City Council - Ordinance Committee

City of Chicopee City Council Ordinance Committee Members James Tillotson, Chair Fred Krampits, Vice Chair Frank Laflamme Gary Labrie Jerry Roy APPROVED 9-26-18 MINUTES August 28, 2018 The following are the minutes of a public hearing held Tuesday, August 28, 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, Roy Also Present: Dan Garvey (Associate City Solicitor), Elizabette Botelho (City Engineer), Councilor Dobosz, Councilor Walczak, Councilor Balakier, Councilor Zygarowski, Councilor Courchesne, Tom Hamel (Consultant), Lee Pouliot (Planning Director) 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 ORDAINED THAT THE CITY OF CHICOPEE HEREBY ADOPTS, APPROVES AND AUTHORIZES THE FOLLOWING SEWER BETTERMENT ORDINANCE ACCORDING THE CITY CHARTER, THE AUTHORIZATIONS AND REQUIREMENTS OF CHAPTERS 80 AND 83 OF THE MASSACHUSETTS GENERAL LAWS AND ANY OTHER LAW OF THE COMMONWEALTH OF MASSACHUSETTS. CITY OF CHICOPEE CITY COUNCIL AN ORDER AMENDING THE CITY OF CHICOPEE’S CODE OF ORDINANCES TO INCLUDE A SEWER BETTERMENT ASSESSMENTS ORDINANCE. Whereas, the City of Chicopee has absorbed the costs of major sewer infrastructure improvements for years and continues to face the exorbitant costs of complying with environmental regulation of its sewer and storm drain separation; and 1 Whereas, in addition to the ongoing city-wide sewer separation project, the localized demands for infrastructure projects required to meet the needs of the natural growth, improvement and advance of the sewer system throughout the City also impose great financial burdens on City departments and services; and Whereas, the demands enumerated above and the costly nature of 21st-century sewer services have compelled the City to make a significant change in policy codified by this Ordinance and henceforth imposing a thoughtful and strategic process for deploying tax dollars, grants and any other resources available NOW AND THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICOPEE AS FOLLOWS: SECTION 1. Section 230-3 of the Code of Ordinances entitled “Petitions for Public Sewers” is hereby deleted and repealed in its entirety. SECTION 2. A new Section 230-30 entitled “Sewer Betterment Assessments” is hereby ordained and is added to the City of Chicopee Code of Ordinances by inserting the following new language: §230-30 SEWER BETTERMENT ASSESSMENTS A. PURPOSE The purpose of this Ordinance is to allow private residential or commercial properties which are not connected to the City’s sewerage system to connect to that system, and to allow those properties whose connection to the City’s sewerage system is in a state of disrepair or is inadequate to meet the needs of such properties, to be repaired or made adequate. This Ordinance establishes procedures for the City to assess betterment charges against such properties in accordance with the City Charter and the laws of the Commonwealth, and to take ownership of the betterments so constructed and any interest in real property necessary to do so. This Ordinance affirms that building sewers connected to the extension of the sewerage system contemplated by this Ordinance, will remain under the ownership of the property owner. B. DEFINITIONS Benefit. Benefit shall mean an advantage accruing to a property by means of the construction of an extension to the sewerage system. There are two types of benefits, a general benefit and a specific benefit. Building Sewer – The privately owned extension from the building drain to the public sewer or other place of disposal. City or City of Chicopee – A municipal corporation in the county of Hampden, Massachusetts. Commission shall mean the Chicopee Water and Sewer Commission. General Benefit. General Benefit shall mean the advantage accruing to a property which is already connected to the sewerage system. An example of such an advantage would be better flow of sewage from that property or less likelihood of a sewer back-up due to increased capacity of the system. 2 Special Benefit Special Benefit shall mean the advantage accruing to a property which for the first time may be connected directly to the sewerage system due to the construction of the extension of the system. Order of Construction and Assessment. Order for Construction and Assessment shall mean the final form of the original Petition for Construction and Assessment as adopted and approved by the City Council and recorded at the Hampden County Registry of Deeds. It shall contain all information required by Chapter 80 and 83 of the Massachusetts General Laws, including all of the information required by a Petition for Construction and Assessment but specifically, a list of owners and parcels and streets to be assessed. Petition for Construction and Assessment. Petition for Construction and Assessment (“Petition”) shall mean either a petition for extension or improvement of the sewerage system signed by not fewer than fifty percent (50%) of the owners of land abutting a Private Way as set forth in Section D(i.)