City Council - Ordinance Committee

City of Chicopee City Council Ordinance Committee Members James Tillotson, Chair Fred Krampits, Vice Chair Frank Laflamme Gary Labrie Jerry Roy APPROVED MINUTES October 8, 2019 The following are the minutes of a public hearing held Tuesday, October 8, 2019, at 6:30 PM Senior Center, Small Garden Room #14A, 5 W Main Street, Chicopee, MA 01020 Members Present: Tillotson, Krampits, Laflamme, Labrie, Roy Also Present: Dan Garvey (Associate City Solicitor), Douglas Ellis (City Engineer), Elizabette Botelho (DPW Superintendent), Councilor Dobosz, Councilor Courchesne 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. Hearing none the meeting continued. ITEM #1 Chapter 169-40 Maintenance; violations and penalties; enforcement Delete 169-40 F And insert in place thereof F. Enforceable by the Chicopee Police Department, Chicopee Building Department, Chicopee Health Department or the Superintendent of Public Works or any of their designee(s). Any person or entity who fails to comply with any portion of this article shall be fined $25 per day. A person or entity commits a separate offense for each and every day a violation continues. Motion made by Councilor Laflamme and second by Councilor Tillotson to take Item #2 out of order. Motion passed. ITEM #2 Add to Chapter 169 Section 13 H. Trash/Recycling/Yard Waste containers/totes must be removed from the street/tree belt by midnight the day after scheduled pick up. Councilor Courchesne stated that the ordinance should be amended to read H. Trash/Recycling/Yard Waste containers/totes must be removed from the street/tree belt by 11:59 PM the day after pick up. 1 Motion made by Councilor Krampits and second by Councilor Labrie to approve as amended. Committee vote 5 – 0 favorable. Motion made by Councilor Krampits and second by Councilor Tillotson to return to the regular order of business. ITEM #1 Chapter 169-40 Maintenance; violations and penalties; enforcement Delete 169-40 F And insert in place thereof F. Enforceable by the Chicopee Police Department, Chicopee Building Department, Chicopee Health Department or the Superintendent of Public Works or any of their designee(s). Any person or entity who fails to comply with any portion of this article shall be fined $25 per day. A person or entity commits a separate offense for each and every day a violation continues. Attorney Garvey stated that Chapter 169 encompasses everything. Collection, what was just discussed in the previous item on the agenda, litter thrown from vehicles, truck loads, sweeping things into the gutter. Elizabette Botelho stated that this will be very difficult. Committee amended as follows: F. Enforceable by the Chicopee Police Department, Chicopee Building Department, Chicopee Health Department or the Superintendent of Public Works or any of their designee(s). Any person or entity who fails to comply with any portion of this article shall be fined $25 per day unless otherwise stated in this chapter. A person or entity commits a separate offense for each and every day a violation continues. Motion made by Councilor Laflamme and second by Councilor Labrie to approve as amended. Committee vote 5 – 0 favorable. ITEM #3 Add Chapter 198, Section 1.1 – “Repair of Motor Vehicles on Public Property Prohibited” It shall be unlawful for any person to repair a motor vehicle on public property, including but not limited to, a public way, park, city owned parking lot, right of way and/or sidewalk. Councilor Courchesne stated that everyone thought that it is already illegal but it is not included in the code book. Elizabette Botelho asked about changing a flat tire. Is that considered repair to a vehicle? Councilor Courchesne stated that the Police Department has the authority to use their discretion. 2 Committee amended as follows: It shall be unlawful for any person to repair a motor vehicle on public property, including but not limited to, a public way, park, city owned parking lot, right of way and/or sidewalk except in an emergency. Motion made by Councilor Krampits and second by Councilor Tillotson to approve. Committee vote 5 – 0 favorable. ITEM #4 Handicap Parking – 74 Peloquin Drive Elizabette Botelho stated that the committee is already aware of her stance on handicap parking locations that are not suitable for all handicap needs. This particular location, 74 Peloquin Drive, has granite curbing, no ramp. This is also near the end of the circle that has 2 handicap signs. Elizabette Botelho’s recommendation is that the request be denied. Motion made by Councilor Laflamme and second by Councilor Roy to deny. Committee vote 5 – 0 favorable to deny. ITEM #5 Hampden Street – From the corner of Burton Street to the corner of Kennedy Street – Parking Prohibited Certain Hours – Monday – Friday 7 AM – 9 AM and 2 PM – 4 PM Councilor Tillotson stated that this is near Bowe School to keep this space open during school hours. Motion made by Councilor Roy and second by Councilor Tillotson to approve. Committee vote 5 – 0 favorable. ITEM#6 Hunt Seat Drive – Intersection of Bridle Path Road – Isolated Stop Sign Councilor Tillotson stated that he received a couple of calls from the neighborhood that the Yield sign was not working. He asked Engineering to take a look at this intersection and he received a report from Chris Chaban that his recommendation is to install a Stop Sign. Chris Chaban further stated that under 275-44 the bushes at the corner should be addressed by the Building Department. Councilor Tillotson stated that the bushes have been cut back. Motion made by Councilor Roy and second by Councilor Tillotson to approve. Committee vote 5 – 0 favorable. ITEM #7 Sampson Street – Right side – for a distance of 50 feet from the intersection – Parking Prohibited Here to Corner 3 Ordinance was amended to read as follows: SAMPSON STREET – South side – for a distance of 30 feet from the intersection – PARKING PROHIBITED HER TO CORNER Motion made by Councilor Krampits and second by Councilor Tillotson to approve as amended. Committee vote 5 – 0 favorable. ITEM #8 Minutes – September 10, 2019 Motion made by Councilor Laflamme and second by Councilor Tillotson to approve. Meeting adjourned at 7:05 PM. 4