City Council - Ordinance Committee

CHICOPEE CITY COUNCIL ORDINANCE COMMITTEE APPROVED 5-10-2016 MEMBERS James Tillotson, Chairman Fred Krampits, Vice-Chairman Frank Laflamme Timothy McLellan Jerry Roy MINUTES April 12, 2016 The following are the minutes of a public hearing held Tuesday, April 12, 2016 at 6:30 PM in the City Council Chambers, Fourth Floor, City Hall Annex, 274 Front Street, Chicopee, MA 01013. Members Present: Tillotson, Krampits, Laflamme, McLellan, Roy Also Present: Dan Garvey (Asst. City Solicitor), Councilor Brooks, Councilor Lamontagne, Frank Czepiel (Handicap Commissioner), Carl Dietz (Building Commissioner) 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. Councilor Laflamme motion to postpone to the call of the chair – Councilor Tillotson 2nd the motion – motion passed Councilor Tillotson motion remove Item #1 from postponement – Councilor McLellan 2nd the motion – motion passed. ITEM #1 Chapter 122 Delete Chapter 122, Sections (A) and (B) and insert in place thereof the following: A. The State Building Code, set forth at 780 CMR 100.00 et seq., including subsequent modifications, amendments, or deletions, is hereby adopted by the City for the purpose of governing public health, safety, and welfare as they are affected by building construction, and in general to secure safety to life and property, a copy of which code shall be kept on file in the City Clerk's office. The State Building Code is hereby adopted and incorporated, as fully as if set out at length herein, and provisions thereof shall be controlling within the limits of the City. 1  The State Sanitary Code, set forth at 105 CM R 410 et seq., including subsequent modifications, amendments, or deletions, is hereby adopted by the City for the purpose of governing minim u m standards of fitness for human habitation, a copy of which code shall be kept on file in the City Clerk's office. The State Sanitary Code is hereby adopted and incorporated, as fully as if set out at length herein, and provisions thereof shall be controlling within the limits of the City. The State Minimum Sanitation Standards for Food Establishments, set forth at 105 CMR 590.00 et seq., including subsequent modifications, amendments, or deletions, is hereby adopted by the City for the purpose of governing sanitation in food establishments, a copy of which code shall be kept on file in the City Clerk's office. The Minimum Standards are hereby adopted and incorporated, as fully as if set out at length herein, and provisions thereof shall be controlling within the limits of the City. The State Plumbers and Gas Fitters Code, set forth at 248 CMR et seq., including subsequent modifications, amendments, or deletions, is hereby adopted by the City for the purpose of governing public health, safety, and welfare as they are affected by all construction, alteration, repairs and maintenance of plumbing and gas fittings, and to secure safety to life and property, a copy of which code shall be kept on file in the City Clerk's office. The State Plumbers and Gas Fitters Code is hereby adopted and incorporated, as fully as if set out at length herein, and provisions thereof shall be controlling within the limits of the City. The State Electrical Code, set forth at 527 CMR 1.00 et seq., including subsequent modifications, amendments, or deletions, is hereby adopted by the City for the purpose of governing public health, safety, and welfare as they are affected by wire and electrical installation, repairs, and maintenance, and in general to secure safety to life and property, a copy of which code shall be kept on file in the City Clerk's office. The State Electrical Code is hereby adopted and incorporated, as fully as if set out at length herein, and provisions thereof shall be controlling within the limits of the City. The State Fire Safety Code, set forth at 527 CMR 1.00 et seq., except for the Electrical Code (527 CMR 1.00) which was adopted separately, including subsequent modifications, amendments, or deletions, is hereby adopted by the City for the purpose of governing minimum requirements and controls to safeguard life, property and public welfare from the hazards of fire and explosion created by the storage, handling or use of substances, materials or devices or from conditions hazardous to life, property and the public welfare, and in general to secure safety to life and property, a copy of which code shall be kept on file in the Office of the City Clerk. The State Sanitary Standards for Swimming Pools, set forth at 105 CM R 435.00 et seq., including subseq uent modifications, amendments, or deletions, is hereby adopted by the City for the purpose of governing minimum sanitation standards for swim