(b), or a Petition initiated upon the recommendation of the Superintendent as set forth in D(i)(a). Such a Petition shall have a standard cover sheet and shall refer to a plan identifying the proposed improvements and affected parcels of land as well as the list of owners to be assessed. A successful Petition shall be supported by attached data, plans, estimated costs and any other pertinent information. Private Way. Private Way shall mean a privately owned street that has not been accepted by the City Council as a public way. Property Owner. The property owner of record at the Registry of Deeds as of the date of the betterment assessment and as of January 1st of the year in which the taking is approved. Public Sewer – A sewer in which all owners of abutting properties have equal rights, and is controlled by the City of Chicopee. Public Way. Public Way shall mean a street formally accepted by legislative act of the City Council and open for travel owned in fee or easement by the City of Chicopee and the general public. The Department of Public Works Superintendent – The person designated by the City of Chicopee to supervise the Department of Public Works, and who is charged with certain duties and responsibilities by this Code, or his duly authorized representative. C. AREAS OF RESPONSIBILITY i. Responsibilities of the Superintendent. The Department of Public Works Superintendent shall review all Petitions for sewerage system extensions and the analysis of such Petitions by the City Engineer. The Superintendent’s review shall include an analysis of whether the work will benefit the people of the City of Chicopee and that the extension of the sewerage system, when completed, will result in an improvement in their living conditions. The Superintendent shall initiate and ensure that all public hearings are duly advertised and held in compliance with the Massachusetts Open Meeting Law. ii. Responsibility of the City Engineer. 3 The City Engineer shall review all Petitions for sewerage system extensions. The City Engineer’s review shall include an analysis of the need for the extension and its compatibility with the existing system, and shall insure that any design of such extension complies with all engineering and design requirements of the City. In addition, the City Engineer may make recommendations to extend the sewerage system on Private Ways based on analysis that the overall sewerage system would be improved by construction of such an extension. iii. Responsibility of the City Solicitor The City Solicitor shall be responsible for drafting the Order of Assessment and filing it in the Hampden County Registry of Deeds following its approval and certification as a public record by the City Clerk. iv. Responsibility of the DPW Financial Administrator. The Financial Administrator shall be responsible for ensuring that all betterment assessments are properly computed, and billed, whether on the regular monthly bill or on a special bill. D. PROCEDURE FOR APPROVAL OF BETTERMENTS i. Requesting the Construction of Betterment and filing of the Petition for Construction and Assessment with the City Council. The decision to extend or improve the sewerage works system within the City of Chicopee shall be by the recommendation of the Superintendent to the City Council following a public hearing, in consultation with the City Engineer. A request to extend the system shall be initiated in one of two ways outlined here: a. by a written recommendation of the Superintendent to the City Council after a study of the sewerage system, taking into account the need for a sewer in the street, the need for increased capacity of an existing private sewer, or the need to replace an existing sewer for environmental or public health reasons; or b. by Petition to the Superintendent of not fewer than fifty percent (50%) of the owners of land abutting the specific streets affected. ii. Nature of Petition for Construction and Assessment (“Petition”). Any Petition for Construction and Assessment submitted to the City Council authorized by this Ordinance shall 1) describe the area to be benefitted by the particular project 2) state with specificity the reason for the request 3) state the nature of the work to be done and 4) state whether it is to be done in a Public Way or a Private Way requiring a taking or conveyance of any necessary interest in real estate and an estimate of the cost of the work or taking. The Petition shall acknowledge that facilities constructed under this Policy will be the sole property of the City of Chicopee. The form of a Petition to the City Council according to Sections D(i)(a) and D(i)(b) above shall be submitted with a standardized cover sheet, introductory correspondence and an executive summary, and all support data and documentation outlining the criteria established in this Ordinance. The Petition for Construction and 4 Assessment must refer to a plan of the area according to M.G.L. c. 80 § 2 and must identify all of the streets in which infrastructure is to be installed and any parcel that will be assessed. M.G.L. c. 83 §§ 25 and 27. A Petition from the Superintendent according to Section D(i)(a) may rely on information and materials prepared by private residents or their engineers, which must be submitted with the Petition