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City Council - Ordinance Committee

Regular Meeting

Chicopee, MA · June 11, 2019

AgendaMinutes

Minutes

City of Chicopee City Council Ordinance Committee Members James Tillotson, Chair Fred Krampits, Vice Chair Frank Laflamme Gary Labrie Jerry Roy APPROVED 7-9-19 MINUTES June 11, 2019 The following are the minutes of a public hearing held Tuesday, June 11, 2019, at 6:30 PM Senior Center, Small Garden Room #14A, 5 W Main Street. Members Present: Tillotson, Krampits, Laflamme, Labrie, Roy Not Present: Also Present: Dan Garvey (Associate City Solicitor), Councilor Zygarowski, Tom Hamel, Jeff Cady, Scott Chapdelaine, Sherry Manyak (Executive Director RiverMills) 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 Ordinance Committee discuss creating a light pollution ordinance. Councilor Tillotson stated that the issue arose on New Lombard Road with Estees Trucking. The light shines directly into the residents’ home. He stated that he talked with the owner today and he was going to ask his electrician to adjust the lights. He stated that when you look at this gentleman’s house it looks like a runway of flood lights. He stated that’s the problem Councilor Laflamme stated they have two types of lights on that property. He stated that the eight foot spot lights are the lights that are shining into the resident’s property. He stated that he has been there and the lights blind you. He stated it is like a runway of lights and that is the problem. He stated that there is a twenty five foot fence but the Trucking Company property is higher. He asked if there is anything we can do to help this resident. Jeff Cady stated he is going to send one of the Engineers to look at this. Councilor Dobosz stated that the industrial lights are so bright shining right in the residents’ home. He stated is there something we can do for them. Councilor Tillotson stated that the problem is the liability. He has to protect his property, business and his trucks and yet the people have to live there. He stated that we are trying to figure out an accommodation that would stand the legal test. Attorney Garvey stated a new application in SPRAC would have the ability to review. Councilor Laflamme stated he added these lights in the last three years. Councilor Dobosz stated that the trucking company has been there for the last two decades but they have rented out half the property to Estees which has been there for three years. He stated that they installed these new lights and new infrastructure that they wanted. 1 Discussion of a light ordinance Councilor Laflamme motion to place on file - Councilor Tillotson 2nd the motion- motion passed Committee vote 5 – 0 favorable ITEM #2 Delete Chapter 275-66 A in its entirety And insert in place thereof 275-66 A Burnett Road A. No further business, commercial or industrial development shall occur on Burnet Road from the Ludlow/Chicopee line to the intersection of New Lombard Road and Burnett Road and any appurtenant street for a period of one year commencing on April 1, 2019, and terminating on April 1, 2020, except by special permit. Councilor Tillotson stated if they were going to have something on Burnett Road they would have to do a speed study to see what the outcome would be. He stated traffic on that road is a major problem. Attorney Garvey stated that the ward Councilor is actively pursuing some investigation of what we can do to rectify the traffic issues. He stated it is a period of a year. He stated that we should try to come up with some plan; there are ways to investigate to try to alleviate some of the traffic up there. Councilor Tillotson stated that we will pursue methods of addressing the traffic. Pursuing the traffic issues Committee vote 5 – 0 favorable ITEM #3 Chapter 230 Add Chapter 230-3A Sewer Betterment Assessment §230-3A 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 2 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. 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 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. 4 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 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 5 The betterment cost to be apportioned among properties specially benefiting from the betterment (the Betterment Assessment) 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. 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. 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 6 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. Attorney Garvey stated that this already went through all the committees and was passed by the Council. He stated when we created the new Chapter 230 once we consolidated water and sewer; this order will put it in the proper format, in the proper section in the sewer ordinance. Councilor Krampits motion to approve – Councilor Tillotson 2nd the motion – motion passed Committee vote 5 – 0 favorable ITEM #4 Chapter 230 Add Chapter 230-23 (D) Sewer Backup Program D. Sewer Backup Prevention and Cost Sharing Program. (1) Objective. The intent of this program is to reduce and eventually eliminate sewer surcharging and potential backups into homes/buildings. The removal of the ground water, and wet weather water from the combined sewer system and/or installation