City Council - License Committee

CHICOPEE CITY COUNCIL LICENSE COMMITTEE ACCEPTED 2-29-16 License Committee Members William Zaskey, Chairman Fred Krampits, Vice Chairman Frank Laflamme Shane Brooks Stan Walczak MINUTES February 3, 2016 The following are the minutes of a public hearing held Wednesday, February 3, 2016 at 6:30 PM in the City Council Chambers, Fourth Floor, City Hall Annex, 274 Front Street, Chicopee, MA 01013. Members Present Zaskey, Krampits, Laflamme, Brooks, Walczak Also Present Dan Garvey (Associate City Solicitor), Lee Pouliot (Planning Director), Carl Dietz (Building Commissioner) Keith Rattell (City Clerk), Denise Martinez (Clerk) Steve Frederick (City Engineer) The meeting was called to order at 6:35 PM ITEM #1 ORDERED THAT the License Committee meet with Department Heads involved in the license process to discuss policies and procedures. Councilor Zaskey stated that we all have to be on the same page with the licenses. Over the years applicants have stated that they get different answers from all departments. What this does is stall the process and I’m not sure we’re abiding by the ordinances. My intent this evening is to go through all the ordinances and to modify them. Councilor Zaskey stated that under Chapter 188-1 License period; notice of expiration says unless otherwise specified licenses under this chapter shall expire April 30th of each year. We also have licenses that expire on December 31st. I don’t know if anyone is confused when they pick up their applications. We need to specify which licenses they are and which dates they expire on. Steve Frederick stated that he does not know when E permitting is coming to the City Clerk’s office but I know it has automated messages that would go out to the license holder that would tell them their license is about to expire. This may help with some of this confusion about license renewal and expiration dates. Councilor Zaskey stated the next discussion is 188-4.1. Filing of lease agreement. Denise Martinez stated that the lease agreement is for new licenses. 1 Councilor Zaskey stated that 188-7 A, Junk collectors and pawn shop licenses and asked if there was anyone following up on this ordinance. Denise Martinez stated that there is only one pawn shop in the City of Chicopee and he’s pretty proactive. Councilor Zaskey asked if the Police Department is enforcing 188-7 C, F, G on the pawn shop licenses. We don’t have anyone here from the Police Department tonight. Denise Martinez answered that all goes through the Police Department. Councilor Brooks stated the Police Department can call upon them at any time for inspection and they do check up on them periodically. Councilor Walczak asked if the Police reports come back to this committee so we will have a record of it. Councilor Zaskey stated he will talk to the Chief in regards to that. Councilor Zaskey stated Chapter 188-7.1. C Junkyards. I question whether we’re following up on this and if these Junkyards are fenced in. Are they periodically checked to see if they are conforming with the ordinance and restrictions on their properties. Carl Dietz stated that usually it will be a complaint from a neighbor that will bring me out there to look at it. Steve Frederick stated this is around a surrounding neighborhood. What if it’s a commercial property that abuts it, does it still require an eight foot fence. Dan Garvey stated that’s what the ordinance calls for. Councilor Zaskey stated how would we enforce this since he’s in an isolated area. Keith Rattell stated that the City Council may grant a waiver. Lee Pouliot stated that getting some clarification on this will be helpful for me if someone is asking what they need on their site plan. Junk yards are going to be on industrial property but, sometimes there’s industrial property that abuts commercial property. So understanding if we want that buffer in certain areas or if it’s going to be on a site to site basis; that will be helpful for me to answer all of these questions. If you’re abutting retail or commercial where you have a lot of visitors, you will want that screen. If it’s just industrial to industrial and it’s similar uses, probably not. Councilor Zaskey stated we will leave it the way it is now and the Planning Department will utilize it in their review when a fence is required and a waiver requested. Steve Frederick asked are the applicants receiving a copy of the ordinance because ninety nine percent of the information that comes in does not meet site plan requirements. Denise Martinez answered yes and they do come in with plans. Councilor Krampits stated that the City should have a sample site plan so when the packet is handed out the applicant can see an example of what the site plan should look like. Councilor Zaskey asked that Lee Pouliot and Steve Fredericks get together and come up with a sample plan. Lee Pouliot stated that I think the challenge that all three of us run into is that these plans are not scaled properly. I want to see a surveyed plan for what’s going on there so I know exactly what we’re reviewing. Councilor Zaskey stated that if it’s something that doesn’t meet the requirements it shouldn’t even come before this committee. Steve Frederick stated that we could prepare a sample site plan but, there are so many unique situations out there too and you almost need an interview with the applicant before they apply. Councilor Walczak stated that Planning and Engineering could do a preliminary walk through with the applicant to guide them. Lee Pouliot stated that I would prefer that an applicant came to see us before they submit their plans so we can review what they are submitting up front and tell them if it’s deficient-verses any of us getting our review because then it’s already programed for your agenda. Often times 2 I’m the one