City Council - Ordinance Committee

City of Chicopee City Council Ordinance Committee Approved 8-28-2018 Members James Tillotson, Chair Fred Krampits, Vice Chair Frank Laflamme Gary Labrie Jerry Roy MINUTES June 12, 2018 The following are the minutes of a public hearing held Tuesday, June 12, 2018, at 6:30 PM in the City Council Chambers, Fourth Floor, City Hall Annex, 274 Front Street, Chicopee, MA 01013. Members Present: Tillotson, Krampits, Laflamme, Labrie Member Absent: Roy Also Present: Dan Garvey (Associate City Solicitor), Elizabette Botelho (City Engineer), Ela Soja (Acting Parks Superintendent) Councilor Dobosz, Councilor Walczak, Councilor Balakier 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. Hearing none the meeting continued. ITEM #1 BE IT ORDERED THAT THE CITY OF CHICOPEE HEREBY AMENDS THE CHICOPEE CODE OF ORDINANCES TO ESTABLISH AND AUTHORIZE REVOLVING FUNDS FOR USE BY CERTAIN CITY DEPARTMENTS, BOARDS COMMITTEES, AGENCIES, OR OFFICERS UNDER AND IN ACCORDANCE WITH MASSACHUSETTS GENERAL LAWS CHAPTER 44 § 53E1/2. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICOPEE ADDING THE FOLLOWING NEW SECTION 32-13 ENTITLED “DEPARTMENTAL REVOLVING FUNDS: SECTION 1. Chapter 32 of Part I of the City Code of Ordinances is hereby amended by inserting into the City Code of Ordinances the following new section after Section 32-12, including the table that follows: §32-13 DEPARTMENTAL REVOLVING FUNDS 1. Purpose. The purpose of this Ordinance is to codify, establish and authorize revolving funds for use by City departments, boards, committees, agencies or officers in connection with the operation of programs or activities that generate fees, charges, or other receipts to support all or some of the expenses of those programs or activities. These Revolving Funds are established under and governed by General Law Chapter 44 § 53E1/2. 2. Expenditure Limitations. A department or agency head, board, committee, or officer may incur liabilities against and spend monies from a revolving fund established and authorized by this Ordinance without appropriation subject to the following limitations: A. Fringe benefits of full-time employees whose salaries or wages are paid from the fund shall also be paid from the fund. B. No liability shall be incurred in excess of the available balance of the fund. C. The total amount spent during a fiscal year shall not exceed the amount authorized by City Council on or before July 1st of that fiscal year, or any increased amount of that authorization that is later approved during that fiscal year by the Mayor and City Council. 3. Interest. Interest earned on monies credited to a revolving fund established by this Ordinance shall be credited to the general fund. 4. Procedures and Reports. Except as provided in General Laws Chapter 44 § 53E1/2, this Ordinance, the City Charter, or any other state or local law, ordinance, rule, regulation, policy or procedure that governs the receipt and custody of City monies and the expenditure and payment of City funds shall apply to the use of a revolving fund established and authorized by this Ordinance. The City Auditor shall include a statement of the collections credited to each fund, the encumbrances and expenditures charged to the fund and the balance available for expenditure in the regular report the City Auditor provides the department, board, committee, agency or officer on appropriations made for its use. 5. Authorized Revolving Funds. The Table in Exhibit A establishes: A. Each revolving fund authorized for use by a City department, board, committee, agency or officer, B. The department or agency head, board, committee, or officer authorized to spend from each fund, C. The fee, charges and other monies charged and received by the department, board, committee, agency or officer in connection with the program or activity for which the fund is established that shall be credited to each fund by the City Auditor, D. The expenses of the program or activity for which each fund may be used, E. Any restrictions or conditions on expenditures from each fund, F. Any reporting or other requirements that apply to each fund, and G. The fiscal years each fund shall operate under this Ordinance. [SEE EXHIBIT A BELOW, TABLE ESTABLISHING EACH FUND]  EXHIBIT A TABLE ESTABLISHING EACH FUND Revolving Fund Department Fees, Charges or Other Program or Restrictions or Other Fiscal Years head, Board, Receipts Credited to the Activity Conditions on Requirements Committee, Fund Expenses Expenses Payable /Reports Agency head or Payable from from the Fund Officer Fund Authorized to Spend from Funds Assessors - Board of Fees sufficient to pay for