to the City Council. iii. Preliminary Evaluation of the Petition. Upon receipt of the Petition from residents according to Section D(i)(a) or upon his or her own initiative, the Superintendent shall circulate and forward the Petition to the City Engineer and the City Solicitor. The City Solicitor shall review the Petition to ensure conformity with the requirements of this Ordinance. If the City Solicitor finds the Petition to be deficient under this Ordinance, then the City Solicitor shall inform the Superintendent and the City Engineer immediately, and the Petition shall be rejected, with written notice sent to the petitioners detailing the reasons why the Petition was rejected. If the Petition conforms to the requirements of this Ordinance; the City Solicitor shall approve the Petition “As to Form”. The City Engineer shall examine the need for the extension or improvement of the sewerage system, and in the case of an existing sewer, shall inspect said facility. The City Engineer shall make a report of findings, including an estimate of cost and submit it to the Superintendent and copy to the City Council. iv. Public Hearing. In the case of a recommendation of the City Engineer pursuant to Section D(i)(a) of this Ordinance and in the case of a Petition submitted pursuant to Section D(i)(b) of this Ordinance, within thirty days of the transmittal of the City Engineer’s recommendation or the Report, as the case may be, the Superintendent shall cause to be advertised a public hearing concerning the extension or improvement of the sewerage system, in accordance with the Open Meeting Law. Notice of the hearing shall be sent by first class mail, postage prepaid to all owners of land abutting the streets affected. The hearing shall be chaired by the Superintendent or his or her designee, and relevant Department of Public Works staff shall present its findings regarding the Petition or the recommendation for extension or improvement of the sewerage system, including a summary of the Report or the recommendation of the City Engineer. Any member of the public may present data, views or argument relevant to the proposed extension or improvement of the sewerage system. v. Approval of the Petition for Construction and Assessment; Order of Construction and Assessment. Once the Superintendent conducts a public hearing on the Petition, the City Council shall review the Petition and the analyses of the City Engineer and the Superintendent, data, views and argument presented at the public hearing, and shall make a timely preliminary decision regarding the petition at a duly noticed meeting of the City Council. The decision of the City Council shall be in the form of an Order of Assessment passed by a majority of the City Council, which will be communicated, in writing, to all owners of land abutting the street where the infrastructure improvement is to be constructed. A final determination by the City that the extension or improvement is to be built shall be made not later than the time the contract for construction of the extension is awarded. Within ninety days of the final determination, the Order of Construction and Assessment adopted by the City Council shall be filed in the 5 Hampden County Registry of Deeds. The Order of Construction and Assessment shall detail the nature of the City Council’s action and state that betterments are to be assessed for the system extension. The Order of Construction and Assessment shall specify the street or streets in which the sewer is to be located, identify the properties specially benefited by the extension, identify the owners of said properties as appearing on the City of Chicopee Assessor’s records on the preceding January 1, and estimate the dollar amount of the betterment to be assessed against each such property in accordance with Section (4)(b) of this Policy. E. FINANCING THE PROJECT The betterment cost to be apportioned among properties specially benefiting from the betterment (the Betterment Assessment) shall be fifty percent (50%) of the estimated cost to the City of designing and constructing the work at the time the final approval of the sewerage system extension or improvement is made by the City Council. The Betterment Assessment shall be assessed in accordance with this Ordinance, the City Charter and the provisions of Sections 14 through 24 and 27 through 29 of Chapter 83 of the Massachusetts General Laws, governing the assessment of betterments for the improvement of the sewerage system and Chapter 80 of the Massachusetts General Laws, governing the assessment of betterments generally. i. Procurement Practices. Any system extension work is a capital construction project of the City. The City shall follow all applicable federal and state laws, its own Policy on Procurement, and procurement and engineering practices with respect to the design, engineering and construction of the project. Costs associated with the project shall be segregated by the City, for the purpose of assessing the Betterment Assessment. ii. Determination of Betterment Assessment. Within six months following the completion of construction of the project extending or