City Council - Ordinance Committee

City of Chicopee City Council Ordinance Committee Accepted 11-27-2018 Members James Tillotson, Chair Fred Krampits, Vice Chair Frank Laflamme Gary Labrie Jerry Roy MINUTES September 26, 2018 The following are the minutes of a public hearing held Wednesday, September 26, 2018, 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, Labrie, Roy Also Present: Dan Garvey (Associate City Solicitor),), Councilor Balakier, Councilor Zygarowski, Councilor Courchesne, Lee Pouliot (Planning Director), Carl Dietz (Building Commissioner), Keith Rattell (City Clerk), Councilor McAuliffe 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 Joel McAuliffe, 140 Deslaurier Street, stated he will be recording and live streaming the meeting for Item #1 Item #1 BE IT ORDERED that the City Council hold a public hearing to discuss the merits of a Charter Revision changing the date of annual municipal elections from the first Tuesday in November to the first Saturday in November. Councilor McAuliffe stated that this would change the date for regularly scheduled general elections for municipal office the first Saturday after the first Friday in November and every odd number year. He stated that our turnout for voting for the city of Chicopee has been terribly low. He stated that this last election had one of the lowest voter turnouts in the city’s history with 12.3 percent with the thirty six thousand four hundred and seventy five registered voters. He stated that the turnout for the last decade does not get anywhere above forty percent and we hoover between thirty and thirty seven percent. He stated that it’s our jobs as representatives to make it easy for every resident to vote. He stated that the history behind the Tuesday voting was because of farming schedules. He stated we live in a different world today where you have tons of families that have multiple practices for kids, have to work late and some of our residents have to work multiple jobs. 1 He stated moving it to Saturday where they would have fewer obligations and the obligations are significantly less compared to the rest of the general population. He stated opening from 7:00 AM to 7:00 PM on a Saturday would allow people to have more opportunities to vote. He stated that other communities such as East Longmeadow vote on Saturday. He stated that France votes on Saturday also with a seventy five percent turnout of eligible voters. He stated whatever the cost as small as it will end up being, it’s worth that value to make sure our residents have the easiest way to have access to that ballot box. Keith Rattell 40 Carriage Lane stated that he did do a little bit of research with the Secretary of State’s office. He stated that it’s a decision that lies ultimately with this Board. Councilor McAuliffe asked what the additional expenses would be. Keith Rattell answered overtime expenses with the staff. He stated that the janitors would have to open up the schools and would have to be there and the schools would have to be heated or cooled. He stated that on a weekend; his employees are union employees and we’d have to retool the union contract. He also stated that some of the halls that they do use like the Knights of Columbus and The Castle are available all day on a Tuesday but if we tried to rent them on a Saturday they have weddings, fund raisers and other functions. He stated that our polling location might be an issue to have it on weekends. He stated that now you’re talking about having just the local elections which we control which could become confusing when it becomes a State or Federal election. Keith Rattell stated he spoke to the Secretary State’s office today and they quote “do not like the proposal at all”. He stated they want a call tomorrow as to what this committee has decided. He stated that we would be the only city that would be doing it; there are some smaller towns that do it now. Keith Rattell stated that he shares your passion with people needing to come and vote, some of these numbers are horrendous. He stated that the State has started with early voting which we now do with the State Elections. He stated that the residents can come early and vote right here in the chambers. He stated that we have absentee voting, if you’re not going to be around on that Tuesday you have a month where you can vote absentee. He state that there are mechanisms to try an increase the turn out. Councilor Krampits asked when we do the early voting here in the City Council Chambers would you consider that a successful program. Keith Rattell answered yes. He stated we have a great turn out; I had more than I thought we would. He stated people took a great interest in it. He stated it was a tremendous success and I think in the future that could expand. He stated that other states have done this. He stated that he sees in the future that we will be having early voting; not just for State Elections but for all. Councilor Krampits stated that if we move forward on early voting we will have a better turn out and it will reduce the expenses like you said, the price for renting a hall on Tuesday verses renting a hall on Saturday. Councilor Krampits stated that this might be a better alternative for Chicopee to look into doing local early voting here at City Hall so you won’t have to do overtime or renegotiate contracts. 