Replacement of All funds received None Permanent Photocopy Costs Assessor's costs of materials, materials, may be expended until Revolving supplies, and related supplies and for the purpose of discontinued charges which shall be related costs to this fund by City credited to the "Board of provide the public Council vote Assessor's Photocopy Revolving Fund" Registrar's Passport Board of A $35.00 processing fee, a Replacement All funds received None Permanent Services Revolving Registrar's $3.00 fee for passport costs of materials, may be expended until photos and a $6.70 priority supplies, and for the purpose of discontinued mail fee will be received related costs to this fund by City for each application and provide the public Council vote shall be credited to the with passport Revolving fund. Receipts services. shall be utilized for the costs associated with the copying and mailing of passport documents. Recreation- Summer The Fees sufficient to operate To provide All funds received None Permanent Day Camp Revolving Superintendent of the program shall be children with a may be expended until Parks or charged in accordance with recreational and for the purpose of discontinued Assistant a schedule provided by the learning this fund by City Superintendent Parks & Recreation experience Council vote Department. including sports, creative arts &  crafts, music & drama, nature activities, swim lessons, and other related events Library Damaged or The Board of Fees sufficient to pay for Replacement of All funds received None Permanent Lost Items Revolving Library Trustees the replacement of such books, records, may be expended until items shall be charged to tapes, and other for the purpose of discontinued the individual responsible public library this fund by City for said loss. All library items available Council vote fines shall also be included for public use. It in the fund. shall also be used to purchase new materials to help keep the collection current and provide additional copies of the most "in demand" titles. It shall also be used to cover postage costs incurred when mailing overdue notices to patrons. Library Book Sale The Board of Proceeds received shall be To receive All funds received None Permanent Revolving Library Trustees utilized for new books, income from the may be expended until materials, programming, sale of de- for the purpose of discontinued and programming supplies accessioned this fund by City books and Council vote materials Library Photocopy The Board of Fees sufficient to pay for Replacement All funds received None Permanent Costs Revolving Library Trustees costs of materials, costs of materials, may be expended until supplies, and related supplies and for the purpose of discontinued charges related costs to this fund by City provide the public Council vote with photocopies School Vocational- School From the sale of said To receive All funds received None Permanent Technical Carpentry Superintendent or building projects, monies income from the may be expended until Revolving Assistant sufficient to continue the sale of Building for the purpose of discontinued Superintendent carpentry program and Projects this fund by City expenses incurred in conducted by the Council vote building projects are Vocational - recommended by the Technical Superintendent Carpentry Program of the City Schools Golf Driving Range Golf Commission A $5.00 per token will be To receive All funds received None Permanent Revolving charged in order to income from the may be expended until purchase a bucket of balls sale of tokens for for the purpose of discontinued for the driving range a bucket of golf this fund by City balls in order to Council vote cover replacement cost for supplies, equipment, and other related costs associated with driving range operations Golf Pro Shop Golf Commission Revenue sufficient to To receive All funds received None Permanent Inventory Revolving cover replacement cost of income from the may be expended until inventory sold sale of Pro Shop for the purpose of discontinued Inventory in order this fund by City to cover Council vote replacement cost Golf Advertising Golf Commission A fee schedule of $750 for To receive All funds received None Permanent Costs Revolving a three year ad and $300 income related to may be expended until for a one year ad is the advertising of for the purpose of discontinued established . Fees the Chicopee this fund by City sufficient to pay for related municipal golf Council vote advertising costs course through various media including television, radio, and newspaper advertising and various ad preparation costs Council on Aging Council on Aging