City Council - Ordinance Committee

Ordinance Committee Meeting Monday, November 7, 2016 @ 6:30 PM ITEM #1 Be it ordered that the City of Chicopee hereby adopts the Stretch Energy Code for the purpose of regulating the design and construction of buildings for the effective use of energy pursuant to Appendix 115.AA of the Massachusetts Building Code, 780 CMR, the Stretch Energy Code, including future editions, amendments or modification thereto, with an effective date of January 2, 2017. ITEM #2 Be it ordered that the City of Chicopee hereby adopts the twenty percent (20%) reduction plan (“Criteria 3”) as promulgated by the Massachusetts Department of Energy Resources. ITEM #3 Be it ordered that the City of Chicopee hereby adopts the New Fuel-Efficient Vehicle Policy promulgated by the Massachusetts Department of Energy Resources. ITEM #4 By adding Chapter 186 – Regulation of Unmanned Aircraft Systems (Drones) §186-1. Purpose The City of Chicopee recognizes that unmanned aircraft and unmanned aircraft systems, commonly referred to as drones, are increasingly being flown by citizens for a variety of both recreational and business purposes. United States airspace is the busiest in the world with up to 87,000 flights per day including commercial airliners, flight haulers, air taxis and private and military aircraft. Further, the City of Chicopee is the home of the Westover Air Force Base which conducts flights critical for the protection of all United States citizens. Consequently, the City of Chicopee hereby adopts this ordinance to protect the privacy and property interests of the residents of the City of Chicopee as well as to comply with all federal and state laws including the safe operation of the Westover Air Force Base. §186-2. Definitions 1. Aircraft shall be defined as any object designed or used to navigate or fly in the air. 2. Drone shall be defined as any un-manned aircraft, amateur rocket, model aircraft (Section 336 of Public Law 112-95), rotorcraft (702 CMR §2.01), or similar device or aircraft. 3. Visual Line of Sight shall be defined as an operator having constant and personal visual contact with the aircraft and/or drone at all times. This visual contact shall be natural and personal to the operator and shall not allow the operator to use visual enhancements, screens or other devices to maintain constant visual contact with the aircraft and/or drone. §186-3. Scope This ordinance shall apply to all drones and aircraft, as defined herein, to the extent allowed pursuant to state and federal law. This ordinance shall be limited to those drones/aircraft that weigh less than fifty-five (55) pounds and which are flown by a private citizen below four hundred (400) feet. §186-4. Regulations 1. All aircraft and drones shall comply with all regulations as established by the Federal Aviation Administration. 2. A drone and/or aircraft shall only take off and land on private property owned by the operator or where written permission is granted by the landowner. Said written permission shall include the name and signature of the land owner, the address of the property and the permissible dates and hours of operations. 3. All operators who use an aircraft and/or drone for non-business or commercial purposes shall also comply with the following regulations: a. Register with the Federal Aviation Administration and maintain proper documentation of the same. b. As required by Federal law, fly below four hundred (400) feet at all times.  c. Maintain at all times a visual line of sight of the aircraft and/or drone as defined above. d. No operator shall operate an aircraft and/or drone over a person(s) not directly participating in its operation. e. No operator shall operate an aircraft and/or drone prior to sunrise or subsequent to sunset. f. No aircraft and/or drone shall be weaponized. g. No aircraft or drone shall photograph or videotape any person without the prior written permission of that person. All operators shall maintain this written permission for a period of seven (7) years. h. No aircraft or drone shall operate over private property without the prior written permission from the landowner. i. No aircraft or drone shall operate over any property owned or controlled by the City of Chicopee unless prior written authorization is secured by the operator. §186-5. Violations and Penalties Any person who violates any provision of this ordinance shall be subject to the following fines schedule: 1. First offense: Written warning 