2 Keith Rattell stated that we have Churches, Schools, The Knights and The Castle on Memorial Drive and Granby Road, Sheridan Circle that would have to be reorganized. He stated he has over two hundred employees hired for the elections and most of them are retired folks. He stated that on a weekend it might be a different dynamic; they might want to spend some time with their Grandchildren or with their family and may not be available on a weekend. Keith Rattell stated that our election software systems aren’t open on Saturday so if anything goes wrong we don’t have anyone to call. Councilor McAuliffe stated that by law the Secretary of State has to offer assistance to the municipality so they would be required. Keith Rattell stated that’s why the Secretary of State is so interested as to what transpires here tonight. Councilor McAuliffe stated the only thing that he hears with concerns and they are valid, is that there are logistical hurdles to overcome to make something like this possible. He stated that he does not agree with decreased turnout that is incorrect, all you have to do is look at the data and you will see it has increased turn out. He stated that right now we’re not allowed to do municipal voting early because it’s not written by the legislature and all these other changes that we’re talking about would leave the city waiting for the legislature to act when we have something in front of us that could help more Chicopee residents get engaged. He stated that we also have the need for civics education in our classrooms to keep our children more engaged in the process. He stated that what we are doing now is not working. He stated that it’s about making it easier to vote when it’s Election Day. Councilor Tillotson stated that he does not believe its lack of opportunity to vote. He thinks it’s apathy on the part of the voters, he thinks they have opportunity to vote. He stated that we could implement earlier voting as a local issue but to spend fifty to one hundred thousand dollars to have a Saturday. He stated that most of the young people; Saturday is the day to play golf or mow their lawn they’re not all exited to go and vote on a Saturday. He stated that when he first got elected, sixty five to seventy five percent of the people voted. Councilor Tillotson stated that what’s happened is that people have gotten disillusioned with the Government and the bickering that’s going on in Washington and the circus that we’ve got going on in congress; people are disillusioned and less patriotic than they were. He stated that when people were patriotic they felt that was their responsibility like going to church somehow we’ve lost that. He stated that he thinks we need to do more in the schools with civic education, and the kids realize the importance of voting. He stated the democracy only works when people are voting. He stated that it’s not the lack of opportunity and to be the only city in the Commonwealth that’s voting on a Saturday, he doesn’t think it’s a good idea. He was curious why the State isn’t introducing this. He asked why don’t you ask Senator Lesser to do something with this if it’s such an important issue. He stated it’s not the time frame keeping people from voting; there are more people working two jobs and they don’t think their vote makes a difference. Councilor Krampits stated that having a non-binding referendum that gets on the ballot just to see what the voter response is. 3 Councilor Labrie agreed that he would like to see a non-binding referendum. He asked how many hours are we open on a local election day. Keith Rattell answered 7:00 AM to 7:00 PM but we are here at 5:00 AM. He stated that we have twenty voting precincts. Councilor Labrie asked are we comparable to other cities and towns like Springfield and Holyoke. He stated that we make it very convenient for the people, now one has to drive more than one mile to go vote. He stated that he can’t see voting on a Saturday. Keith Rattell stated that you can go during work to vote, it’s actually a law you are given an hour to go vote and you can go after work until 8:00 PM. He stated that there’s absentee voting which is a month prior to the election. He stated he thinks the early voting will expand. Councilor Courchesne stated he does not think the non-binding referendum will work. He stated the people you’re targeting aren’t coming to vote for that. He stated that people are frustrated that their vote doesn’t count. Councilor Courchesne stated that it’s something worth looking into. He stated logistically it’s going to be a challenge but just because nobody else is doing it doesn’t mean we shouldn’t. Attorney Garvey stated the Attorney General would write a non-binding referendum. Councilor Laflamme stated what are the pros and the cons. The residents want to know as tax payers what is this costing. He stated that he has spoken to residents and they want to keep it on a Tuesday. People have kids going