City Council - Ordinance Committee

CHICOPEE CITY COUNCIL ORDINANCE COMMITTEE APPROVED 4-9-2013 MEMBERS James Tillotson, Chairman Donald Demers, Vice-Chairman Robert J. Zygarowski Frank Laflamme Timothy McLellan MINUTES March 12, 2013 The following are the minutes of a public hearing held Tuesday, March 12, 2013 at 6:30 PM in the City Council Chambers, Fourth Floor, City Hall Annex, 274 Front Street, Chicopee, MA 01013. Members Present: Tillotson, Laflamme, Demers, Zygarowski Members Absent: McLellan Also Present: Daniel Garvey (Associate City Solicitor), Alan Starzyk (Water Superintendent), Thomas Charette (Police Chief), Captain Mark Galarneau The meeting was called to order at 6:30 PM. ITEM #1 BE IT ORDAINED by the City Council that the Code of the City of Chicopee for the Year 1991, as amended, be and hereby is further amended as follows: Delete Chapter 243. Removal of snow from sidewalks ADD IN PLACE THEREOF 243-34. Removal of snow and ice from sidewalks and fire hydrants. A. The owner or person having the care of any estate abutting upon any street, lane, court, or square within the City where there is a sidewalk which now is or may hereafter be established or set apart as such shall, after the ceasing to fall of any snow or ice thereon, within 24 hours, cause the same to be removed therefrom. B. The owner or person having the care of any estate abutting upon any street, lane, court or square within the City where there is a fire hydrant, shall, after the ceasing to fall of any snow or ice thereon, within 24 hours, cause the same to be removed therefrom. C. A violation of this section shall subject the violator to a fine of $50. Each day a party remains in violation of this provision shall constitute a separate offense. Councilor Zygarowski stated that this proposed ordinance was not filed in order to cause hardship on the elderly in the City. He filed the ordinance for safety reasons. He has met with the Fire Chief and has been assured that if someone calls the Chief’s office that they are unable to shovel out the fire hydrant a crew will be sent out to shovel out the fire hydrant. 1 Councilor Tillotson stated that he has revised the ordinance which states that the property owner is encouraged to shovel out the fire hydrant but it would not be associated with a fine. Also the revised ordinance stated that the sidewalks must be salted or sanded. Councilor Laflamme stated that he is opposed to requiring property owners to salt or sand. He does not want to add another expanse on property owners by requiring them to purchase these products. Councilor Tillotson stated that there are several locations throughout the City where a property owner may obtain free sand. Some committee members did not want to add that portion to the ordinance. Dan Garvey stated that if the ordinance is merely an encouragement then it should not be even added to the Code Book. Chief Charette stated that he would like an ordinance passed that allow the city to lien a property that has not shoveled snow and the city had to hire someone to come out and shovel the sidewalk. Committee vote 4 – 0 unfavorable. ITEM #2 ORDERED THAT the Ordinance Committee meet and review the graffiti ordinance. Dan Garvey stated that the Town of Plymouth has a program in place that if someone’s property is vandalized with graffiti the Community Development Office will remove the graffiti. Councilor Tillotson stated that the current graffiti ordinance is no place because the Mayor’s veto was not done on time. Thomas Barton, 177 Fairview Avenue, stated that his building on the corner of Miller and Exchange gets vandalized by graffiti many times. Councilor Tillotson stated that perhaps the city could assist Mr. Barton in the future if it should happen again. A recommendation was made to change the period of time for removal from the ordinance from 7 days to 14 days. Committee vote 4 – 0 favorable. ITEM #3 Chapter 260-78 Required Turns Exiting Pride Service Station onto Montgomery Street East side Left Turn Prohibited Mr. Bolduc, owner of Pride Service Station, was present at the meeting and was not opposed to this sign being installed. Committee vote 4 – 0 favorable. ITEM #4 Handicap Parking 10 Elmer Drive 2 Motion made to remove from the table. Motion passed. The following recommendation was read from Frank Czepiel, Chairman, Commission on Disabled: March 4, 2013 It is recommended this request be disapproved for the following reasons:  The requester appears to be asking that a parking space be created for his own use. His reason as stated on the request form was “…when I leave they take my parking space closer to my house”. These signs are not issued to create private parking spaces on any street to anyone.  This is a very congested corner. There are four (4) apartment building having approximately fourteen (140 apartments. There are approximately sixteen (16) parking spaces, in total, on both sides of the street; of which one (1) is already ordinance as “HP (disabled) Only” parking (at $7). The space requested at #10 Elmer Drive is diagonally across the street from #7. Adding a second space in that immediate area would place a hardship on all the other residents. This request follows another submitted a month and a half ago for #7 Elmer Drive which was approved or better said re-approved. The ordinance for the #7 location was ordained in 2005: the sign is currently missing and the Department of Public Works must be instructed to install the “HP (disabled) Only” sign as-soon-as-possible. As a point of information: any and all parking spaces designated as “HP (disabled) Only” may be used by any disabled individuals with either a valid HP license plate or HP Only Parking placard. As long as the individual to whom the plate or placard was issued is either the driver or a passenger in the vehicle. Committee vote 3 – 0 favorable. ITEM #5 Handicap Parking 1273 Memorial Drive. Motion made to remove from the table. Motion passed. This location is a business and cannot be regulated by the City ordinances. Motion made to send to Joe Viamari and ask him to enforce the law as it related to business property. Committee vote 4 – 0 favorable. ITEM #6 Minutes – February 12, 2013. Motion made to accept. Motion passed. Meeting adjourned at 7:18 PM. 3