Fees sufficient to pay for To receive All funds received None Permanent Rivermills Café costs of material, supplies, income for the may be expended until Revolving and related costs to run the replacement costs for the purpose of discontinued café of materials, this fund by City supplies, and Council vote related costs to run the café Sanitation - D.P.W. Retailers buy the trash Purchase and sale All funds received None Permanent Municipal Waste Superintendent bags directly from of trash bags and may be expended until Management wastezero at $240/case for related costs for for the purpose of discontinued Revolving 15 gallon bags ($1.20/bag solid waste this fund by City x 5 bags/packet x 40 disposal Council vote packets/case) and $400/case for 33 gallon bags ($2.00/bag x 5 bags/packet x 40 packets/case) SECTION 2. The following sections of the Chicopee Code of Ordinances are hereby repealed and deleted: § 206-7 Chicopee Parks Summer Day Camp Revolving Fund. SECTION 3. All revolving funds purportedly created by ordinance or order that pre-date the approval of this Ordinance and that were never expressly codified or incorporated into the Chicopee Code of Ordinances are hereby amended and re-authorized by this Ordinance in accordance with M.G.L. c. 44 § 53E1/2 and the above- referenced Table in Exhibit A. Councilor Tillotson explained that with this new ordinance revolving funds will not need to be submitted annually. However, any time that the Council has questions the department with the revolving fund could be called in for review. This would save a lot of paperwork that is submitted annually. Motion made by Councilor Laflamme and second by Councilor Krampits to approve. Committee vote 4 – 0 favorable. ITEM #2 Chapter 7 Ordinance Revisions II. Parks & Recreation Department Director $16.50 Head Lifeguard $15.00 Instructor Lifeguard $14.00 JJ. Police Department Special Patrolmen $15.00 Delete the following positions: Special Sergeant, Special Lieutenant, Special Captain 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 $42,432.00 b. Assistant City Solicitor 42,432.00 7  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 $44,298.80 Grade 6 b. Clerk 29,720.60 Grade 3 L. Office of the Mayor a. Chief of Staff $51,051.00 Grade 8 b. Staff Assistant 42,642.60 Grade 5 c. Special Projects Manager 42,642.60 Grade 5 d. Economic Development Manager 65,000.00 M. Auditing Department a. Senior Accountant $61,061.00 Grade 8 N. Office of the Treasurer a. Assistant Treasurer $61,061.00 Grade 8 O. Law Department a. Paralegal $47,665.80 Grade 6 P. Human Resources a. Generalist (1) $41,496.32 Grade 5 40 hrs/wk b. Benefits Coordinator 41,473.34 Grade 6 40 hrs/wk c. Senior Generalist 52,366.22 Grade 7 40 hrs/wk Q. Office of the City Clerk a. Compliance Officer $20,333.04 Grade 4 R. Planning Department a. Development Manager $51,415.00 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. 8 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 $ 3,882.00 Grade 1 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 $ 11.00 per hour b. Circulation Clerk (On-call) 11.00 per hour AA. Engineering Department a. Seasonal Jr. Engineer $ 11.00 per hour BB. Highway Department a. Temporary Laborer $ 11.00 per hour CC. Sanitation Department a. Temporary Laborer $ 11.00 per hour b. Waste Reduction Enforcement Officer 19.00 per hour DD. Parks Department a. Temporary Laborer $ 11.00 per hour EE. Flood Control Department a. Temporary Laborer $ 11.00 per hour 9  FF. Golf Department a. Seasonal Golf Assistants $ 11.00 per hour b. Pro-Shop Assistant 12.00 per hour c. Cashiers 12.00 per hour GG. Water Department a. Seasonal Employees $ 11.00 per hour HH. Waste Water Treatment Plant a. Temporary Laborer $ 11.00 per hour b. Intern 12.42 per hour II. Parks & Recreation Department a. Ranger $ 11.00 per hour b. Special Care Taker 11.00 per hour c. Lifeguard 11.00 per hour d. Head Lifeguard 15.00 per hour e. Leader of Recreation/Art 14.00 per hour f. Assistant Recreation Leaders 12.00 per hour g. Youth Basketball Scorekeeper 1/game (Age 9-10) 11.00 per hour h. Youth Basketball Scorekeeper 1/game (Age 11-12) 12.00 per hour i. Youth Basketball Scorekeeper 1/game (Age 13-14) 13.00 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 Umpire 1/game (Age 8-10) or 3rd-4th grade 22.00 per hour q. Youth Baseball Umpire 1/game (Age 11-12) or 5th-6th grade 25.00 per hour r. Youth Baseball Umpire 1/game (Age 13-14) or 7th-8th grade 30.00 per hour s. Youth Softball Umpire 1/game (Age 8-10) or 3rd-4th grade 18.00 per hour t. Youth Softball Umpire 1/game (Age 11-12) or 5th-6th grade 25.00 per hour u. Youth Softball Umpire 1/game (Age 13-14) or 7th-8th