saying I can’t accept the site plan because it’s inadequate and then there’s a rush for the applicant to get it done so that they don’t miss the next committee meeting. Denise Martinez stated that the instruction sheet can be change to read that the applicant is required to contact the departments. Denise Martinez stated that issues that we’re having are not from the business owners, it’s the applicants who are leasing the property. Councilor Brooks stated that we need to utilize the cities website. Steve Fredericks stated that we can make up a template for the site plan for the City Clerks website. Councilor Zaskey stated 188-8 Public Dance license we haven’t used this in a long time. Denise Martinez stated it’s an entertainment license and we haven’t used this for about twenty years. Councilor Zaskey stated 188-15 Licenses for the sale of motor vehicles the first thing I looked at is 188-15 B Residency requirement. I just found an applicant that came before us and his residence is in Granby, Mass. We never asked him for an LLC or Incorporation. I think some things do slip through the cracks. Denise Martinez asked if they have to file Incorporation papers before they can apply for that license. Dan Garvey answered yes, you do and it’s not legal advice. Denise Martinez stated the only thing we ask them to state on the application is the address of the business. Councilor Laflamme asked should we change that form. Councilor Brooks stated just add the address to the application. Denise Martinez agreed to add one line on the cover to include the address of the applicant so if they are not incorporated or LLC they will have to be a resident. Councilor Brooks stated that we need to create a tab on the website that states when applying for a license and a list of the criteria that they need to meet. Utilizing the website is going to make it easier for your office because people are going to check first about the licensing process through the cities website. Councilor Zaskey stated that Carl Dietz is responsible for the enforcement of all the motor vehicle licenses. How do you follow up on these businesses to see if they are following their restrictions and are in compliance with regulations. Carl Dietz stated that he is proactive with several businesses throughout the city and all of this has been identified through some complaint process, whether it is from the Commission or a resident that lives near bye. Councilor Zaskey stated that we as Councilors will also follow-up with these businesses’ and inform you if there is anyone not complying. Carl Dietz stated that would be helpful. He stated that he does email a report back to the Councilor of that ward. Councilor Laflamme mentioned that Carl Dietz is short staffed at this time but he always follows up with the Ward Councilor. I do agree that all Councilors should get a report. Councilor Brooks asked when a license holder is called in and they may “revoke, suspend or modify the license” there is a fee structure in place, should we also include a fine. I think if they knew there was a penalty they would comply with the restrictions. Councilor Zaskey replied according to our ordinances we can fine them anywhere from fifty to five hundred dollars for a violation and I think this is something we have to start utilizing. Lee Pouliot stated we need enough time in the review process if you want to have comments from the Planning Department by your next Committee meetings. We have a filing deadline for certain meetings. 3 Councilor Zaskey stated that on the application process for auto body and auto repair on motor vehicles is confusing because the majority of these are not doing auto body work. Denise Martinez stated that it only says this on the original application. Once it’s passed by the committee it will only state the license they applied for. Steve Frederick stated that the transient vendors like the hot dog carts are on public property. Keith Rattell stated can this board come up with restrictions for those types of vendors. Denise Martinez stated that the vendors have permits from the Health and the License Commission and they also put restrictions on those licenses. Keith Rattell stated can you legislate or create some sort of an ordinance. Dan Garvey stated they cannot be on public property and they cannot be on private property without permission and we can enforce that. Councilor Zaskey stated that would be enforced by the Police. Councilor Zaskey commented on the addresses for the businesses. Can it be one address and how would the Fire Department respond to a fire. Steve Fredericks stated that the Chicopee market place has one address for that whole structure and we patrician it out. Some multi-family homes have one address with apartment numbers. I will talk to the Fire Prevention Safety and I will let you know. Councilor Zaskey stated the business would have to request from you a street number with a suite. Steve Fredericks answered yes Denise Martinez stated that on the committee reports when you’re adding restrictions can you delete the old restrictions or make sure that you are not duplicating them. We do not have the authority to remove restrictions and we have duplicate restrictions on several licenses. Denise Martinez stated that if you’ve made it a restriction that the applicant only has ten days to pick up there license and they have to get a certificate of occupancy; we run into a bit of a problem because they need time for inspection. I cannot issue a license without a certificate of occupancy. Councilor Zaskey stated that he appreciates everyone’s input and if we feel that it’s important to come back for a discussion please let me know. Order be placed on file Councilor Zaskey motion to adjourn – motion passed Committee vote 5 – 0 favorable. Meeting adjourned at 8:10 PM. 4