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 August 24, 2015 The following are the minutes of a public hearing held Monday, August 24, 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 Members Absent: McLellan Also Present: Dan Garvey (Asst. City Solicitor), Councilor Lamontagne, Councilor Krampits, Councilor Brooks, Councilor Zaskey, Jeff Neece (DPW Superintendent), Al Pinciak (Water Commissioner), Jennifer Wolowicz (Water Commissioner), Richard Grabiec (Water Commissioner), Al Starzyk (Water Superintendent) 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 ORDERED THAT the Ordinance Committee meet with the Water Commission to discuss the attached ordinance changes. Section 80-3 The Department of Public Works shall have all the duties, responsibilities, powers and function vested by general or special law or any ordinance in any of the following Departments, which are hereby abolished as separate entities: Engineering, Parks, Flood Control, Cemeteries, Highway, Sanitation, Wastewater Treatment, Forestry and Central Maintenance Garage. Recreational programs will not be the responsibility of the Department of Public Works. Add Section B: 1 The Department of Public Works shall have the duties, responsibilities, powers and function of the City of Chicopee Water Department as vested by the City of Chicopee Water Commission. Such duties shall include the general supervision of the day to day operations of the City of Chicopee Water Department. The City of Chicopee Water Commission, however, shall retain sole authority over all contracts, abatements, disputes, final hiring decisions and the setting of water rates. Add Section 80-4(A)(6) Section 80-4(A) The Department of Public Works shall be organized to include the following Divisions: (1) Administrative Division: consisting of all managerial, business, and clerical functions of the office of the Superintendent of Public Works. (2) Public Utilities Division: consisting of all water pollution control operations and flood control. (3) Public Services Division: consisting of all street, sidewalk, and infrastructure construction and maintenance, integrated solid waste management operations, including solid waste pickup and recycling, DPW building maintenance, as well as any forestry services. (4) Engineering Division: consisting of all engineering services required by the City. (5) Parks and Cemetery Division: consisting of all parks and cemetery maintenance purposes. (6) Water Division: the general supervision of the day to day operations of the City of Chicopee Water Department as vested to the Department of Public Works by the City of Chicopee Water Department. Add Section 80-5(L) The Superintendent of Public Works shall: A. Have the overall responsibility and shall supervise and direct all municipal public works projects, excluding those undertaken by the Electric Light Department. B. Supervise, direct and control the construction, alteration, repair and maintenance of all City parks, playgrounds, cemeteries and public grounds, along with any structures or facilities on those grounds, except that all recreational programs and the setting of rules and regulations for the use of park grounds and apparatus shall not be a function of the Department of Public Works but rather shall remain a function of the Parks and Recreation Commission. All powers and duties previously vested in the Superintendent of Parks and Recreation relative to parks and cemetery maintenance shall hereby be assumed by the Superintendent of Public Works. C. Supervise, direct and control all construction, alteration, repair and maintenance of public streets, roads, lanes, squares, sidewalks, bridges, sewers, storm drains and all appurtenances thereto. All powers and duties previously vested in the Superintendent of Streets according to Chapters 16, Art. IX; 230; 243 and 260 of the Code of the City of Chicopee shall hereby be assumed by the Superintendent of Public Works. D. Have charge of the collection and disposal of all garbage, ashes, rubbish and other wastes. Wherever Chapter 169 of the Code of the City of Chicopee refers to "Superintendent," it shall mean Superintendent of Public Works. Recycling programs mandated under Chapter 223 of the Code of the City of Chicopee shall be under the supervision and control of the Superintendent of Public Works. 2 E. Supervise and direct the operation and maintenance of all water pollution control activities, including treatment facilities, pump stations, sewer collection system, and combined sewer overflow mitigation, as well as the City's pretreatment program. F. Have full charge of the management and operation of the municipal flood-control system, which shall include supervision, repair and maintenance of dikes, pumping stations in connection with the dikes and all other machinery or equipment used in the care and operation of the dikes along the Connecticut River and the Chicopee River and any other dikes that are now erected or may be erected in the City. G. Be responsible for and in control of all engineering services, examinations, plans, statements and specifications which may be needed by any department in the City in the discharge of its duties. The City Engineer shall continue to be responsible for the duties specified in Chapter 28 of the Code of the City of Chicopee under the direction of the Superintendent of Public Works. H. Supervise, direct and control all forestry services in the City, which services shall include the care, preservation and maintenance of all public shade trees, shrubs and growth in the City, including any removal, trimming or planting of trees as necessary. I. Be responsible for and in control of all Department of Public Works purchasing, the solicitation of bids, inventory control and overall personnel management. J. Supervise the work of all private contractors working on City property or pursuant to municipal authority. K. Review plans and supervise construction of all municipal public works projects, including all federally financed and/or state-financed public works projects. L. Supervise, direct and manage all construction, alterations, repair and maintenance of the water distribution system, including all appurtenances thereto, owned by the City of Chicopee all which shall be subject to the final approval of the City of Chicopee Water Commission. Delete Section 269-2 and insert in place thereof the following: The Superintendent of the Water Department shall, under the direction and control of the Superintendent of Public Works and as a Department Head with the Division structure consistent with Section 80 of the Chicopee City Code, have secondary charge and care of all new construction or extension and of all repairs