City Council - Ordinance Committee

City of Chicopee City Council Ordinance Committee DRAFT Members James Tillotson, Chair Fred Krampits, Vice Chair Frank Laflamme Gary Labrie Jerry Roy APPROVED 11-23-2021 MINUTES October 12, 2021 The following are the minutes of a public hearing held Tuesday, October 12, 2021 at 6:30 PM in the City Council Chambers, 4th Floor, City Hall 274 Front Street, Chicopee, MA 01013. Members Present: Tillotson, Krampits, Laflamme, Labrie, Roy Also Present: Dan Garvey (Associate City Solicitor), John Beaulieu (Assistant DPW Superintendent), Lieutenant Holly Cote (Chief of Police Assistant) Elizabeth Soja (Director of Occupational –Human Resource), Elizabette Batista (DPW Superintendent), Doug Ellis (City Engineer), Councilor Courchesne, Councilor Zygarowski, Councilor Walczak, Marie Laflamme (Treasurer), Paul Winspeare (Assistant Director of Human Resource) 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 7 Ordinance Revisions Group 2 N Office of the Treasurer Add – New b. Special Projects Manager $41,783.49 Grade 5 Marie Laflamme stated the need has arisen. She stated that the old position was a clerk but she would like to bring it up to a more modern work force. She stated with covid-19 there is a lot of compliance and reporting that she needs assistance with. She found the need to be proactive and change the job description. Councilor Roy motion to approve – Councilor Tillotson 2nd the motion – motion passed Committee vote 5 – 0 favorable 1 ITEM #2 Chapter 198 Motor Vehicles on City Property Add to 198-2 Violations and penalties (A) No person shall operate a recreational vehicle or off-highway/road on any City-owned or-controlled public way, sidewalk, park, playground, recreation area, public school property or any other property owned or controlled by the City. (B) No person operating or in control of a recreational or off-highway/road vehicle shall refuse to stop such vehicle after having been requested or signaled by a law enforcement officer, No person shall refuse to give their correct name, address or registration to the law enforcement officer. (C) No person shall operate a recreational or off-highway/road vehicle recklessly or negligently so that the lives of the public might be endangered and/or such operation, cause serious bodily injury. (D) No person shall operate a recreational or off-highway/road vehicle recklessly or negligently so as to cause property damage public/and or private property. (E) No person shall operate a recreational or off-highway/road vehicle without stopping and making their name, address and vehicle information known after knowingly colliding with or otherwise causing bodily injury to another. (F) No person shall operate a recreational or off-highway/road vehicle recklessly or negligently so that the lives or safety of the public may be endangered. (G) No person shall operate a recreational or off-highway/road vehicle recklessly or negligently as to harasses or be a nuisance to the public. (H) No person shall operate a recreational or off-highway/road vehicle without first having registered/insured such vehicle in accordance with MGL c.90B Section 22. Holly Cote stated that there are a lot of legal issues when it comes to trying to do this. She stated that this could put the cashiers at risk. She stated what we have on the books might suffice. She would refer to the Attorney. Attorney Garvey stated these rules and regulations under Chapter 90 are already enforceable through the Police Department. He is assuming he wants to have that same ability on city owned property. We currently have Chapter 198 which prohibits all motor vehicles including small snow mobiles and motor bikes prohibiting them from entering on city property. It does allow the Police to stop them and ticket them. Councilor Tillotson stated if we don’t need it why create it. Attorney Garvey stated as soon as you place yourself on city property with a snowmobile and motorized bike you are subject to a five hundred dollar fine. Councilor Laflamme stated if an individual has multiple fines can they confiscate the bike. Attorney Garvey stated you have to a court hearing. Holly Cote sated if it’s a