to games far away on the weekends or they’re going away for the weekend. He stated that the residents said it’s convenient when they are leaving work or picking up their kids on a weekday. He stated that a lot of these banquet halls are struggling, what if they can’t do it on a Saturday. We need to look at the cost and the software. Councilor Laflamme stated that he personally wants to leave it on a Tuesday but he’s willing to do the non- binding referendum. Councilor McAuliffe stated he would be happy to bring forward the non-binding referendum to put it on the next ballad. This is involvement in a city. Councilor Tillotson stated that he thinks there are a lot of other factors that keep people from voting other than they don’t have enough opportunity. He thinks it’s because people are discussed the way things are going and they’re unhappy and they’re involved in more civic activities; they’re kids are playing basketball and they are running here and there. He stated your putting all your eggs in one basket because we have to change it to a Saturday and that’s the magic wand. He stated he’s not convinced that’s the case. He stated what’s going on in this country, the Federal Government, the division it exists has really turned people off and I think it’s going to take more than changing the day in which they vote. 4 Councilor Zygarowski stated that the polling station is open from 7:00 AM to 8:00 PM. He thinks a lot of people just don’t care. Committee vote 4 – 0 favorable Councilor Krampits motion to take under advisement and place it on file– Councilor Tillotson 2nd the motion – motion passed Committee vote 4 – 0 favorable Item #2 BE IT ORDERED THAT the Ordinance Committee meet to discuss proposed changes to the temporary sign ordinance due to the decision handed down by the U.S. Supreme Court. Attorney Garvey stated that the temporary sign ordinance throughout the Commonwealth is that the US Supreme court came out and said that essentially regulating temporary signs violates your first amendment of free speech. He stated that we have had regulations concerning time frames for signs for an event and after an event. That is no longer allowed under law. He stated that it has to be content neutral now. He stated that we have very little control over temporary signs. He stated that we can prohibit someone from putting a temporary sign on public property without prior written permission of the City or you have legal right to do so. You can’t take a temporary sign and put it on my lawn if I don’t want it there. Potentially we could regulate in zoning so a certain size in residential zone verses a second size in a commercial zone. He stated I think at the very lease what we can do is require who puts up a temporary sign to register with the Building Department. He stated that the Supreme Court came down and said; temporary signs and all the regulations that you have are no longer enforceable because we believe it’s a violation of your first amendment right. Councilor Laflamme asked if someone is running for office they have to register every sign on every single piece of property. Attorney Garvey answered that’s what we are here to talk about. He stated that the biggest change is we used to have sixty days before the event and that is no longer enforceable. He stated you cannot limit the number of signs. Councilor Tillotson stated that the property owner still has control. He stated on public property you need permission from the City. Attorney Garvey stated that he doesn’t think the Supreme Court has not struck our right to do that. Lee Pouliot stated that the important thing from where he sits with zoning and planning is controlling what’s happening in public right of way and having an established process for that. He stated that he sees temporary signs for business and signs nailed into street trees. I think we need to get a handle on that and have a well- established process and the capacity to deal with those signs that are not properly permitted. Councilor Courchesne stated that the reason he brought it forward is he wants to get in line with the Supreme Court but he doesn’t want to see any fee’s attached. He stated a lot of people use signs for fundraisers. 5 Councilor Tillotson stated we can illuminate non-profits. Lee Pouliot stated I think you only want to consider a fee structure if people wanted to put signs in the public right-of-way. I think we should have a process in place. He stated there is a cost; the signs fly around and the DPW has to go out and pick them up. He stated if people want to put things in the right-of-way I think you should consider that. Carl Dietz stated that the problem is trying to determine where the public property ends and the private property starts that’s always sort of been the nuisance issue. He stated that we are always going to have people putting signs on the rotary and those kinds of places. Those we’re just going to continue to pick up in perpetuity. He stated that you can’t find these people to penalize them. Councilor Tillotson stated that we emphasize that you can’t put any signs on public property and you have to have permission of