City Council - Ordinance Committee

City of Chicopee City Council Ordinance Committee APPROVED 4-27-2021 Members James Tillotson, Chair Fred Krampits, Vice Chair Frank Laflamme Gary Labrie Jerry Roy MINUTES April 13, 2021 The following are the minutes of a public hearing held Tuesday, April 13, 2021 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), Councilor Zygarowski, Councilor Courchesne, Councilor Balakier, Keith Rattell (City Clerk( (phone), Lisa Sanders (Health Director), Elizabette Botelho (DPW Superintendent), John Beaulieu (Assistant to the DPW Superintendent), Ela Soja (Director of Occupational Health and Safety), Jim Deni (Water Superintendent) 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 approve the requested change in the City of Chicopee, Code Chapter 269, Section 264-4.4 by: Deleting Section 264-4.4 Shut-Off, Termination, Let-On and Discontinuance. 1. Shut-off d) The Superintendent may terminate the water service to customers located outside the City of Chicopee who have unpaid balances for sewer use and storm fees. Termination will be in accordance with the Board of Water and Sewer Commission’s written policy and regulations titled “Billing, Termination & Appeal Regulations” And inserting 1. Shut-off 1  d) The Superintendent may terminate the water service to customers who have unpaid balances of water, sewer, storm fees and/or charges. Termination will be in accordance with the Board of Water and Sewer Commission’s written policy and regulations titled “Billing, Termination, & Appeal Regulations” Elizabette Botelho explained that folks that are behind in their water and sewer bills have figured out the system and pay only on the water portion of the bill to avoid getting their water shut off. The Water and Sewer Commission has in place plans for those individuals who are having difficulty making ends meet. Some of the highlights of additions and changes to Payment Plans are:  To prevent water shutoff and/or payment for water to be reinstated. Minimum payment of past due, lowered from 50% to 20% of past due payment. Balance of past due amount extended time to pay from 2 months to 5 months.  Addition of a Hardship Payment Plan for serious illness and/or serious financial loss. Superintendent may or may not require the 20% past due payment. Total past due can be extended to 12 months. This is limited and to be utilized only once by the customer. Under both plans the customers are required to keep current with water, sewer and storm fees and/or charges. Motion made by Councilor Laflamme and second by Councilor Tillotson to approve. Committee vote 5 – 0 favorable. Item #2 Chapter 144 DELETE : § 144-20(I) Persons who fail to obtain a license as required within the time period specified in this chapter shall be fined $5 for each month or part of a month they are late in obtaining such license, up to a maximum fine of $50 per dog. INSERT IN PLACE THEREOF: § 144-20(I) (1) Persons who fail to obtain a license as required within the time period specified in this chapter shall be fined $5 for each month or part of a month they are late in obtaining such license, up to a maximum fine of $50 per dog. (2) Notwithstanding the foregoing, the City desires to implement a limited period amnesty program which shall expire on April 30, 2009. The amnesty program is being implemented in order to encourage persons with no or delinquent dog licenses to properly vaccinate and license their dogs on a voluntary basis. 2  (3) In order to encourage participation in the amnesty program , the City will forgive past license fees due in addition to forgiving the imposition of a late fees so long as a Pet Owner complies with the following: (i) The licensing application as required under this Section is delivered by the Pet Owner in person to Office of the City Clerk on or before April 30, 2022 at 4:30 p.m. (ii) The Pet Owner shall provide necessary vaccination documentation along with the appropriate licensing fee to the Office of the City Clerk on or before April 30, 2022 at 4:30 p.m. (iii) This amnesty program shall not invalidate the prohibition against the licensing of more than three dogs to a single residence as detailed in Section (M) below. (4) This amnesty program shall expire at 4:30 p.m. on April 30, 2022. This proposed ordinance does not penalize individuals the $50 late fee. This will be until April 30, 2022. Keith Rattell stated that individuals still need to license his/her dog and pay the $5 if spayed or neutered or $25 if not spayed or neutered. The late fee will be waived. Motion made by Councilor Laflamme and second by Councilor Tillotson to approve. Committee vote 5 – 0 favorable. Item #3 Chapter 169-40 Delete in its entirety Chapter 169-40 Maintenance; violations and penalties; enforcement And insert in place thereof ARTICLE V Receptacles for Used Clothing § 169-40. Maintenance; violations and penalties; enforcement. A. Every person, organization, corporation or partnership or other entity who places a receptacle for the purpose of collecting articles of used clothing within the City of Chicopee shall obtain a permit to maintain such a receptacle on an annual basis. The annual permit shall