2. Second offense: $100.00 fine 3. Third offense: $250.00 fine 4. Fourth or subsequent offense: $300.00 fine The City of Chicopee Police Department or their designee shall enforce this ordinance. ITEM #5 Chapter 275-50 B (1) (a) Temporary Signs Delete “three feet by three feet” And insert in place there of “nine square feet total” To read: (a) Size. Temporary signs may not exceed nine square feet total in a residential zone and may not exceed four feet by eight feet in a non residential zone. ITEM #6 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 $42,432.00 b. Assistant City Solicitor 42,432.00 c. Chief of Litigation 45,316.04 d. Associate City Solicitor (3) 42,432.00 (each)  e. Council – Legal Counsel 42,432.00 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 $43,391.25 Grade 6 b. Clerk 29,104.11 Grade 3 L. Office of the Mayor a. Chief of Staff $50,004.99 Grade 8 b. Staff Assistant 41,765.22 Grade 5 c. Special Projects Manager 41,765.22 Grade 5 d. Grant Specialist 10,000.00 M. Auditing Department a. Senior Accountant $59,438.70 Grade 8 N. Office of the Treasurer a. Assistant Treasurer $59,804.10 Grade 8 O. Law Department a. Paralegal $46,698.12 Grade 6 P. Human Resources a. Generalist (1) $38,787.21 Grade 5 b. Benefits Coordinator 43,391.25 Grade 6 c. Assistant Human Resource Director 49,310.73 Grade 7 Q. Office of the City Clerk a. Compliance Officer $20,232.72 Grade 4 R. Planning Department a. Development Manager $50,370.39 Grade 8 S. Council on Aging a. P.T. Office Receptionist $ 2,160.80 Group 2 employees as defined above shall also be entitled to receive those benefits as defined by the Administrative Employees Collective bargaining Unit/Agreement and will follow the non-union personnel wage scale effective July 1, 2016. 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.. Sub. Transportation Coordinator $ 3,149.18 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 $ 10.00 per hour b. Circulation Clerk (On-call) 10.00 per hour AA. Engineering Department a. Seasonal Jr. Engineer $ 10.00 per hour BB. Highway Department a. Temporary Laborer $ 10.00 per hour CC. Sanitation Department a. Temporary Laborer $ 10.00 per hour DD. Parks Department a. Temporary Laborer $ 10.00 per hour EE. Flood Control Department a. Temporary Laborer $ 10.00 per hour FF. Golf Department a. Seasonal Golf Assistants $ 10.00 per hour b. Pro-Shop Assistant 12.00 per hour c. Cashiers 11.00 per hour  GG. Water Department a. Seasonal Employees $ 10.00 per hour HH. Waste Water Treatment Plant a. Temporary Laborer $ 10.00 per hour b. Intern 12.42 per hour II. Parks & Recreation Department a. Ranger $ 10.00 per hour b. Special Care Taker 10.00 per hour c. Lifeguard 10.00 per hour d. Head Lifeguard 13.00 per hour e. Leader of Recreation/Art 13.75 per hour f. Assistant Recreation Leaders 10.00 per hour g. Youth Basketball Scorekeeper 1/game (Age 9-10) 10.00 per hour h. Youth Basketball Scorekeeper 1/game (Age 11-12) 11.00 per hour i. Youth Basketball Scorekeeper 1/game (Age 13-14) 12.00 per hour j. Youth Basketball Referee 2/game (Age 9-10) 12.00 per hour k. Youth Basketball Referee 2/game (Age 11-12) 15.00 per hour l. Youth Basketball Referee 2/game (Age 13-14) 18.00 per hour m. Youth Soccer Referee 2/game (Age 9-10) 11.00 per hour n. Youth Soccer Referee 2/game (Age 11-12) 12.00 per hour o. Youth Soccer Referee 2/game (Age 13-14) 13.00 per hour p. Youth Baseball/Softball Official 1/game (Age 8-10) 22.00 per hour q. Youth Baseball/Softball Official 1/game (Age 11-12) 25.00 per hour r. Youth Baseball/Softball Official 1/game (Age 13-14) 30.00 per hour s. Camp Director 16.25 per hour t. Assistant Director 14.75 per hour u. Specialist 13.75 per hour v. Junior Counselors 11.00 per hour w. Aquatics Director 13.75 per hour x. Lifeguard Instructor 12.00 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 OO. Human Resources a. Temporary Clerk $ 10.00 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 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. ITEM #7 Lavalle Avenue – North side – entire length (2 signs – 1 at corner of Lavalle Avenue and 1 before the light pole at 20 Lavalle Avenue) PARKING PROHIBITED ITEM #8 McKinley Avenue – Westerly side – opposite driveway at 49 McKinley Avenue – PARKING PROHIBITED ITEM #9 Yale Street – North side – for a distance of 21 feet from the intersection of Yale Street and Muzzy Street – PARKING PROHIBITED HERE TO CORNER ITEM #10 Delete - 14 Ferry Street – HANDICAP PARKING ITEM #11 Minutes – October 11, 2016