of approved sewer backup prevention device(s) will enhance the health and safety of our environment. The reduction/removal of wet weather flows from the combined sewer system allows for the City to only treat actual sanitary sewer flow and reduces the costs associated with treating sewage for all rate payers. The Sewer Backup Prevention Program is intended to separate the inflow and infiltration from building footings, foundation drains and roof leader connections from the sanitary sewer system. When heavy rains, continuous wet weather, sudden thunder storms or downpours occur; the combined sewer system may become surcharged. Surcharging is the overfilling or overloading of the designed pipe capacity. The overloading of the pipe causes the incoming flow to slow down and sometimes backup. The causes of the surcharging are attributed to several factors such as: combined one-pipe sanitary and drain sewer system; foundation and footing drains of homes directly connected to the sewer system introducing constant groundwater flow into the sewer system; roof leaders and gutters that are directly connected to the sewer system allowing rain water from outside of the building to enter the sewer system. By removing the outside water sources from the combined sewer system, and/or installation of approved sewer backup prevention devices, the potential for surcharging is reduced considerably during wet weather events. 7 (2) Authority. The Commission is authorized to establish the Sewer Backup Prevention and Cost Sharing Program, and promulgate administrative rules and policies to implement the program. (3) Program Elements. The program must contain the following elements: (a) Description and overview of the Program (b) Criteria to be used by the City to determine eligibility for the Program. (c) Applicant responsibilities and Program Application (d) Reimbursable costs. (e) City and Property Owner Agreement (f) Cost sharing of 75% of eligible costs, up to a maximum $2,000 per application. (g) Participation is limited to one approved reimbursement per address. (4) Funding. The Sewer Backup Prevention and Cost Sharing Program is to be funded by appropriation to the dedicated line item for this purpose in the Public Utilities budget. Cost sharing will be on a first completed application first served basis, with participation limited by each fiscal year funding. Councilor Laflamme stated it’s a good thing for the residents and something we need to do. He stated it’s a benefit. Councilor Laflamme motion to approve – Councilor Tillotson 2nd the motion – motion approved Committee vote 5 – 0 favorable ITEM #5 Delete Handicap Parking – 98 Woodbridge Road Councilor Tillotson stated that the man is no longer there and the parking spot is no longer needed. He stated the parking is tight and if we could free it up for someone else. Councilor Labrie motion to delete – Councilor Tillotson 2nd the motion – motion passed Committee vote 5 – 0 favorable ITEM #6 Delete 61-2 Other responsibilities The City Messenger shall: A. 8 Be custodian of the City Hall and Annex, the public safety complex, the Little Red School House, the library and fire station, the public building on Britton Street and the C&ROP building on Center Street. The City Messenger shall, under the direction of the Mayor, be custodian of all City buildings listed above. He shall be responsible for the maintenance of the buildings and grounds and have charge of all employees and records pertaining to the same. B. Prepare rooms selected for polling places and have equipment available in due time for the proper conduct of elections. § 61-3 Assistants. The Assistant City Messenger and all other employees having the care and maintenance of the City Hall buildings and grounds shall be responsible to the City Messenger, under the direction of the Mayor. § 61-4 Retention of certain fees. The City Messenger shall in no case receive any fee, other than his salary, for his services in or about the City buildings, except for services at balls, fairs or festivals, rendered after the hour of 9:00 p.m. and any such fees received by him may be retained by him as his own property. § 61-5 Subdivision and assignment of parking spaces. The City Messenger is directed to subdivide, line and number the municipal parking lot adjoining the City Hall Annex into 26 parking spaces, two designated for handicapped parking. The remaining parking spaces shall be assigned by the City Messenger for the use of municipal departments. Councilor Tillotson stated that the other duties of the City Messenger will now be transferred over to the combination of the city side and school side. He stated that this is a one year agreement until March of 2020 and if we are not happy with it the Mayor and the City Council can withdraw. Someone from the Library stated that she is glad to get some help now. She stated that all we rely upon now is what the contractors tell us. She stated we really need somebody with some expertise to sort through it and decide what’s best for us. It’s also very expensive to the Library budget and our resources. Councilor Laflamme stated he is in favor of this. He stated that he doesn’t want to take away from the City Hall Maintenance staff, they have a minimal staff. He stated that the School Department