and management of the works of said Department. He shall have authority to dig up the streets and highways, so far as is necessary for the purpose of paving and repairing lines of water pipe or water mains; but in all such cases the streets, while so dug up, are to be suitably protected and guarded, and after the work is finished, the streets shall be left in a condition satisfactory to the Superintendent of Streets. All defects in highways or streets caused by leaks in water mains or pipes shall be repaired by the Superintendent of the Water Department to the satisfaction of the Superintendent of Streets. Upon receiving notice from the Chief of the Fire Department of any defective hydrant, said Superintendent shall cause the same to be repaired without delay. The Superintendent of the Water Department should issue a news release to the newspapers and place information on Chicopee Cable TV Channel 64 notifying residents of any scheduled maintenance that would result in their water being shutoff. Delete Section 269-3 and insert in place thereof the following: 3 The Superintendent of the Water Department shall act as registrar and shall keep such books and make such reports and perform such other duties as the Board of Water Commissioners and the Superintendent of Public Works may prescribe. He shall file with the City Collector and City Auditor on the first day of each month a list of water rents which are payable on those days, and on the first day of each month he shall file with the City Collector and City Auditor a statement of all water rents and other claims which may have become due to the City during the preceding month in his Department. Whenever any bill is abated or changed by the Board of Water Commissioners, a certificate of such abatement or change, signed by the Superintendent of the Water Department, shall be delivered to the City Collector and City Auditor and shall become his voucher for the amount therein stated. Delete Section 269-5 and insert in place thereof the following: There shall be established the position of Engineer of the Water Department, who shall have charge of all records, plans and designs of the water distribution system, including all extensions and replacements. He shall make such reports and perform such other duties as the Superintendent of the Public Works and the Board of Water Commissioners may prescribe. Delete Section 269-8(B) and insert in place thereof the following: The work herein required to be done by the contractors, land developers, subdividers, real estate operators and home builders shall pay for the time of an inspector designated by the Superintendent of Public Works, and said work shall be subject to acceptance by the Superintendent of Public Works. Dan Garvey stated that the underlined language is the language that he is proposing to change in the current ordinance. The Water Commission wanted to make changes to 80-3B, matters of discipline, and also include language regarding purchases that exceed $10,000.00 for the water department that must be approved by the Water Commission. Al Starzyk had concerns about protecting his Level 4 license from the DEP. Dan Garvey will take the feedback from this meeting and make the necessary changes to the ordinance. The new document will then be filed for the September 1st Council meeting for a first reading and be referred to the Ordinance Committee where the Water Commission, DPW Superintendent, and Water Superintendent will have an opportunity to discuss with the Council. Refer corrected copy to the full Council. Committee vote 4 – 0 favorable. ITEM #2 Motion made to take Item #3 out of order. Motion passed. BE IT ORDAINED by the City Council that the Code of the City of Chicopee for the Year 1991, as amended, be and hereby is further amended as follows: 4  By deleting Chapter 109-3 B Stickers Which states: 109-3 Stickers B. replacement cost of each sticker shall $2.00 sticker, provided that the old sticker is returned, failure to return the old sticker shall result in the imposition of a replacement fee of $10.00 per sticker. William Pagel, Chairman, License Commission and Laurie Taillefer (Clerk), were present at the meeting. They stated that there is no need for this part of the ordinance and are requesting that it be deleted from the code book. Motion made by Councilor Zygarowski and second by Councilor Tillotson to approve. Committee vote 4 – 0 favorable. ITEM #3 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 Mathieau 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 Dunn Street Stop Sign ordinance dated September 19, 2013 – completed Shelton Street/Waite Street guardrail ordinance dated June 17, 2014 – completed 30 Grattan Street crosswalk ordinance dated August 5, 2014 – this item is still under study Ferry Landing Street Sign ordinance dated August 5, 2014 – Jeff Neece stated that this is a paper street that has never been accepted by the City. Councilor Tillotson stated that there is a road there and a garage on the property. City Hall Annex handicapped parking sign ordinance dated June 3, 2014 – Councilor Zygarowski stated that people traveling to City Hall do not know that the annex parking lot has two handicap parking spaces. He is requesting that DPW attach an arrow to the existing sign on Front Street directing the disabled to the handicap parking spaces in the lot. Police Department recycling bins ordinance dated May 5, 2015 – completed Meadow Street do not block the box ordinance dated June 3, 2014 – to be completed Mathieu Drive Stop Sign ordinance dated September 2, 2014 – it was recommended by Jeff Neece that this sign be changed to a Yield sign 5  Front Street #444 No Parking Sign ordinance dated March 3, 2015 – Jeff Neece stated that there is a high voltage conduit that runs under this area. He cannot install a sign here. Front Street #460-462 No Parking Signs ordinance dated May 19, 2015 – Same as above. High voltage conduit. Committee vote 4 – 0 favorable. ITEM #4 Grattan Street – In front of 709-711 Grattan Street on the odd side of the street approximately 57’ before the intersection of Providence Street, 8’ before the current crosswalk at 703 Grattan Street – Parking Prohibited Here to Corner Motion made by Councilor Labrie and second by Councilor Tillotson to approve. Committee vote 4 – 0 favorable. ITEM #5 Montgomery Street – In front of 221 Montgomery Street on the odd side of the street approximately 21’ before the intersection of Lagadia Street – Parking Prohibited Here to Corner Motion made by Councilor Labrie and second by Councilor Tillotson to approve. Committee vote 4 – 0 favorable. ITEM #6 Minutes – July 21, 2015 Motion made to approve. Motion passed. Meeting adjourned at 7:59 PM. 6