel (Commission on Disabled), Dean Desmarais (Fire Chief), Josh Rickman (PVTA) 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. ITEM #1 BE IT ORDAINED by the City Council that the revised ordinances of the City of Chicopee for the Year 1991, as amended, be and hereby are further amended as follows: By deleting from Chapter 44 Fire Department, Section 44/I/1 establishment of, in its entirety: And inserting in place thereof Fire Department, Section 44/I/1 establishment of: The Fire Department of the City of Chicopee shall consist of 1 Fire Chief, 5 Deputy Chiefs to be designated First, Second, Third, Fourth, and Fifth Deputy Chiefs respectfully, 13 Captains, 23 Lieutenants, 101 Firefighters, 1 Administrative Assistant, 1 Principle Clerk, 1 Senior Clerk, 1 Fire Tech/Foreman. After discussion it was determined that the submitted ordinance references the wrong chapter in the city code. The committee amended to read as follows: 1 By deleting from Chapter 34 Fire Department, Section 34-1 Composition, in its entirety: And inserting in place thereof Fire Department, Section 34-1 Composition: The Fire Department of the City of Chicopee shall consist of 1 Fire Chief, 5 Deputy Chiefs to be designated First, Second, Third, Fourth, and Fifth Deputy Chiefs respectfully, 13 Captains, 23 Lieutenants, 101 Firefighters, 1 Administrative Assistant, 1 Principle Clerk, 1 Senior Clerk, 1 Fire Tech/Foreman. Councilor Tillotson stated that when this was originally filed it was filed as Chapter 44-1 and it should have been filed as Chapter 34-1. The misunderstanding came when Chapter 44-1 was carried forward from the old book to the new book. Councilor Laflamme motion to delete Chapter 44-1 and add Chapter 34-1 in place of – motion 2nd – motion passed. Chief Desmaris stated it’s been over a course of years that we’ve been operating under this Chapter but it has never been reflected in the ordinance since the nineteen eighties. It came to our attention and we thought it was due time to put it in line with the manner which the Fire Department has been running for quite some time. Councilor Laflamme motion to approve with updates – motion passed Committee vote 4 – 0 favorable. ITEM #2 DELETE SECTION 260-61, BUSES & SCHOOL BUSES; SCHEDULE II: BUS STOPS ID: 720 BROADWAY/MADISON – 300 BROADWAY Councilor Krampits stated this is just adding and deleting bus stops in the Chicopee Falls area. PVTA sent a letter specifying the changes they wanted to make. There will be three new stops and one deletion. Josh Rickman stated that this is a new bus route that operates in Chicopee. It operates through Springfield, Chicopee an on to Holyoke. The additional bus stops will be operating from Memorial Avenue, Grove Street to Broadway. Councilor Laflamme stated that Councilor Zaskey and I are not in favor of putting a bus stop at the Bank property on Front Street. The bank has just spent ten thousand dollars in landscaping and the kids throw rocks, damage the wall and the trees. They are destroying the place and the cars in the parking lot. We would like this bus stop moved down farther. Josh Rickman stated that we would be happy to entertain moving that bus stop. We could consolidate the bus stop on Front Street at the end of Ellerton Street with the other Front Street bus stop. Councilor McLellan motion to approve – Councilor Tillotson 2nd the motion – motion passed Committee vote 4 – 0 favorable. 2 ITEM #3 SECTION 260-61, BUSES & SCHOOL BUSES; SCHEDULE II: BUS STOPS ID: 1997 Court Street #2 - Between District Court Driveways on Court Street ID: 1998 Grove/Front - South of 170 Grove Street ID: 1999 Broadway/Grove - 334 Broadway Street Councilor McLellan motion to approve – Councilor Tillotson 2nd the motion – motion passed Committee vote 4 – 0 favorable. ITEM #4 Discussion of the following:  Dunn Street Stop Sign ordinance dated September 19, 2013  Shelton Street/Waite Street Guardrail ordinance dated June 17, 2014  30 Grattan Street crosswalk ordinance dated August 5, 2014  Ferry Landing Street Sign ordinance dated August 5, 2014  City Hall Annex handicapped parking sign ordinance dated June 3, 2014  Police Department Recycling bins ordinance dated May 5, 2015  Meadow Street do not block the box ordinance dated June 3, 2014  Mathieu Drive Stop Sign ordinance dated September 2, 2014  Front Street #444 No Parking Sign ordinance dated March 3, 2015  