has the Masons and the ability to do more. He stated that Scott Chapdelaine is teaching his staff to do more throughout the city. He is training them to combat some of the problems before they happen. He stated that no one will lose their job. He stated it is going to work well. He stated that Scott Chapdelaine is going to work with the City side and it will be all one. Sherri Maniak stated that Scott and his team have helped the Senior Center with such things as the HVAC air conditioning unit, plumbing, and electricians. She stated that we are getting six hundred and fifty plants and he is going to get the manpower to do it. Councilor Zygarowski asked if this will affect any of the unions. Councilor Tillotson stated there are some issues that are being negotiated on. He stated the custodians in the School Department make more money and have two more days’ vacation than the City Hall custodians. He stated that we were willing to pay the City Hall Custodians equal to the School Custodians but the School said if the City Hall Custodians get a raise than they want a raise which defeats the purpose in the first place. He stated that this is an issue and the Mayor is working on it again to get them to all agree and earn the same 9 money for doing the same job. He stated that we have an exit clause if we run into some serious problems. He stated if it becomes a real issue or a moral issue Mr. Chapdelaine will let us know. He stated it could become a problem if custodians are working side by side and one is making three dollars more than the other. Councilor Laflamme stated that Scott Chapdelaine is working with the DPW so equipment is being shared. Attorney Garvey wanted to explain why we are doing this. He stated that the City Charter is a governing document that governs how we operate in the city and in the school department. He stated in order to change that we have to go to Boston to seek permission to change the charter. In the Charter there’s something called the City Messenger. He stated that when the Charter was established in 1898 the City Messenger had the duties of delivering mail to the City Council, attending meetings and doing miscellaneous things. He stated at some point forty or fifty years ago there was a need for custodial staff in city buildings so at that time we did not create a Facilities Department for taking care of custodial duties of the city building. What we did was just add to that persons duties and have him the head of custodial operations for the city side. He stated that we can’t eliminate the City Messenger position without going to Boston. He stated what this does is allows us to go back to the City Messenger with those duties that were originally appointed to that position. He stated that now what we’re doing is illuminating the position of custodian for the city buildings and that gets us out of the ordinance. He stated what the city has decided to do is to enter into a written agreement with the School Department whereby Mr. Chapdelaine would be head of the custodial services for all school and city buildings. It’s a contract that’s going to be executed between the city and the school. He stated that every March we have an opportunity to withdraw from that contract and it gives us time to create a new ordinance for a Facilities Director for the City of Chicopee for the city side and fund it appropriately in July. Attorney Garvey stated he does not think at this time it’s appropriate to change the charter to create this position on the city side. It gives us an opportunity to see how this works for the city and the school department. He stated if this works we can change the charter. He stated that’s why we entered into this arraignment. Councilor Tillotson stated he would not be in favor of going through the charter it would have delayed the whole process. Councilor Laflamme motion to approve – Councilor Tillotson 2nd the motion – motion passed Committee vote 5 – 0 favorable ITEM #7 Chapter 95 Add the following to the end of 95-1 A The City Council may exempt any vehicle from this Section by majority vote of the full City Council. To read: A. All motor vehicles owned and operated by the City of Chicopee shall be painted and marked as follows: (1) Color: federal highway safety yellow or chrome yellow or equal, except that the Superintendent of Schools, the Superintendent of the Water Department, the Superintendent of Parks and Recreation, the Supervisor of Motor Equipment, the City Engineer, the Assessor, the Superintendent of the Department of Public Works, the Building Commissioner, the City Treasurer, Sealer of Weights and Measures, three recycling vehicles, all used recycled City vehicles which are not currently federal highway safety yellow or equal that are accepted into the general fleet, one flatbed truck (recycling fleet), recycling vehicle received from the Department of Environmental Protection, municipal home vehicle, the library vehicle, Council on Aging vehicles and the central maintenance service truck shall be exempt from this 10 requirement. The City Council may exempt any vehicle from this Section by majority vote of the full City Council. As amended by the Council Chapter 95 Add the following to the end of 95-1A The City Council may exempt any vehicle from this Section