grade 28.00 per hour v. Camp Director 16.50 per hour w. Assistant Director 15.00 per hour x. Specialist 14.00 per hour y. Senior Counselors 13.00 per hour z. Junior Counselors 12.00 per hour aa. Aquatics Director 16.50 per hour bb. Lifeguard Instructor 14.00 per hour JJ. Police Department a. Special Patrolmen $ 15.00 per hour KK. MIS Department a. Intern $ 12.00 per hour LL. Law Department 10  a. Legal Intern (2) $ 15.00 per hour MM. Planning Department a. Intern (2) $ 17.50 per hour OO. Human Resources a. Temporary Clerk $ 11.00 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. Said ordinance changes to be effective July 1, 2018. Councilor Tillotson stated that the change requested is the following: II. Parks & Recreation Department Director $16.50 Head Lifeguard $15.00 Instructor Lifeguard $14.00 JJ. Police Department Special Patrolmen $15.00 Delete the following positions: Special Sergeant, Special Lieutenant, Special Captain Elizabeth Soja stated that the increases in the Parks & Rec Department range from $.50 to $1.50 per hour. Councilor Tillotson stated that it’s difficult to keep the experienced lifeguards. This increase should help with that. He also stated that it costs individuals almost $600 to get all the required certification. Councilor Laflamme stated that regarding the Special Patrolmen’s increases, he is pleased that the Mayor has increased the hourly rate. 11 Motion made by Councilor Laflamme and second by Councilor Krampits to approve. Committee vote 4 – 0 favorable. ITEM #3 ORDERED THAT a Safety Zone, 20 MPH speed limit, established on Front Street starting at the speed indicator sign near Chicopee High School and ending just beyond the Emily Partyka Library be stricken. Councilor Tillotson filed this to be stricken because the City Engineer is working on implementing a school zone for this area which would be better. Councilor Balakier stated that he is in agreement that this should be stricken for now. Councilor Tillotson stated that once the City Engineer is ready to proceed with the school zone then Councilor Balakier can file the appropriate order. Motion made by Councilor Laflamme and second by Councilor Labrie to strike. Committee vote 4 – 0 favorable. ITEM #4 Striking from – Dewey Street – Northeast side (even side) – entire length – PARKING PROHIBITED Mike Horak, 61 Dewey Street, lived for many years on Dewey Street and he has never seen an issue with emergency vehicles getting down the street. He doesn’t understand why this was proposed. Richard Niemiec, 38 Dewey Street, stated that there have never been any problems on the street. The only issue he sees is for drivers coming from Campbell Place onto Dewey because it’s a blind corner. He further stated that if the ordinance is changed to no parking on the other side of street then the problem will just go to the other side. He sees no benefit in doing this. Councilor Dobosz read the following from Tom and Elaine Fournier, 49 Dewey Street. They have lived on Dewey Street for 2 years and there have never been parking issues until recent times as sewer lines were replaced and off street parking not restored pavement and gravel parking areas were removed and replaced with soil as a result this made cars have to be fully parked on the street resulting in a narrow passage for traffic. The on street parking issue effects our circumstances as our home on the street has no driveway. Putting the no parking sign on our side of the street would be problematic. We ask that you remove the no parking signs and allow neighbors to work out parking amongst themselves. If you feel there must be no parking signs then please leave things the way they are. Councilor Dobosz read the following from Patti Theriault, 24 Dewey Street. Could you please advocate on my behalf to remove the no parking signs on Dewey Street. Cars parking on this side of the street is making it extremely difficult to get in and out of my driveway. Councilor Dobosz stated that he also spoke with residents of 181 and 183 Sheridan Street and they are opposed to the no parking signs. If the signs must remain they would prefer they be moved to the other side. Councilor Dobosz stated that he does not think anyone will park on the tree belt as they would have to go over a curb. He further stated that he spoke with every house on the street. 