stolen bike you can fine and tow it. It’s mostly bikes on road. Councilor Krampits recommends postponing it until Deputy Gawron can be here to discuss it. Councilor Courchesne stated Deputy Gawron put the effort into this and we should have another meeting before it dies at the end of the year. Holly Cote stated that the task force is; Chicopee, Springfield, West Springfield and Holyoke because we’ve had the dirt bike problem but this ordinance is more about the city properties. Councilor Laflamme motion to postpone to the call of the chair – Councilor Labrie 2nd the motion – motion passed Committee vote 5 – 0 favorable 2 ITEM #3 Chapter 198 Motor Vehicles on City Property Add 198-2.1 Penalties for violations 1st Offense $ 500.00 2nd Offense $1,000.00 rd 3 Offense $1,500.00 Councilor Krampits motion to postpone to the call of the chair – Councilor Tillotson 2nd the motion – motion passed Committee vote 5 – 0 favorable ITEM #4 Chapter 188-20 Service and self-service station licenses. Add S Sale of Gasoline for Illegal Purposes (a) No owner of employee of any retail dealer of gasoline shall sell, offer for sale, or attempt to sell any article or product represented as gasoline for use in any motorized recreational vehicle as defined in this ordinance, unless that vehicle is conveyed to and from the retailer’s premises by a registered motor vehicle, as defined under Massachusetts General Law Chapter 90 section 1, as may be amended, and no individual shall purchase or attempt to purchase gasoline for use in any motorized recreational vehicle as defined in this ordinance. (b) Signs with the words “FUELING OF ALL TERRAIN VEHICLES, MINI-CYCLES, DIRT BIKES, OR OTHER UNAUTHORIZED VEHICLES PROHIBITED” in English and “PROHIBIDO DESPACHAR GASOLINA A ALL TERRAIN VEHICLES, MINI-CYCLES O DIRT BIKES 0 A OTROS VEHICULOS NO AUTORIZADOS” in Spanish at least one (1) inch in height with a contrasting margin shall be posted at all dispensing locations. The location of warning signs shall be based on local conditions but shall be visible and legible from all gas pumps. Signage to be provided by the City. (c) Any owner of any retail dealer of gasoline which violates any provision of Subsections (a) or (b) of this section who owns or is employed by a retail dealer that has been previously issued a warning as the result of a previous violation of Subsections (a) or (b) of this section shall be fined one hundred dollars ($100.00) per occurrence. Each motorized recreational vehicle as to which an owner or employee of any retail dealer of gasoline sells, offers for sale, or attempts to sell gasoline shall be considered a separate violation of Section (a) above. T. Offense Fine Enforcing Personnel Sale of Gasoline $100.00 Chicopee Police Department For Illegal Purposes Councilor Tillotson stated that Councilor Courchesne is still working on this. Councilor Laflamme motion to postpone to the call of the chair – Councilor Tillotson 2nd the motion – motion passed Committee vote 5 – 0 favorable ITEM #5 Chapter 243-28 Obstruction of streets and sidewalks prohibited. Add to Chapter 243-28 A1 A1 Any such obstruction shall be tagged by the DPW or their designee for a period of 48 hours and if said obstruction is not so removed, the DPW shall remove said obstruction and hold for a period of 45 days during which time the owner may retrieve said obstruction. If the obstruction is not retrieved by the owner within the 45 day period, said obstruction shall be discarded and/or disposed of by the DPW. 3 Councilor Roy motion to defeat – Councilor Tillotson 2nd the motion – motion passed Committee vote 5 – 0 favorable ITEM #6 Streiber Drive – For a distance of 75 feet from the intersection of Vadnais Street – Parking Prohibited Anytime Councilor Courchesne stated that the residents called him and he went out and looked at it. It is very congested. Councilor Laflamme motion to approve – Councilor Roy 2nd the motion – motion passed Committee vote 5 – 0 favorable ITEM #7 Ranger Street – North side – Parking Prohibited This Side Councilor Laflamme motion to approve – Councilor Tillotson 2nd the motion – motion passed Committee vote 5 – 0 favorable Meeting adjourned at 7:20 PM. 4