CHICOPEE – The City Council took up a proposed ordinance on Feb. 6 that would have re-enforced the Commonwealth’s laws on recreational and medical marijuana – an ordinance that Police Chief William Jebb asserted was “too soon,” as the Commonwealth has yet to finalize all of the details concerning the sale of recreational marijuana.

Brought to the council by Councilors Joel McAuliffe and William Courchesne the proposed ordinance read, “Notwithstanding any general or special law to the contrary, no law enforcement officer, official, employee or other agent of the city of Chicopee shall cause to be expended from public resources any assets, including time, money or property, tangible or intangible, in the rendering of assistance to any law enforcement official to other agent of the federal government in connection with the investigation or prosecution under federal law, of any individual for engaging in any activity in compliance with  Massachusetts General law Chapter 94G (Recreational Marijuana) and Massachusetts General Law Chapter 94I (Medical Marijuana), except as may be lawfully ordered by a court of competent jurisdiction.”

McAuliffe said his effort was to support the will of the voters and would send a positive message to prospective businesses, but he withdrew the proposal for the time being when it was clear the council would not allow further consideration – not even to send it to committee.

McAuliffe said there was clearly much misinformation about the proposed ordinance.         “This ordinance does absolutely nothing other than re-enforce what the state law is,” he said.  He noted the council has worked very hard on the marijuana issue and the federal Department of Justice reversal on enforcing federal marijuana laws could undo that hard work.

In an information packet distributed to the councilors before the meeting, McAuliffe noted the vote on recreational marijuana passed in Chicopee by a margin of 53.8 percent to 46.2 percent. He also included a quote from Gov. Charlie Baker who said, “We have two laws in Massachusetts: One that was passed by voters several years ago around the establishment of medical marijuana dispensaries and another law that was passed by the voters in 2016 that requires the state to create a legal infrastructure for recreational marijuana. Those are the laws that state and local law enforcement officials are bound to uphold and that’s what they’re going to do.”

During the mayor’s briefing, Councilor James Tillotson asked Jebb to speak about recreational marijuana. “I’m totally against it,” Jebb said.  The chief asserted the last several home invasions involved marijuana, as well an incident involving a shooting. He added he would not want to be restrained by a city ordinance from assisting federal law enforcement.

Jebb said the council should “hit the pause button” and that discussing such an ordinance is too early. Attorney Dan Garvey said the Law Department would look to the Police Department for guidance about the difference between legal and illegal incidents involving marijuana.

Tillotson rose to his feet to add to the remarks, stating that action reflected how strongly he feels about the issue. He said he was taught that federal law supersedes state and local law and added that perhaps this should be a state’s rights issue determined by Congress.

“Why are we going to tie the hands of the Police Department?” Tillotson asked of the proposed ordinance.

He added the city has yet to receive the guidance from the Cannabis Control Commission concerning the recreational sale of marijuana.

“I don’t want it in the Ordinance Committee. We’re not ready for it,” Tillotson asserted.

“We’re going to lose millions of dollars,” Courchesne said of businesses that might come to Chicopee due to the legalization. He assured his colleagues that although he has reservations about marijuana – he believes it is a “gateway drug” – he believes the ordinance is needed.   

The council also approved a number of the items that were presented last week by Mayor Richard Kos in a $27 million wish list.

The city’s “free cash” would pay all of the items presented to the council. Those expenditures that would require bonding are still being evaluated by the Treasurer’s office and will come before the council in the future.

The council considered approving  $500,000 for a new fire pumper. In a letter to the mayor, Fire Chief Dean Desmarais said that approving the truck now would enable the city to save $13,908 in a cost increase.

The city will also have five new marked police cruisers and three unmarked cruisers.

“We need them,” Councilor Robert Zygarowski stressed, and noted how many of the current cruisers are in bad condition.

To better control speeding in the city the Police Department asked and received two additional radar speed signs, one on a trailer and one mounted. There were also six solar-powered speeding signs approved.

The city doesn’t have a functional boat at this time for rescues on the Chicopee and Connecticut rivers, Police Chief William Jebb explained. The boat that was proposed can operate in four inches of water and would be used by both the police and fire departments.
“We have two rivers. We need that boat,” Councilor Frank Laflamme said.

Kos said that sharing boat between the two departments encourages cross training for the personnel in the two departments.

The replacement boat was approved for purchase at a cost of just over $74,000.

Jebb explained the Police Department should replace the 212 Glock handguns carried by the officers. The guns are 10 years old – their life expectancy. Glock has offered a discount of $350 per gun for the next generation handgun. The city would save $55,000 under the program.

The council also approved $44,916 for a tee mower and thatcher for the municipal golf course. The council also approved a Parkland Acquisitions and Renovation for Communities Assistance Grant from the Commonwealth of $395,584 to be used for improvements at Nash Park.