City Council - Ordinance Committee

CHICOPEE CITY COUNCIL ORDINANCE COMMITTEE APPROVED 12-8-2015 MEMBERS James Tillotson, Chairman Gary Labrie, Vice-Chairman Robert J. Zygarowski Frank Laflamme Timothy McLellan MINUTES November 10, 2015 The following are the minutes of a public hearing held Tuesday, November 10, 2015 at 6:30 PM in the City Council Chambers, Fourth Floor, City Hall Annex, 274 Front Street, Chicopee, MA 01013. Members Present: Tillotson, Labrie, Laflamme, Zygarowski Members Absent: McLellan Also Present: Dan Garvey (Asst. City Solicitor), Councilor Krampits, Jeff Neece (Superintendent DPW), Councilor Roy (Ward 9) 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. ITEM #1 ORDERED THAT the Ordinance Committee meet to review the proposed Chapter 260-29 and 260-69 Winter Parking ordinances submitted by the DPW Superintendent. Jeff Neece stated we’re proposing two substantial changes to ordinance 260-69 weather severe parking regulations. We did an analysis of the streets that were designated as no parking on either side during the notification and we found there were streets we wanted to add. A list of those streets is attached. Jeff Neece stated secondly we’re proposing to change which is currently the ordinance of alternating street parking based on the number of odd or even of the year. You’ll get parking through January, February, March on the even side of the street and we get the buildup of snow. On sensitive streets when we get a lot of snow we end up putting emergency parking signs on that side of the street and we tow the cars if they are there and then plow that side of the street; we do this on numerous streets. So we’re proposing that we’re able to clean both sides of the streets after every storm. The way that we would do that is to have alternating parking based on the time of day. We are proposing that from 7:00 am to 7:00 pm you park on the even side and another twelve hour period you park on the odd side. That allows us within twenty four 1 hours to clean both sides of the street. I think it will be a little confusing unless we do a public outreach before every storm to inform people and we will send out an ever bridge notice to everyone in the city. Councilor Tillotson asked if it will make more sense to do this monthly. If you live on the even side of the street you would never be able to park your car in front of your house. Jeff Neece answered yes, just for the parking ban. Councilor Tillotson stated that he received no complaints last year and that the DPW did a very good job. Councilor Tillotson stated that it took us time to get used to the even and odd year parking bans and now all of a sudden to change it all together would be confusing. Councilor Labrie asked what the cost for the city would be. Jeff Neece answered it’s hard to say because it depends on what time the storm hits and whether we’re on overtime or straight time. Councilor Laflamme asked how many streets does this affect. Councilor Tillotson answered every street in the city except the ones that are on the emergency ban list. Councilor Tillotson stated that this needs a lot more public input. Councilor Krampits stated that twenty four hours on the odd side and twenty four hours on the even might allow people to have a better grasp of it Jeff Neece stated that what we do now is if there’s no parking on the odd side we’ll clean the streets including the even side and there will be cars that are snowed in and cars that are cleaning off snow from their vehicles. Then we go back to find if and when we can clean the odd side of the street, it’s always hit or miss. We have trucks that drive around the neighborhood to try and find areas where we could push snow off of the odd side of the street. If we have the parking ban that designates you cannot park on the odd side of the street from 9:00 am to 4:00 pm during the work day after a storm we can clean the whole city on the odd side. Councilor Krampits stated how do we disseminate this information because I got calls about cars being towed or ticketed because people didn’t understand the parking band. Councilor Tillotson stated that what is the fine going to be for any person who violates the parking regulations. Jeff Neece answered if they are identified as violating the parking ban they have their car towed. They have to pay for the tow and the impound fee and they are subject to a fine of fifteen dollars. Councilor Laflamme stated we should notify the residents that will be affected by this parking ban. Jeff Neece stated that we are purposing to send a notice of the new ordinance changes out in the Chicopee Electric Light bills Councilor Laflamme stated that he does not feel comfortable with the time change for the parking ban. Councilor Tillotson stated that we all agree at this point not to change the parking ban times,it will stay the same as the previous year. DPW can always put up the emergency signs for no parking. Councilor Tillotson stated we are going to file this with the even and odd side parking as is and we could always have it back in committee to talk about it another time.  The following is as presented by Jeff Neece: Chapter 260. Vehicles and Traffic Article IV. Stopping, Standing and Parking § 260-29. Severe Weather parking regulations. A. Severe weather parking regulations. No person shall park or allow or permit or suffer a vehicle in his name to be parked on the streets listed in § 260-69 while severe weather parking regulations, provided in § 260-29B, are in force and effect. B. Severe weather parking regulations shall be in effect only when announced by the Mayor, at the request of the Superintendent of Streets. While in effect, there will be no parking on the EVEN side of the street from 7 2 p.m.