City Council - Ordinance Committee

City of Chicopee City Council Joint Ordinance Committee & Utilities Committee Approved 8-28-18 by Utilities Committee & Ordinance Committee Members Ordinance Committee Utilities Committee Members James Tillotson, Chair Gary Labrie, Chair Fred Krampits, Vice Chair William Courchesne, Vice Chair Frank Laflamme Shane Brooks Gary Labrie Joel McAuliffe Jerry Roy Robert Zygarowski MINUTES July 24, 2018 The following are the minutes of a public hearing held Tuesday, July 24, 2018, at 6:30 PM in the City Council Chambers, Fourth Floor, City Hall Annex, 274 Front Street, Chicopee, MA 01013. Ordinance Members Present: Tillotson, Krampits, Labrie, Roy Ordinance Member Absent: Laflamme (on vacation) Utilities Members Present: Labrie, Courchesne (arrived 6:35), Brooks Utilities Members Absent: McAuliffe, Zygarowski (on vacation) Also Present: Dan Garvey (Associate City Solicitor) 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 Council for the City of Chicopee does hereby petition the GENERAL COURT OF MASSACHUSETTS for passage of legislation as follows: (1) Repeal ST. 1892, c. 384, An Act to authorize the City of Chicopee to introduce a public water supply. (2) Repeal ST. 1877, c. 103, An Act to incorporate the Chicopee Water Company. (3) Amend the City’s charter, ST. 1897, c. 239, to strike out Section 45 and to remove the reference in section 38 to the “board of water commissioners”. (4) Authorize the City to establish a water department and a sewer department under the Department of Public Works, and to establish a combined water and sewer commission through local ordinance. BE IT FURTHER ORDERED that the City Council for the City of Chicopee does hereby petition the GENERAL COURT OF MASSACHUSETTS that this petition be considered a general vote, which gives the General Court the ability to make substantive changes to the language of the proposed legislation within the general scope of the public objectives. 1 The purpose of this ORDER is to allow the City of Chicopee, by way of local ordinance, to create a new water department and sewer department to be under the general direction of the City and to allow the City of Chicopee Water Department and Sewer Departments to become a division of the City of Chicopee Department of Public Works. Further, this order shall authorize the City of Chicopee to create a combined Water and Sewer Commission by local ordinance whose role and responsibility shall be defined by said local ordinance. Councilor Tillotson stated that this meeting is to discuss the above referenced matter. It is not to discuss any draft ordinances that are out there. He continued that these draft ordinances have never been filed by the Mayor. Before the committees tonight is to amend the Charter and get changes in the state law that will allow the City to have more flexibility with the Water Department. Councilor Tillotson stated that the Sewer ordinance does not need to go through the State process because they were created by the City and therefore, can be amended by the City. He further explained that under a previous administration the Water Commission voted to place the Water Department under the Department of Public Works. However, a new Mayor with a new commission could take and remove the Water Department from the Department of Public Works. Councilor Tillotson stated that this has been going on for over 20 years in trying to figure how to make this work and it has finally come to this crossroad. Attorney Garvey has worked with the attorney from the state to make certain that the language filed is the correct language. Attorney Garvey stated that back in 1892 the state legislature created a law which created the Water Commission. Under that state statute the Water Commission controls the Water Works within the City of Chicopee. He continued that because that is a state statute that is what rules. The City cannot create ordinances that conflict with that. Essentially, the four orders before the committees tonight are asking the state to resend any and all state statutes that were enacted creating the Water Commission and also empowering the Water Commission to deal with all the water works within the City. If the City Council and the Mayor agree to do that, what happens is that any and all state statutes would be repealed. Any reference in the Charter would also be defeated which would then allow the City by way of local ordinance to create a combined or joint Water and Sewer Commission by way of ordinances. What’s before the committees tonight is permission to move forward requesting the State Legislature to repeal the law creating the Water Commission and also to repeal any and all reference in the Charter speaking to the Water Commission. If approved by the state and signed by the Governor, the City starts with a clean slate whereby the City would then create by way of ordinance a joint Water and Sewer Commission as well as create ordinances that control the Water Department and