Front Street #460 - #462 No Parking Signs ordinance dated May 19, 2015 Jeff Neece was not present at the meeting. Motion made to postpone to the call of the chair – motion passed. ITEM #5 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 275-58 Business A Districts 275-58 D (3) “or residential uses”. Councilor Krampits stated that this is to make it more uniform regarding setbacks for business property. If you have Business A property that you’re using as a residence then those setbacks don’t apply. Just to make it cohesive through the whole section I wanted to add Residential use to someone that has a residential house on a Business A property. Committee vote 4 – 0 favorable. ITEM #6 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: 3 Delete Chapter 275-30 Storage of trucks and other equipment in its entirety And insert in place thereof 275-30 Storage of trucks and other equipment A. No truck, truck body, truck-towed trailer, tractor-towed trailer or other equipment manufactured for use for hauling or carrying materials over the highways shall be used for storage of any materials of any kind, whether or not said truck, truck body, truck-towed trailer, tractor-towed trailer or said other equipment is registered in accordance with MGL c. 90 or in accordance with the laws of any other state; nor shall the aforesaid be parked or stored in any place in any district for any time in excess of two weeks, unless said place is used as a truck terminal or a parking area for equipment rented to members of the general public for use on the highways. Excluded are those vehicles or tandem trailers or wheel boxes that are utilized for the construction of buildings and are placed in a construction site temporarily and trailers which are utilized for temporary offices or sanitation stations. B. The City Council may, however, authorize by special permit the use of the above-mentioned equipment for storage by nonprofit organizations, charitable institutions or for other such activities as the City Council deems appropriate. Said special permit shall govern the particular use of said container(s) and shall detail such other provisions and restrictions as the City Council deems necessary and appropriate. Councilor Tillotson stated that once this ordinance is passed you have to come in and get a special permit. The issue we had was whether we want to Grandfather the ones that are already in place. Councilor Laflamme stated that there are thousands of storage trailers out there. Dan Garvey stated that if you use them for your business they are allowed. Everything else whether there’s wheels or not is illegal; no one has ever enforced the ordinance. They are temporary storage. Dan Garvey stated if you Grandfather them then you have no control over them. If you ask them to come in for a special permit maybe you can Grandfather them up to a certain period. Councilor Krampits stated that there were issues with the ones that already existed so I’m not in favor of just having everyone Grandfathered. I think having to get a special permit will be helpful. Councilor McLellan motion to approve – Councilor Tillotson 2nd the motion – motion passed. Committee vote 3 – 0 favorable. Councilor Laflamme out of chair. ITEM #7 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 275-66 A (1) Burnett Road Delete April 6, 2014 Insert in place thereof April 6, 2015 Delete April 6, 2015 Insert in place thereof April 6, 2016 4 To read: (1) No further business, commercial or industrial development shall occur on Burnett Road and any appurtenant street for a period of one year commencing on April 6, 2015, and terminating on April 6, 2016, except by special permit. Councilor Tillotson motion to accept the correction that was made on the original – motion passed. Councilor motion to approve with changes – Councilor Tillotson 2nd the motion – motion passed. Committee vote 4 – 0 favorable. ITEM #8 Communication from the Zoning Board of Appeals requesting an increase in the Variance Application fee from $200 to $300. Councilor Tillotson stated that this is to meet the current cost of newspaper advertising. Councilor McLellan motion to approve – Councilor Tillotson 2nd the motion – motion passed. Committee vote 4 – 0 favorable. ITEM # 9 Chapter 7 Ordinance Revisions BE IT HEREBY ORDAINED THAT CHAPTER 7 OF THE ORDINANCES FOR THE CITY OF CHICOPEE IS