- 7 a.m. and no parking on the ODD side of the street from 9 a.m. - 4 p.m.This section is applicable to all streets except those listed in § 260-69. C. Severe weather parking regulations shall be deemed to have been announced when publicized by a daily newspaper or radio or television station, notifying the public that severe weather conditions have been forecasted and may exist and that emergency winter parking regulations are in effect. Said declaration shall remain in force as long as conditions warrant such retention and shall be lifted only by the Mayor, by a consensus of the following departments: Fire Chief, Police Chief or Superintendent of Streets, and publicized as above stated. "Severe weather" means any weather condition and/or including, but not limited to, snow, ice, hail, excessive wind or rain which may, in the judgment of the Superintendent of Streets, cause roads and ways in the City to become or continue to be unsafe for travel and dangerous to the public. D. Nothing in Subsections B and C shall be construed to affect any other ordinance, rule or regulation currently in existence on any given street. Regardless of the year, parking will be allowed on the unrestricted side of any street where parking is limited by law to one side or the other. E. Any person who violates a provision of the Severe weather Parking Regulations set forth in this section shall be towed and subjected to a fine. Chapter 260. Vehicles and Traffic Article X. Schedules § 260-69. Schedule X: Severe Weather Parking Regulations. In accordance with § 260-29B, the following streets are designated as streets subject to severe weather regulations. Name of Street Side Location Abbey Memorial Drive Both Entire length Academy Street Both Entire length Alvord Avenue [Added 2-18-1997 by Ord. No. 97-10]-- Entire length Armory Street Both Entire length Beauchamp Terrace Both Entire length Bemis Avenue Both Entire length Boutin Street Both Entire length Britton Street Both Entire length Broadway Both Entire length Buckley Boulevard Both Entire length Burnett Road Both Entire length Cabot Street Both Entire length Canal Street Both Entire length Carew Street Both Entire length Center Street Both Entire length Chicopee Street Both Entire length Church Street Both Entire length Cochran Street Both Entire length College Street Both Entire length 3 Columba Street Both Entire length Court Street Both Entire length Dale Street -- Entire length Davitt Bridge Both Entire length East Main Street Both Entire length East Street Both Entire length Exchange Street Both Entire length Factory Street Both Entire length Fairview Avenue Both Entire length Front Street [Added 6-26-2003 by Ord. No. 03-24] Both Entire length, except from Dwight Street to Exchange Street Fuller Road Both Entire length Granby Road Both Entire length Grape Street Both Entire length Grattan Street Both Entire length Grove Avenue Both Entire length Grove Street Both Entire length Hampden Street Both Entire length Hilton Street Both Entire length Ingham Street Both Entire length Irene Street Both Entire length James Street Both Entire length Lawrence Road Both From Granby Road to Nichols Road Main Street Both Entire length McKinstry Avenue Both Entire length, except for the northern side of McKinstry Avenue abutting Meadow Green Apartments, between Eastern Avenue and Crescent Drive Meadow Street Both Entire length Montcalm Street Both Entire length Montgomery Street Both Entire length Moore Street [Added 2-15-2000 by Ord. No. 00-12] Both Entire length Newbury Street Both Entire length New Lombard Road Both Entire length New Ludlow Road Both Entire length Nonotuck Avenue [Added 3-19-1996 by Ord. No. 96-16] Both From 139 Nonotuck Avenue to 149 Nonotuck Avenue (December 1 to March 1) Oak Street Both Entire length Old Fuller Road Both Entire length Orchard Street Both Entire length Pendleton Avenue Both Entire length, except from Applewood Drive to Woodbridge Road Prospect Street Both Entire length, except from Memorial Drive east to College Street Prospect Street Both All of lower Prospect Street starting from a point at the corner of Buckley Boulevard and Prospect Street in a southerly direction to the corner of Prospect Street and Yelle Street, excluding state regulations of parking at or near a corner 4 Rimmon Avenue Both Entire length Royal Street Both Entire length Schwinigan Drive Both Entire length St. James Avenue Both Entire length Sheridan Street Both Entire length Simard Drive Both Entire length South Street Both Entire length Springfield Street Both Entire length Sunnymeade Avenue Both Entire length Trilby Avenue Both Entire length Vadnais Street Both Entire length Walnut Street Both Entire length Westover Road Both Entire length West Street Both Entire length Wheatland Avenue Both Entire length Woodlawn Street Both For a distance of 600 feet Yelle Drive Both Entire length  After discussion the committee felt this is the version that they would like to introduce for the first reading to the City Council. Chapter 260. Vehicles and Traffic Article IV. Stopping, Standing and Parking § 260-29. Severe Weather parking regulations. A. Severe weather parking regulations. No person shall park