improving the sewerage system, the City Council shall assess the Betterment Assessment against those parcels which have accrued a Special Benefit as a result of the extension of the system. Each parcel that is specially benefited by the extension shall be assessed its proportion of the Betterment Cost by the uniform unit method described in Massachusetts General Laws Chapter 83 Section 15. Under this method, the costs to be assessed shall be divided among the total number of existing and potential sewer units to be served. Each such sewer unit shall be equal to a single family residence. Existing sewer units shall be calculated on the basis of existing structures. Potential sewer units shall be calculated on the basis of zoning then in effect. Parcels shall be allocated existing sewer units, potential sewer units, or both. No parcel which, by reason of its grade or level or any other cause, cannot be drained into such sewer shall be assessed until such incapacity is removed. A parcel directly connected to the sewerage system or to a private sewer system not the subject of the sewerage system which is the subject of the Petition shall be deemed not to benefit from the extension of the system and shall not be assessed a Betterment Cost; provided, however, that should the property at a later point in time seek to connect to the extension of the sewer system it shall be charged a connection fee commensurate with the Betterment Cost which would have been assessed had the property been benefited by the construction of the betterment. In no event shall the amount of the betterment assessed against a parcel exceed the amount estimated in the Order of Assessment filed in the Registry of Deeds. iii. Apportionment of Payment. 6 A property owner has the option of paying the assessed amount to the City apportioned over a period of 20 years. The payment shall include interest at the rate equal to the interest rate chargeable to the City. A property owner whose payment is apportioned may pay the total amount of the outstanding Betterment Cost at any time. iv. Betterments to Constitute a Lien. All betterments shall constitute a lien on the property assessed from the time the Order of Construction and Assessment is filed with the Hampden County Registry of Deeds with the list of Streets and owners of each parcel to be assessed and will remain in effect until the time the assessment is paid in full. Demands shall be sent and takings made not later than October 1 in the second year following the filing of the Order of Construction and Assessment or, in the case Betterment Assessments apportioned over a period of 20 years, not later than October 1 in the year in which the final payment becomes due. Liens terminate by operation of law two years after the final payment is made in accordance with Chapter 80 of the Massachusetts General Laws. F. PROPERTY OWNER REMEDIES Property owners aggrieved by a Betterment Assessment under this Ordinance may seek an abatement by filing an application with the City Council within six months of the date by which the City Collector mailed the assessment notice. M.G.L. c. 80 § 5. The City Council has six months from the filing date of the application to review said Application for Abatement and must notify the applicant within 10 days of a decision. Alternatively, and/or simultaneously, the aggrieved owner may bring suit in the Massachusetts Superior Court to challenge the validity of the Assessment in accordance with M.G.L. c 80. Chairman Tillotson stated before the committee tonight is whether to adopt this betterment ordinance. If adopted then the situation at Bluebird Acres could be addressed. There is no agreement before the committee tonight. The first step is to get an ordinance in place which is before the committee tonight. This ordinance is not specific to Bluebird Acres but is for anyone in the city that needs a betterment. Public Input Paul Gelino, asked whether grants could be looked into or have been already? Tom Hamel stated that last Friday an application was submitted for a state refunding fund. Under that some of the money could be grant money. He further stated that the state has a loan program. Chairman Tillotson stated that he spoke with the Mayor and that he was agreeable to making the following change to allow more flexibility: E. Financing the Project The betterment cost to be apportioned among properties specially benefiting from the betterment (the Betterment Assessment) shall be fifty percent (50%) of the estimated cost to the City of shall be established by the City Council with approval of the Mayor for designing and constructing the work at the time the final approval of the sewerage system extension or improvement is made by the City Council. 