the Sewer Department which would then be under the general control of the Department of Public Works. Public Input Jim Raschilla, 124 Ingham Street, stated what he just heard that we don’t have the authority to create ordinances under the Water Department under the current Charter and yet the Water Commission approved going under the DPW which is an ordinance. He continued that this is a major change that the public is not aware of. Councilor Tillotson stated that the Council has no control over the Water Department right now. The Mayor makes the appointments and the Council does not confirm the Commissioners. Mr. Raschilla stated that this matter should go before the voters because it’s a major change to the City’s structure. The City has been operating under the current practice for over 100 years and all of the sudden something is wrong. He feels that this should be on the ballot. The citizens have no general knowledge of this proposed major change in the structure of the City. Attorney Garvey stated that nothing prevents the City from creating an ordinance but what cannot happen is create an ordinance that could be interpreted as a violation of the Commission’s power which in his opinion is unlimited. To answer how the Water Commission came to be under the DPW. Attorney Garvey stated that it was not by ordinance. It was done by a vote of the Water Commission. He also stated that voters will have the opportunity to come before the City Council to voice their concerns as to how it should be structured and where 2 the power should rest. Councilor Tillotson stated that the Councilors get elected to make the difficult decisions. He further stated that as written in legal terms this order goes on the ballot citizens won’t understand what they are voting for or against. He further stated that in the 21st century it’s unrealistic for three part time commissioners to be managing the Water Department. Robert Allen, 212 Summit Avenue, asked if the issue is not having enough representation on the Water Board? If so, could the number of commissioners be increased? Councilor Tillotson stated that the number cannot be increased because state statue allows for 3. Councilor Tillotson stated that the public is welcome in the Chambers at any meeting. The meetings are posted in city hall and on the website. Mr. Allen stated that the city should advertise these meetings in the newspaper just like in today’s paper. Councilor Tillotson stated that what appeared in today’s paper was a letter to the editor which any citizen can do. Jim Raschilla asked what guarantee is there that there will not be comingling of funds? So that the water fee is only used for water and sewer fees are only used for sewer. He stated that this needs to be considered before it goes to Boston. Attorney Garvey stated that he spoke with the City Auditor and the money will be separated. Mr. Raschilla continued that the Water Department buys a truck and that truck is used by the DPW, that’s separation of funds? Attorney Garvey stated that the receipts are separated. Councilor Tillotson stated that this issue has to be refined. Mr. Raschilla stated that MGL prohibits this type of activity. Tom Hamel, Consultant, stated that there are draft ordinances out there that need to be worked on. It is a good idea to have open meetings on the issue to get input. This proposal to the State would bring power back to the community to decide what it best for the community. Almost the entire United States is Water and Sewer. He stated that he found very few communities in the United States that have not been separated. Alan Starzyk, Acting Superintendent, stated that whatever the City Council decides he would like to point a few things. The Water Department is approaching its 125th anniversary as a department and as such the department will work with whatever structure the Council deems necessary. He continued that points have been made that there are pitfalls with this proposal. He also stated that he feels that the commission that is appointed is the representation for the residents of the City of Chicopee. He continued that it’s important to keep that commission empowered to a certain degree. All the power should not rest in one person. It will not be possible to place all the responsibility on one person who is already responsible for so many other departments. He also stated that there are some land deals that should stay in tack. Councilor Brooks stated that he suspects that there are other communities in the state that have done this very same thing. He’s less concerned about the concept of comingling of funds because the city is subject to audit review. Also, the state legislature would have issue if the City of comingling funds or not appropriating funds correctly. Motion made by Councilor Krampits and second by Councilor Roy to approve and forward to the State Legislature. Ordinance Committee vote 4 – 0 favorable. Utilities Committee vote 3 – 0 favorable. Meeting adjourned at 7 PM. 3 4