the owner of the private property. He stated they have to go through the Building Department. Attorney Garvey stated he will redraft it. He stated he wants to make sure our Planning Director and Zoning Enforcement officer are on board. He stated it will be prohibited on public property without prior written consent. Councilor Courchesne stated that you can’t discriminate what’s on it. Councilor Tillotson stated we have to figure out what department will be responsible for it. Councilor Laflamme stated he would like to see three departments. Councilor Tillitson agreed Planning, Building and the Mayor’s office. Lee Pouliot stated for public right-of-way he would like someone from Engineering or DPW because it could be a visibility issue within the public right-of-way depending where the sign is going to be located, size, height and utilities. Councilor Tillotson stated the Mayor will have the final decision. Councilor Tillotson stated that the Law Department will redraft the ordinance and hopefully it can be filed by the next meeting. To take under advisement. Committee vote 4 – 0 favorable Item #3 Delete Chapter 16-44 A and B in its entirety and insert in place thereof Chapter 16-44 A. No less than one month prior to the solicitation of request for proposal in connection with a bid for construction of any project requiring a Commission in accordance with 16-43, the Mayor shall appoint a total of nine (9) members, all of whom shall be subject to confirmation upon the affirmative vote of nine Councilors. The nine (9) members shall be selected as follows: (1) Seven (7): members shall be selected on the basis of one resident from each ward as nominated by the Ward Councilor; (2) Two (2): members shall be selected by the Mayor from any part of the City; and (3) Four (4) members shall be selected by the Mayor from any part of the City. B. Nothing herein shall prevent a department head, elected or appointed official or employee of the City from serving on the Commission as one of the nine (9) members, except that no members of the City Council shall, during the term of which he/she is elected, hold any other office in or under City government. 6 Amended version BE IT ORDAINED TO Delete Chapter 16-44 A. and B. in its entirety and insert in place thereof Chapter 16-44 A. No less than one month prior to the solicitation of request for proposal in connection with a bid for construction of any project requiring a Commission in accordance with §16-43, the Mayor shall appoint a total of nine (9) members, all of whom shall be subject to confirmation upon the affirmative vote of nine Councilors. The nine (9) members shall be selected as follows: (1) Seven (7) members shall be selected by the City Council, and (2) Two (2) members shall be selected by the Mayor. B. Nothing herein shall prevent a department heard, elected or appointed official or employee of the City from serving on the Commission as one of the nine (9) members, except that no members of the City Council shall, during the term of which he/she is elected, hold any other office in or under City government Councilor Tillotson stated that there has been some changes made and I’m going to have to amend the order in front of us. He stated that the Law Department came up with a new one. Councilor Krampits motion to approve the amended version – Councilor Tilloston 2nd the motion – motion passed Committee vote 5 – 0 favorable Councilor Laflamme motion to take Item #4 out of order – Councilor Tillotson 2 nd the motion - motion passed Item #4 Chapter 260-28 A Parking of commercial vehicles Delete in its entirety And insert in place thereof A. No driver shall park or stand any motor vehicle and/or motor vehicle attachment having a gross vehicle weight of 26,001 pounds or more or exceeding 24 feet in combined length for more than twelve hours on any day, on any part of any street, way, highway, road or parkway under the control of the City of Chicopee where parking or standing a vehicle is not otherwise prohibited, provided that this regulation shall not apply during actual service or delivery or in the case of emergency. Motor vehicles, regardless of size, owned or operated by the City of Chicopee, the Commonwealth of Massachusetts or the United States of America are hereby exempt from these regulations. Each day in which a motor vehicle is in violation of this provision shall constitute a separate offense. Councilor Krampits motion to amend from 12 to 8 hours - Councilor Tillotson 2 nd the motion – motion passed Amended version Chapter 260-28 A Parking of commercial vehicles Delete in its entirety And insert in place thereof 7  B. No driver shall park or stand any motor vehicle and/or motor vehicle attachment having a gross vehicle weight of 26,001 pounds or more or exceeding 24 feet in combined length for more than eight hours on any day, on any part of any street, way, highway, road or parkway under the control of the City of Chicopee where parking or standing a vehicle is not otherwise prohibited, provided that this regulation shall not apply during actual service or delivery or in the case of emergency. Motor vehicles, regardless of size, owned