by vote of the full City Council. To read: A. All motor vehicles owned and operated by the City of Chicopee shall be painted and marked as follows: (1) White The City Council may exempt any vehicle from this Section by majority vote off the full City Council. Councilor Laflamme stated the reason that Councilor Tillotson and I brought this forward is that we started seeing that we had to pay for our trucks to be painted yellow. He stated it was almost five thousand for two trucks. He stated that he did some research and talked to Central Maintenance. He stated that all vehicles are going white in the School Department, all Chicopee Electric vehicles are white and some of the city vehicles are white. Councilor Laflamme stated that the yellow vehicles are dull from the sun and the paint fades away, on white it does not. He stated that he would like all the city vehicles white. He stated that they will all have the blue plate, City emblem and extra lighting on them. He stated that he is looking to save taxpayers money. He stated that he is in favor of this. He stated that safety first, extra lighting and reflectors. Councilor Labrie asked if the Fire Department is excluded. Councilor Laflamme stated yes, they are not on the order they follow under a different code. Councilor Tillotson stated if you get a real bargain on a yellow then you go with yellow. Councilor Zygarowski asked if the vehicles are bought at Central Purchasing. Councilor Laflamme stated yes it’s the state bidding. Scott Chapdelaine stated that we’ve always bought white vehicles; the only time we’ve transitioned off of white is if a vehicle goes down and it’s what they had in stock. Councilor Tillotson stated we could use this ordinance to wave the color if we got a good deal. Scott Chapdelaine stated that there’s no safety issue with the white and it’s actually a cleaner color and you don’t always have to wash them like you do a darker vehicle. Councilor Laflamme asked could we make it so the only way it could be altered is for a savings to the city. Attorney Garvey stated anything but yellow doesn’t need a waiver. Councilor Tillotson stated if he comes in for a white and he’s saving four or five thousand dollars then we would wave it. Councilor Laflamme stated he would like all white and anything else other than white should have a reason why. Councilor Laflamme stated when you order a truck off the production line its white.  Councilor Krampits motion to take a two minute recess – Councilor Tillotson 2nd the motion – motion passes  Councilor Krampits motion to return to the regular order of business – Councilor Laflamme 2nd the motion – motion passed Committee vote 5 – 0 favorable ITEM #8 11 926 Chicopee Street – Handicap Parking Councilor Tillotson stated he got a response from Mr. Chaban in the Engineering Department and he wasn’t too excited about a Handicap Parking sign here. He stated that he did not get anything back from the Commission on Disability. Councilor Krampits motion to postpone to the call of the chair – Councilor Tillotson 2nd the motion – motion passed Committee vote 5 – 0 favorable ITEM #9 Paul Street – at the intersection of Paul Street and Wallace Street – Isolated Stop Sign Councilor Roy motion to approve – Councilor Tillotson 2nd the motion – motion passed Committee vote 5 – 0 favorable ITEM #10 Councilor Labrie motion to approve the minutes of May 14, 2019- Councilor Tillotson 2nd the motion – motion passed Meeting adjourned at 7:36 pm 12

Agenda

Ordinance Committee Meeting Tuesday, June 11, 2019 @ 6:30 PM – Senior Center – Small Garden Room #14A ITEM #1 BE IT ORDERED THAT the Ordinance Committee discuss creating a light pollution ordinance. ITEM #2 Delete Chapter 275-66 A in its entirety And insert in place thereof 275-66 A Burnett Road A. No further business, commercial or industrial development shall occur on Burnet Road from the Ludlow/Chicopee line to the intersection of New Lombard Road and Burnett Road and any appurtenant street for a period of one year commencing on April 1, 2019, and terminating on April 1, 2020, except by special permit. ITEM #3 Chapter 230 Add Chapter 230-3A Sewer Betterment Assessment §230-3A 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. 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 1 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. 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. 2 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 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 3 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 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 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. 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 4 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. 