ming pools, a copy of which code shall be kept on file in the City Clerk's office. The mini m um standards are hereby adopted and incorporated, as fully as if set out at length herein, and provisions thereof shall be controlling within the limits of the City. B. Any person who fails to comply with any order of the Building Inspector or other 2  authorized City Employee shall be liable for a criminal fine of not more than $300, and shall in all other respects be subject to the provisions of the Ordinances of the City of Chicopee including, but not limited to, Chapter 132. Each day or part of a day that the violation continues or exists shall constitute a separate violation. Carl Dietz stated that this is an adoption of the state codes as local ordinance and it is a good tool for compliance. After extinguishing your other options this is the one option left. Councilor Laflamme asked if the ticket goes unpaid does it get attached to their property. Carl Dietz answered yes, they are entered in the system like any other tickets. The intent would be to give them a reasonable time to correct those violations and try to get voluntary compliance. Councilor McLellan asked if the fines would be escalating. Carl Dietz answered that they are from fifty up to three hundred dollars. They are somewhat discretionary. It’s really about compliance. Councilor Lamontagne asked will there be a fair warning prior to issuing fines. Carl Dietz stated that the Building, Electrical and Plumbing codes fall under my jurisdiction. It’s my intent to give people proper notice and opportunity to cure. Councilor Brooks stated that he is getting a lot of calls on unsightly items. Do we have a good mechanism like a good housekeeping component. Carl Dietz stated that there may be a good housekeeping component to the international property maintenance code. Councilor Courchesne was concerned about properties that are boarded up. Carl Dietz stated that there are some national fire services that put out a standard for boarding windows but, if it’s in tact and the place is vacant I don’t see anything that compels the property owner to board it until it becomes unsecure. Councilor Tilloston stated that once we get this ordinance before the Council and it comes to this committee we will all get a chance to look at it and tweak it. Councilor Laflamme motion to approve – Councilor McLellan 2nd the motion – motion passed. Committee vote 5 – 0 favorable ITEM #2 Chapter 260-17 General Prohibitions 260-17 M Add medians and traffic islands To read: M. On City-owned tree belts, medians and traffic islands. Councilor Tilloston stated that there is already a No Parking ordinance on tree belts and this is just adding medians and Islands. Councilor Roy motion to approve – Councilor McLellan 2nd the motion – motion passed. Committee vote 5 – 0 favorable ITEM #3 Delete – Forest Street – North side from Chicopee Street to a point 150 feet west thereof – ONE HOUR PARKING ANY DAY Councilor McLellan motion to approve – Councilor Tillotson 2nd the motion – motion passed. Councilor Courchesne stated that this is an old sign and the business is no longer there. 3 Committee vote 5 – 0 favorable ITEM #4 Sherbrook Street – At the intersection of Sherbrook Street and Summit Avenue – ISOLATED STOP SIGN Councilor Laflamme motion to approve – Councilor McLellan 2nd the motion – motion passed. Committee vote 5 – 0 favorable ITEM #5 Delete – 14 Hope Street – HANDICAP PARKING Motion made to approve – motion passed. Committee vote 5 – 0 favorable ITEM #6 Burnett Road – South side – entire length - In front of A.M.F. PARKING PROHIBITED Councilor McLellan stated that the people that are bowling are parking on Burnett Road at Dow Jones. Councilor McLellan motion to approve – Councilor Tillotson 2nd the motion – motion passed. Committee vote 5 – 0 favorable ITEM #7 Columba Street – from pole #28 to Granby Road – PARKING PROHIBITED FROM HERE TO CORNER Councilor Roy motion to approve - Councilor Laflamme 2nd the motion – motion passed Committee vote 5 – 0 favorable ITEM #8 Delete - 28 Emerald Street – HANDICAP PARKING Councilor Roy motion to approve – Councilor McLellan 2nd the motion – motion passed Committee vote 5 – 0 favorable ITEM #9 25 Pleasant Street – HANDICAP PARKING Councilor Roy motion to approve – Councilor Tillotson 2nd the motion – motion passed Committee vote 5 – 0 favorable ITEM #10 Butler Avenue – West side – 28 feet from East Street (to fire hydrant) – PARKING PROHIBITED 4 Councilor Laflamme motion to approve – Councilor Tillotson 2nd the motion – motion passed Committee vote 5 – 0 favorable ITEM #11 Minutes – March 8, 2016 motion to accept – motion passed Motion made to adjourn at 7:00 PM. Motion passed. 5