or allow or permit or suffer a vehicle in his name to be parked on the streets listed in § 260-69 while severe weather parking regulations, provided in § 260-29B, are in force and effect. B. Severe weather parking regulations shall be in effect only when announced by the Mayor, at the request of the Superintendent of Streets. While in effect, parking shall be allowed only on the even side of the street in even numbered years and only on the odd side of the street in odd numbered years, 24 hours a day. This section is applicable to all streets except those listed in § 260-69. C. Severe weather parking regulations shall be deemed to have been announced when publicized by a daily newspaper or radio or television station, notifying the public that severe weather conditions have been forecasted and may exist and that emergency winter parking regulations are in effect. Said declaration shall remain in force as long as conditions warrant such retention and shall be lifted only by the Mayor, by a consensus of the following departments: Fire Chief, Police Chief or Superintendent of Streets, and publicized as above stated. "Severe weather" means any weather condition and/or including, but not limited to, snow, ice, hail, excessive wind or rain which may, in the judgment of the Superintendent of Streets, cause roads and ways in the City to become or continue to be unsafe for travel and dangerous to the public. D. Nothing in Subsections B and C shall be construed to affect any other ordinance, rule or regulation currently in existence on any given street. Regardless of the year, parking will be 5 allowed on the unrestricted side of any street where parking is limited by law to one side or the other. E. Any person who violates a provision of the Severe weather Parking Regulations set forth in this section shall be towed and subjected to a fine of $15. Chapter 260. Vehicles and Traffic Article X. Schedules § 260-69. Schedule X: Severe Weather Parking Regulations. In accordance with § 260-29B, the following streets are designated as streets subject to severe weather regulations. Name of Street Side Location Abbey Memorial Drive Both Entire length Academy Street Both Entire length Alvord Avenue - Entire length Armory Street Both Entire length Beauchamp Terrace Both Entire length Bemis Avenue Both Entire length Boutin Street Both Entire length Britton Street Both Entire length Broadway Both Entire length Buckley Boulevard Both Entire length Burnett Road Both Entire length Cabot Street Both Entire length Canal Street Both Entire length Carew Street Both Entire length Center Street Both Entire length Chicopee Street Both Entire length Church Street Both Entire length Cochran Street Both Entire length College Street Both Entire length Columba Street Both Entire length Court Street Both Entire length Dale Street - Entire length Davitt Bridge Both Entire length East Main Street Both Entire length East Street Both Entire length Exchange Street Both Entire length Factory Street Both Entire length Fairview Avenue Both Entire length Front Street Both Entire length, except from Dwight Street to Exchange 6  Street Fuller Road Both Entire length Granby Road Both Entire length Grape Street Both Entire length Grattan Street Both Entire length Grove Avenue Both Entire length Grove Street Both Entire length Hampden Street Both Entire length Hilton Street Both Entire length Ingham Street Both Entire length Irene Street Both Entire length James Street Both Entire length Lawrence Road Both From Granby Road to Nichols Road Main Street Both Entire length McKinstry Avenue Both Entire length, except for the northern side of McKinstry Ave abutting Meadow Green Apartments, between Eastern Avenue and Crescent Drive Meadow Street Both Entire length Montcalm Street Both Entire length Montgomery Street Both Entire length Moore Street Both Entire length Newbury Street Both Entire length New Lombard Road Both Entire length New Ludlow Road Both Entire length Nonotuck Avenue Both From 139 Nonotuck Avenue to 149 Nonotuck Avenue (December 1 to March 1) Oak Street Both Entire length Old Fuller Road Both Entire length Orchard Street Both Entire length Pendleton Avenue Both Entire length, except from Applewood Drive to Woodbridge Road Prospect Street Both Entire length, except from Memorial Drive east to College Street Prospect Street Both All of lower Prospect Street starting from a point at the corner of Buckley Boulevard and Prospect Street in a southerly direction to the corner of Prospect Street to Yelle Street, excluding state regulations of parking at or near a corner Rimmon Avenue Both Entire length Royal Street Both Entire length Shawinigan Drive Both Entire length St. James Avenue Both Entire length 7  Sheridan Street Both Entire length Simard Drive Both Entire length South Street Both Entire length Springfield Street Both Entire length Sunnymeade Avenue Both Entire length Trilby Avenue Both Entire length Vadnais Street Both Entire length Walnut Street Both Entire length Westover Road Both Entire length West Street Both Entire length Wheatland Avenue Both Entire length Woodlawn Street Both For a distance of 600 feet Yelle Street Both Entire length Councilor Laflamme motion to approve with changes – Councilor Tillotson 2nd the motion – motion passed Place the Ordinance with changes on the agenda for 11/17/15 Committee vote 4 – 0 favorable. ITEM #2 Minutes – October 13, 2015 – Motion to accept – motion passed. Meeting adjourned at 7:05 PM. 8