7 Motion made by Councilor Laflamme and second by Councilor Tillotson to approve. Committee vote 5 – 0 favorable. ITEM #2 Chapter 275-51.1 Membrane-covered structures Add to Chapter 275-51.1 B (3) Notwithstanding anything to the contrary, the City Council may waive the dimensional requirements for good cause shown. To read: The structure complies with the dimensional requirements of the zoning district in which it is located and the requirements of the Massachusetts Building Code. Notwithstanding anything to the contrary, the City Council may waive the dimensional requirements for good cause shown. Lee Pouliot stated that he has not seen any issues with setback requirements. The Zoning Board of Appeals has the authority to waive dimensional requirements. Councilor Laflamme stated that the reason he filed this proposed ordinance was to lower the costs for applicants. Because the City Council utilizes the Chicopee Register for legal ads the costs are lower to the applicant. The current fee for the Zoning Board of Appeals is $400 versus the cost of a special permit through the City Council is $50 plus the cost of the legal ad which have been averaging around $80. Lee Pouliot stated that he will work with the Law Department to obtain an opinion whether the ZBA could utilize the Chicopee Register for legal ads. He did caution that the submission deadlines would need to be altered to meet the deadlines of the Chicopee Register which could ultimately have the applicant wait a couple of months for a decision. Councilor Laflamme stated that he is ok with the committee defeating it at this point and for Lee to research the matter to lower the costs. Committee vote 0 – 5 unfavorable. Defeated. ITEM #3 Chapter 7 Ordinance revisions for Non Union Positions for FY 2019 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) 8  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 $44,129.28 b. Assistant City Solicitor 44,129.28 c. Chief of Litigation 47,128.68 d. Associate City Solicitor (3) 44,129.28 (each) e. Council – Legal Counsel 44,129.28 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 $45,390.80 Grade 6 b. Clerk 30,466.80 Grade 3 L. Office of the Mayor a. Chief of Staff $52,325.00 Grade 8 b. Staff Assistant 43,716.40 Grade 5 c. Special Projects Manager 43,716.40 Grade 5 d. Economic Development Manager 65,000.00 M. Auditing Department a. Senior Accountant $62,280.40 Grade 8 N. Office of the Treasurer a. Assistant Treasurer $62,280.40 Grade 8 O. Law Department a. Paralegal $48,848.80 Grade 6 P. Human Resources a. Generalist (1) $42,787.12 Grade 5 40 hrs/wk b. Benefits Coordinator 44,387.20 Grade 6 40 hrs/wk c. Senior Generalist 64,313.60 Grade 7 40 hrs/wk d. Administrative Assistant 23,480.96 Grade 1 40 hrs/wk Q. Office of the City Clerk a. Compliance Officer $20,836.92 Grade 4 R. Planning Department a. Development Manager $52,689.00 Grade 8 S. Council on Aging a. P.T. Office Receptionist $ 2,160.80 9 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, 2018. 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 10  EE. Flood Control Department a. Temporary Laborer $ 11.00 per hour 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 a. Legal Intern (2) $ 15.00 per hour 11  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. Motion made by Councilor Laflamme and second by Councilor Tillotson to approve. Committee vote 5 – 0 favorable. ITEM #4 Chapter 260-28 Parking of Commercial Vehicles Delete from Chapter 260-28 A (excluding recreational vehicles) Delete from Chapter 260-28 B (excluding recreational vehicles) Councilor Courchesne stated that he has issues with residents parking their recreational vehicles on the street and in order to comply with the ordinance they move the vehicle three feet forward or three feet back to be in compliance. This proposed ordinance would eliminate that problem. The proposal to 260-28B (excluding recreational vehicles) would prohibit parking of recreational vehicles on residents personal property. The committee is not in favor of prohibiting parking on personal property. Councilor Courchesne said that he is ok with keeping the 260-28 B as it stands. 12 Councilor Courchesne stated that he will work with Attorney Garvey to draft a new ordinance that would include recreational vehicles from parking on the city street that exceed 24 feet in combined length. Committee vote 0-5 unfavorable. Proposed ordinance was defeated. ITEM #5 Delete – 135 Prospect Street – Handicap Parking Motion made by Councilor Laflamme and second by Councilor Tillotson to approve. Committee vote 5-0 favorable. ITEM #6 Delete – 89 Beverly Street – Handicap Parking Motion made by Councilor Laflamme and second by Councilor Tillotson to approve. Committee vote 5-0 favorable. ITEM #7 49 Elm Street – Handicap Parking Chairman Tillotson stated that since the Commission on Disability has not submitted a recommendation this proposed ordinance should be postpone. Motion made by Councilor Laflamme and second by Councilor Tillotson to postpone. Committee vote 5 – 0 favorable to postpone ITEM #8 21 Elmer Street – Handicap Parking Elizabette Botelho stated that this home has a driveway on the side of the apartment. Motion made by Councilor Laflamme and second by Councilor Tillotson to postpone. Committee vote 5 – 0 favorable to postpone ITEM #9 Minutes – June 12, 2018 & July 24, 2018 (Joint Ordinance & Utilities Committees) & July 2, 2018 (Joint Zoning and Ordinance Committees) Motion made by Councilor Laflamme to approve the three sets of minutes. Motion passed. Meeting adjourned at 7:25 PM. 13 14