12 Elizabette Botelho stated that she has been the City Engineer since August and this issue has come up before in the fall. After the sewer separation project was complete and tree belts were reestablished as it should have been. Because of that residents were still parking on the tree belt to provide space for travel on the road. In turn running out the tree belt where water could get under the road which causes the road to crack. Per City ordinance parking is not permitted on the tree belt. She and the DPW Superintendent decided that they will repair the damage done to the tree belt and in turn they wanted to see no parking on one side of the street. The residents in the past did not see any issue because cars were parking on the tree belt. To have 2 lanes of travel each lane should be at least 11 feet wide that’s 22 feet. Dewey street in one area is restricted to 19 feet. So allowing parking in the street eliminates one lane of travel. She realizes that Dewey Street is not a heavily travelled street so a compromise is to allow parking on one side. She is very concerned that emergency vehicles will not have adequate access should they need to get down the street. Councilor Laflamme stated that with all due respect ¾ of the City streets are narrow. Chicopee is an old city. This would have to be done throughout the city. The Fire Department has never stated any concerns with Dewey Street. Elizabette Botelho stated that only one residence on Dewey Street is without a driveway. There is plenty of room to install a driveway. Is it the responsibility of the City to provide parking? Councilor Krampits suggested that no parking in the narrowest portion of the street might alleviate some of the problem. Elizabette Botelho stated that the city will be installing berm on Dewey Street to keep residents from parking on the tree belt. Motion made by Councilor Krampits and second by Councilor Tillotson to approve. Committee vote 4 – 0 favorable. ITEM #5 Dewey Street – South side – entire length – PARKING PROHIBITED Motion made by Councilor Krampits and second by Councilor Tillotson to defeat. Committee vote 4 – 0 favorable to defeat. ITEM #6 Striking From – New Ludlow Road / Loretta – Stop #365 – 182 New Ludlow Road – BUS STOP Motion made by Councilor Labrie and second by Councilor Tillotson to approve. Committee vote 4 – 0 favorable. ITEM #7 New Ludlow Road / Loretta – Stop #365 – 2012 Memorial Drive – BUS STOP Councilor Walczak stated that according to the PVTA they have received permission from MassDOT to install the sign on Memorial Drive. 13 Motion made by Councilor Laflamme and second by Councilor Krampits to approve. Committee vote 4 – 0 favorable. ITEM #8 124 Crescent Drive – HANDICAP PARKING Elizabette Botelho stated that she does not understand why the City would be installing a handicap parking sign when there is a parking lot in front of the home. She further stated that this should be a CHA issue. The following was read from Captain Mark Galarneau, Fire Department: After reviewing 4 other such requests several weeks ago and replying with NO CONCERNS from the Fire Dept., I have reconsidered my opinion on this matter. Although the placement of “handicapped” parking signs does not affect the access of the Fire Dept., to the street or buildings, I would recommend denial of such signs on public ways. The city opening up a can of worms by granting these requests. These parking spaces are not assigned to any specific individual. They are a “handicapped parking space” that any driver with a handicapped plate or placard WILL utilize as they see fit. The person who originally requested the “handicapped space” in close proximity to their residence will no longer be able to park there consistently and will request another space be classified as handicapped. Another concern would be access to the sidewalk or their residence from the street without a handicapped ramp from the handicapped parking space. Is the City of Chicopee willing to commit to the expense and time of city personnel to meet these demands. Where will it end. Motion made by Councilor Laflamme and second by Councilor Krampits to deny. Committee vote 4 – 0 favorable. ITEM #9 71-73 Maple Street – HANDICAP PARKING Elizabette Botelho stated that this is a unique situation because this is a one way street. The driver does exit onto a sidewalk. Councilor Krampits stated that there used to be a handicap parking sign at this location in the past but it was removed because the person had moved and the sign was no longer needed. Since then the family living at 76 Maple Street is requesting handicap parking because there are 3 people in the home with handicap placards and all the vehicles cannot fit in the driveway. Motion made by Councilor Krampits and second by Councilor Labrie to approve. Committee vote 4 – 0 favorable. ITEM #10 Minutes – May 8, 2018 Motion made by Councilor Labrie and second by Councilor Tillotson to approve. Motion passed. Meeting adjourned at 7:35 pm. 14 15