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. ITEM #4 Chapter 230 Add Chapter 230-23 (D) Sewer Backup Program D. Sewer Backup Prevention and Cost Sharing Program. (1) Objective. The intent of this program is to reduce and eventually eliminate sewer surcharging and potential backups into homes/buildings. The removal of the ground water, and wet weather water from the combined sewer system and/or installation of approved sewer backup prevention device(s) will enhance the health and safety of our environment. The reduction/removal of wet 5 weather flows from the combined sewer system allows for the City to only treat actual sanitary sewer flow and reduces the costs associated with treating sewage for all rate payers. The Sewer Backup Prevention Program is intended to separate the inflow and infiltration from building footings, foundation drains and roof leader connections from the sanitary sewer system. When heavy rains, continuous wet weather, sudden thunder storms or downpours occur; the combined sewer system may become surcharged. Surcharging is the overfilling or overloading of the designed pipe capacity. The overloading of the pipe causes the incoming flow to slow down and sometimes backup. The causes of the surcharging are attributed to several factors such as: combined one-pipe sanitary and drain sewer system; foundation and footing drains of homes directly connected to the sewer system introducing constant groundwater flow into the sewer system; roof leaders and gutters that are directly connected to the sewer system allowing rain water from outside of the building to enter the sewer system. By removing the outside water sources from the combined sewer system, and/or installation of approved sewer backup prevention devices, the potential for surcharging is reduced considerably during wet weather events. (2) Authority. The Commission is authorized to establish the Sewer Backup Prevention and Cost Sharing Program, and promulgate administrative rules and policies to implement the program. (3) Program Elements. The program must contain the following elements: (a) Description and overview of the Program (b) Criteria to be used by the City to determine eligibility for the Program. (c) Applicant responsibilities and Program Application (d) Reimbursable costs. (e) City and Property Owner Agreement (f) Cost sharing of 75% of eligible costs, up to a maximum $2,000 per application. (g) Participation is limited to one approved reimbursement per address. (4) Funding. The Sewer Backup Prevention and Cost Sharing Program is to be funded by appropriation to the dedicated line item for this purpose in the Public Utilities budget. Cost sharing will be on a first completed application first served basis, with participation limited by each fiscal year funding. 6 ITEM #5 Delete Handicap Parking – 98 Woodbridge Road ITEM #6 Delete 61-2 Other responsibilities The City Messenger shall: A. Be custodian of the City Hall and Annex, the public safety complex, the Little Red School House, the library and fire station, the public building on Britton Street and the C&ROP building on Center Street. The City Messenger shall, under the direction of the Mayor, be custodian of all City buildings listed above. He shall be responsible for the maintenance of the buildings and grounds and have charge of all employees and records pertaining to the same. B. Prepare rooms selected for polling places and have equipment available in due time for the proper conduct of elections. § 61-3 Assistants. The Assistant City Messenger and all other employees having the care and maintenance of the City Hall buildings and grounds shall be responsible to the City Messenger, under the direction of the Mayor. § 61-4 Retention of certain fees. The City Messenger shall in no case receive any fee, other than his salary, for his services in or about the City buildings, except for services at balls, fairs or festivals, rendered after the hour of 9:00 p.m. and any such fees received by him may be retained by him as his own property. § 61-5 Subdivision and assignment of parking spaces. The City Messenger is directed to subdivide, line and number the municipal parking lot adjoining the City Hall Annex into 26 parking spaces, two designated for handicapped parking. The remaining parking spaces shall be assigned by the City Messenger for the use of municipal departments. ITEM #7 Chapter 95 Add the following to the end of 95-1 A The City Council may exempt any vehicle from this Section by majority vote of the full City Council. To read: A. All motor vehicles owned and operated by the City of Chicopee shall be painted and marked as follows: (1) Color: federal highway safety yellow or chrome yellow or equal, except that the Superintendent of Schools, the Superintendent of the Water Department, the Superintendent of Parks and Recreation, the Supervisor of Motor Equipment, the City Engineer, the Assessor, the Superintendent of the Department of Public Works, the Building Commissioner, the City Treasurer, Sealer of Weights and Measures, three recycling vehicles, all used recycled City vehicles which are not currently federal highway safety yellow or equal that are accepted into the general fleet, one flatbed truck (recycling fleet), recycling vehicle received from the Department of Environmental Protection, municipal home vehicle, the library vehicle, Council on Aging vehicles and the central maintenance service truck shall be exempt from this requirement. The City Council may exempt any vehicle from this Section by majority vote of the full City Council. ITEM #8 926 Chicopee Street – Handicap Parking 7 ITEM #9 Paul Street – at the intersection of Paul Street and Wallace Street – Isolated Stop Sign ITEM #10 Minutes – May 14, 2019 8

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