or operated by the City of Chicopee, the Commonwealth of Massachusetts or the United States of America are hereby exempt from these regulations. Each day in which a motor vehicle is in violation of this provision shall constitute a separate offense. Councilor Labrie stated that if we give them twelve hours they can take those trucks home every night. Councilor Laflamme stated that he is not in favor of going down to four hours. He stated there are a lot of people with smaller trucks that they take home with them. He stated that he understands Councilor Labrie’s issue and has received calls on it. Councilor Labrie stated that he does not want a cab that big starting up in my front yard. Councilor Laflamme stated we need an informant as well as who’s clocking it for enforcement. Councilor Courchesne stated that all they have to do is move it three feet; they don’t have to move it off the street. Councilor Labrie stated that we have three in my ward now. His concern is it will grow to more. Councilor Courchesne stated this ordinance is not enforceable until someone calls. Councilor Krampits motion to accept the ordinance from twelve hours to eight hours Councilor Laflamme motion to approve – Councilor Tillotson 2nd the motion – motion passed Committee vote 4 – 0 favorable Krampits unfavorable 1 – 0 Labrie Laflamme Roy Tillotson Item #5 Chapter 260-28 Parking of commercial vehicles Add D. Violations of this section shall be as follows (1) First offense: $50 (2) Second offense: $100 (3) Third offense: $200 Committee vote 5 – 0 favorable Item #6 Add - ROLF AVENUE At 221 Rolf Avenue for a distance of 18 feet after driveway MONDAY – FRIDAY 8 AM – 3 PM SEPTEMBER – JUNE - PARKING PROHIBITED CERTAIN HOURS 8 Committee vote 5 – 0 favorable Item #7 Add - DEBRA DRIVE From the beginning to the right of the driveway at 77 Debra Drive to the property line - PARKING PROHIBITED The committee was unclear to as the sign location Councilor Krampits motion to postpone to the next meeting for clarification – Councilor Laflamme 2nd the motion – motion passed Committee vote 5 – 0 favorable Item #8 Add - DEBRA DRIVE from 100 Debra Drive to 84 Debra Drive - PARKING PROHIBITED The committee was unclear to as the sign location Postpone to the next meeting for clarification Committee vote 5 – 0 favorable Councilor Laflamme motion to take Item #9 - #27 out of order Item #9 Add - COURT STREET STOP #6633 – Court Street #2 between 100 and 200 feet North of the Fire Department Driveway - BUS STOP Sandra Sheehan, Administrator PVTA and Nicole Rohan, General Manager Springfield Area Transit Company Valley Area Transit Company were present. . Councilor Laflamme motion to approve – Councilor Tillotson 2nd the motion –motion passed Committee vote 5 – 0 favorable Item #10 Striking from MEADOW/CHARPENTIER – Stop #559 – 261 Meadow Street – BUS STOP Councilor Laflamme motion to approve – Councilor Tillotson 2nd the motion – motion passed Committee vote 5 – 0 favorable Item #11 Add - MEADOW/CHARPENTIER – Stop #559 – 251 Meadow Street – BUS STOP Councilor Laflamme motion to approve – Councilor Tillotson 2nd the motion – motion passed 9 Committee vote 5 – 0 favorable Item #12 Striking from MEADOW/DUCHARME – Stop #568 – 330 Meadow Street – BUS STOP Committee vote 5 – 0 favorable Item #13 Add - MEADOW/DUCHARME – Stop #568 – 356 Meadow Street – BUS STOP Committee vote 5 – 0 favorable Item #14 Add - MEADOW/ST. ANTHONY – Stop #6473 – 238 Meadow Street – BUS STOP Committee vote 4 – 0 favorable Item #15 Striking from GRATTAN/PROVIDENCE – Stop #587 – 700 Grattan Street – BUS STOP Committee vote 5 – 0 favorable Item #16 Add - GRATTAN/PROVIDENCE – Stop #587 – 688 Grattan Street – BUS STOP Committee vote 5 – 0 favorable Item #17 Striking from BETTER / BETTER – Stop #401 – 1 Better Way – BUS STOP Committee vote 5 – 0 favorable Item #18 Striking from FLEMING INDUSTRIES – Stop # 480 – 20 Veterans Drive – BUS STOP Committee vote 5 – 0 favorable Item #19 Striking from WESTOVER INDUSTRIAL PARK DRIVE / DULONG – Stop #532 – 134 Dulong Circle – BUS STOP Committee vote 5 – 0 favorable Item #20 Striking from MONTGOMERY / GRATTAN – Stop #649 – 29 Montgomery Street – BUS STOP 10 Committee vote 5 – 0 favorable Item #21 Striking from GRATTAN / PERCY – Stop #601 – 593 Grattan Street – BUS STOP Committee vote 5 – 0 favorable Item #22 Striking from MAIN / CANTERBURY – Stop #667 – 162 E. Main Street – BUS STOP Committee vote 5 – 0 favorable Item #23 Striking from CAREW / QUEBEC – Stop #741 - 314 Carew Street – BUS STOP Committee vote 5 – 0 favorable Item #24 Striking from GRATTAN / PROVIDENCE – Stop #586 – 703 Grattan Street – BUS STOP Committee vote 5 – 0 favorable Item #25 Add - GRATTAN / PROVIDENCE – Stop #586 – 709 Grattan Street – BUS STOP Committee vote 5 – 0 favorable Item #26 Striking from GRATTAN / MONTGOMERY – Stop #650 – 36 Grattan Street – BUS STOP Committee vote 5 – 0 favorable Item #27 Add - GRATTAN / MONTGOMERY – Stop #650 – 30 Grattan Street – BUS STOP Committee vote 5 – 0 favorable Item #28 Councilor Labrie motion to approve the minutes of August 28, 2018 – Councilor Laflamme 2nd the motion – motion passed Meeting adjourned at 8:15 PM 11 12