be issued by the Chicopee Office of the Clerk. The annual fee shall be $200 per receptacle and valid January 1st through December 31st. A sticker will be issued by the City Clerk and must be placed upon each receptacle B. All items so collected shall be completely contained within said receptacle. C. Every person, organization, corporation or partnership or other entity owning the land upon which said receptacle is maintained in addition to the owner of the receptacle shall be 3  responsible to maintain the receptacle in a neat, clean and orderly fashion. D. All such receptacles shall conspicuously display the name, address, website and telephone number of the permit holder andthe person(s) responsible for maintaining the receptacle. E. A violation of this section shall result in a penalty of $100 for the first offense, $150 for the second offense and $200 for the third and subsequent offenses. The penalty will be per receptacle at the location and issued to the permit holder and the property owner. F. The Board of Health shall have jurisdiction to enforce said section. Keith Rattell stated that he is in favor of this proposed ordinance. He stated that the previous fee was low and there is a caveat in the old ordinance that states that if you are nonprofit you do not have to pay the fee. He continued that what happened was that clothing bin companies were paying nonprofit organizations to use their name. He is in favor. He feels that this will help clean up the city. John Beaulieu stated that the DPW has removed the clothing bin from the fire station and they are getting ready to remove the bins from the library. He continued that the bins are not being used for the intent designed. People are dumping mattresses and TVs and the DPW removes those items. 2 DPW employees go out every day and look at the bins because the city owned bins are being an eye sore and we cannot have that. Elizabette Botelho stated that there were issues at Fire Station #5 and there are issues now at the Library but cameras have been installed at Station #5 with the intent to put the bins back. The library is also going to get cameras because she feels that even if the bins are removed there will be dumping issues. The cameras are directly linked to the police station. Councilor Tillotson stated that the proposed ordinance has much stricter fines associated with violations. The Health Department will be responsible to monitor the bins throughout the City to make sure that they are not being disposable places and used as intended for used clothing. Councilor Laflamme stated that he does not feel that the cameras will improve the situation. He was not in favor of these bins from the beginning. John Beaulieu stated that they did go through the bags of items dumped at the library and found envelopes inside the trash bags and were able to identify the person who dumped the trash. Councilor Laflamme stated is it worth it? He continued that it’s costing the residents money and is it worth it. He questioned how much does the City make per pound? John Beaulieu stated that the City bins are picked up twice per week and they are monitored. Councilor Tillotson asked how much the church on Montcalm Street was making. John Beaulieu replied that the gentlemen from St. Polly’s Recycling came and told him that he’s now losing $18,000 - $20,000 per year on that bin being closed. He continued that these organizations are for profit. He also stated that these vendors are not local. Some bins are owned by a Westfield Police Officer and they are created a dump site in our City. Councilor Tillotson stated that he will file an order requesting that all departments that have boxes report to the City Council and the Mayor how much money has been earned from the bins. Motion made by Councilor Laflamme and second by Councilor Labrie to approve as is. 4 Committee vote 5 – 0 favorable. Item #4 Chapter 7 Ordinance Revisions Create three new title positions to be subject to the Chapter 7 Ordinance; Group 4; OO Human Resources  Pandemic Response Clerk $15.00/hour  Pandemic Response Nurse $40.00/hour  Pandemic Response Lead Nurse $50.00/hour Ela Soja stated that these positions are for all staff needed. Councilor Laflamme stated that he is concerned that once these positions are no longer needed they will be able to file for unemployment. Mayor Vieau stated that these positions are needed to be able to run two sites simultaneously (testing site and vaccine site). More staff is needed to be able to do this. The vaccine site will be up and running within 2 weeks. These positions are needed on a temporary basis. Mayor Vieau stated that these positions are 100% reimbursable. City Solicitor Moriarty stated that he and the HR department will look into the possibility of drawing contracts for these individuals for a specific period of time that may prevent them from filing for unemployment. Motion made by Councilor Laflamme and second by Councilor Tillotson to approve. Committee vote 5 – 0 favorable. Item #5 Minutes – February 23, 2021 & March 9, 2021 Motion made by Councilor Laflamme and second by Councilor Tillotson to approve. Motion passed. Meeting adjourned at 7:12 PM. 5