HEREBY AMENDED BY INSERTING 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 6,000.00 (each) F. Assessors (3) 60,000.00 G. Treasurer 75,000.00 H. Collector 65,000.00 I. City Clerk 65,000.00 J. Law Department a. City Solicitor $41,600.00 b. Assistant City Solicitor 41,600.00 c. Chief of Litigation 44,427.49 5  d. Associate City Solicitor (2) 41,600.00 (each) e. Council – Legal Counsel 41,600.00 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 $39,544.00 b. Clerk 26,069.86 L. Office of the Mayor a. Chief of Staff $47,977.02 b. Staff Assistant 40,061.83 c. Special Projects Manager 40,061.83 d. Grant Specialist 10,000.00 M. Auditing Department a. Senior Accountant $57,173.60 N. Office of the Treasurer a. Assistant Treasurer $53,583.47 O. Law Department a. Paralegal $45,000.00 P. Human Resources a. Generalist (1) $37,797.67 b. Generalist (1) N/A c. Benefits Coordinator 41,600.00 d. Assistant Human Resource Director 47,500.00 Q. Office of the City Clerk a. Compliance Officer $19,912.00 R. Planning Department a. Development Manager $47,941.38 S. Council on Aging a. Program Coordinator $30,646.00 b. Program Assistant 14,229.93 c. Wellness Health Nurse (2) 15,384.12 d. Program Technician 19,990.60 6  e. P.T. Office Receptionist 2,118.40 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 Registrar’s (3) $ 1,000.00 each W. Liquor License Commission a. Chairman $ 700.00 b. Commissioners (4) 600.00 each X. Planning Department a. Environmental Stipend $10,000.00 Y. Council on Aging a. Wellness/Health Nurse N/A b. Sub. Transportation Coordinator $ 3,023.56 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 $ 9.00 per hour AA. Engineering Department a. Seasonal Jr. Engineer $ 9.00 per hour BB. Highway Department a. Temporary Laborer $ 9.00 per hour 7  CC. Sanitation Department a. Temporary Laborer $ 9.00 per hour DD. Parks Department a. Temporary Laborer $ 9.00 per hour EE. Flood Control Department a. Temporary Laborer $ 9.00 per hour FF. Golf Department a. Seasonal Golf Assistants $ 9.00 per hour b. Pro-Shop Assistant 12.00 per hour c. Cashiers 11.00 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. Parks & Recreation Department a. Ranger $ 9.00 per hour b. Special Care Taker 9.00 per hour c. Lifeguard 9.75 per hour d. Head Lifeguard 10.75 per hour e. Leader of Recreation/Art 9.00 per hour f. Assistant Recreation Leaders 9.00 per hour JJ. Police Department a. Special Patrolmen $ 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 KK. MIS Department a. Intern $ 12.00 per hour LL. Law Department a. Legal Intern (2) $ 15.00 per hour MM. Planning Department a. Intern (2) $ 17.50 per hour Group 4 employees as defined above shall NOT be entitled to any additional benefits. 8 Group 5 A. Police Chief B. Fire Chief The regular, full-time Fire Chief and the regular, full-time Police Chief 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 compensation rates paid to the Police Chief and the Fire Department Chief for the City of Chicopee. The highest annual rate of 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 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. Group 5 employees as defined above shall also be entitled to receive those benefits as defined by the Patrolmen and Firefighter Collective bargaining Unit/Agreement. Councilor Tillotson stated this is an ordinance that will give the non-union employee’s protection. Councilor Laflamme motion to approve – Councilor Tillotson 2nd the motion – motion passed. Committee vote 4 – 0 favorable. ITEM #10 Parking Regulations – Pleasantview Avenue – Before the intersection of Pleasantview Avenue and Crawford Street going west on the even side of the street, 67’ prior to the stop sign – Parking Prohibited Here to Corner Committee vote 4 – 0 favorable. ITEM #11 Isolated Stop Sign – Fair Street – Going northwest at the intersection of Fair Street and Hillside Avenue – Isolated Stop Sign Committee vote 4 – 0 favorable. ITEM #12 Handicap Parking – 67 Stonina Drive 9 Frank Czepiel recommends denial. The applicant states he shovels his space and someone parks there. Anyone with a handicap placard can park in a handicap space. Committee vote 4 – 0 unfavorable. ITEM #13 Minutes – June 9, 2015. Motion made to accept. Motion passed. Councilor McLellan motion to accept the minutes – Councilor Tillotson 2nd the motion – motion passed Meeting adjourned at 7:25 PM. 10