City of Chicopee, MA Article XXIII Water-Sewer Commission

[Adopted 3-19-2019 by Ord. No. 19-15[1]]

[1] Editor's Note: This ordinance also repealed former Art. XXIII, Sewer Commission, adopted 5-16-1989, as amended.

§ 16-100 Powers and duties.

The Water-Sewer Commission ("Commission") is hereby established. The Commission shall possess the following powers:

A. Setting of rates and fees.

(1) To set the sewer, storm, water rates and fees in accordance with Chapters 230 (Sewer Use Ordinance), 231 (Stormwater Management Ordinance), and 269 (Drinking Water Use Ordinance). Said rates shall be sufficient to provide the revenue necessary to operate and maintain:

(a) The City's drinking water distribution system;

(b) Drinking water treatment;

(c) Sewage treatment;

(d) Sewage works;

(e) To pay its debt service thereon; and

(f) To maintain a reasonable reserve as hereinafter defined.

(2) The Commission shall set its water, sewer, and or storm rates and/or fees at least 90 days prior to rates or fees effective date. In any event, all said rates and/or fees shall be set prior to July 1 of each year in order to conform to the budgets for each department.

B. To serve as the hearing board with the powers and duties as enumerated in §§ 230-28P, 231-13, and 269-9, of the Revised Ordinances of the City of Chicopee.

(1) The Commission shall act as the hearing board for all matters concerning sewer, water, stormwater, billing, fees, assessments and appeals upon request.

(2) The Water-Sewer Commission shall act as the hearing board upon request for anyone aggrieved by actions of the Superintendent in the management and enforcement of Chapters 230, 231 and 269 of the City of Chicopee Ordinances.

§ 16-101 Organization of Department; financial requests and reserve fund balance; membership; terms; meetings.

A. Separate departments. Under the organization and authority of the Chicopee Department of Public Works, there shall be two separate and distinct revenue generating departmental entities known as 1) Water Division and 2) Public Utilities Division. The Water Division shall include all personnel, equipment and financial resources for water system distribution and treatment. The Public Utilities Division shall include all personnel, equipment, financial resources necessary for a sewage collection system, wastewater treatment, combined sewer overflows, storm water management and industrial pretreatment.

B. Superintendent of Public Works. The Superintendent of Public Works ("Superintendent") shall be empowered to manage and operate both the Water Division and Public Utilities Division. The Superintendent of Public Works shall manage and enforce Chapters 230, 231, and 269 of the City Ordinances. As part of this responsibility, the Superintendent shall determine the annual cost of operations of the City's water and sewer distribution, treatment, and works program and prepare and submit separate annual budgets and operation reports for each Division to the Commission for approval to be submitted to the Mayor as part of the regular budgetary process.

C. Financial requests and reserve fund balance.

(1) The Superintendent, with vote of the Commission, shall make recommendations to the Mayor and City Council for financial requests in order for the Superintendent to carry out the duties as enumerated in this article.

(2) Notwithstanding anything to the contrary, should either the Water Division or Public Utilities Division reserve fund balance exceed 33% of that Division's annual budget, that balance in excess of said 33% of the respective Division's annual budget shall be reimbursed to the ratepayer in the form of a credit.

D. Membership; terms; meetings.

(1) The Commission shall consist of a seven-member board. All members shall be appointed by the Mayor and confirmed by seven members of the City Council. All members shall be residents of the City of Chicopee.

(2) All members shall serve five-year terms. All members of the existing Water Commission and Sewer Commission at the date of passage of this article shall become a member of the Water-Sewer Commission and shall serve out the remainder of their current term of office.

(3) The Commission shall annually elect a Chairman and Vice Chairman and shall have a minimum of one meeting per month, to be held at a time which does not conflict with regularly scheduled City Council meetings.

(4) Four members of the Commission shall constitute a quorum.

(5) The Superintendent or their designee as well as the DPW-Financial Administrator or their designee shall attend all Commission meetings.

(6) No member of the Commission shall be a current employee of the City of Chicopee or have been employed within the past one year by the Public Utilities Division, Water Division or by any agency providing services directly to the Water Division or Public Utilities Division or be an employee of any industry included in the Industrial Pretreatment Program.

(7) All meetings and business of the Commission shall be conducted in compliance with all applicable laws, including but not limited to, the Open Meeting Law of the Commonwealth of Massachusetts.

E. Removal. The Mayor may remove a member of the Commission with the approval of the City Council for cause at any time. "Cause" shall include but not be limited to conviction for any crime.

F. City Council as Water/Sewer Commission. If the Commission fails to hold a meeting and/or fails to take action with respect to any of its responsibilities, powers and duties as enumerated in this article for a period of 90 consecutive days, the City Council Water Resources Committee may assume all powers and duties of the Commission and carry out the duties and responsibilities of the Commission until such time as the Commission is able to meet and or take action as required by this article.