City Council - Ordinance Committee

City of Chicopee City Council Ordinance Committee DRAFT Members James Tillotson, Chair Fred Krampits, Vice Chair Derek Dobosz Gary Labrie Jerry Roy APPROVED 11-7-2022 MINUTES October 11, 2022 The following are the minutes of a public hearing held Tuesday, October 11, 2022 at 6:30 PM in the City Council Chambers, 4th Floor, City Hall, 274 Front Street, Chicopee, MA 01013. Members Present: Tillotson, Krampits, Dobosz, Labrie, Roy Also Present: Dan Garvey (Associate City Solicitor), Councilor Laflamme, Doug Ellis (City Engineer), Councilor Zygarowski, Councilor Courchesne, John Beaulieu (Assistant DPW Superintendent), Councilor López, Councilor Pniak-Costello, Councilor Balakier, Daniel Stamborski (Fire Chief) 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. Motion made by Councilor Labrie and second by Councilor Tillotson to take out of order Item #17 and Item #18. Roll Call Vote Yes No Tillotson X Krampits X Dobosz X Labrie X Roy X Motion passed. Item #17 1 119 Eastern Drive – HANDICAP PARKING Councilor López stated that she realizes that it is private property and the City does not have the authority to place handicap parking spaces on private property but she would like this on the record. Motion made by Councilor Krampits and second by Councilor Tillotson to deny. Roll Call Vote Yes No Tillotson X Krampits X Dobosz X Labrie X Roy X Motion passed. Item #18 61 Eastern Drive – HANDICAP PARKING Motion made by Councilor Labrie and second by Councilor Tillotson to deny. Roll Call Vote Yes No Tillotson X Krampits X Dobosz X Labrie X Roy X Motion passed. Motion made by Councilor Labrie and second by Councilor Tillotson to take Item #15 out of order. Roll Call Vote Yes No Tillotson X Krampits X Dobosz X Labrie X Roy X Motion passed. Item #15 22 Plante Circle – HANDICAP PARKING 2 Monika Blazic, Executive Director Chicopee Housing Authority, was present via zoom. She stated that the Housing Authority is in the process of making an accessible 3 bedroom unit as required by HUD. Motion made by Councilor Roy and second by Councilor Tillotson to approve. Roll Call Vote Yes No Tillotson X Krampits X Dobosz X Labrie X Roy X Motion passed. Motion made by Councilor Dobosz and second by Councilor Tillotson to take Item #16 out of order. Roll Call Vote Yes No Tillotson X Krampits X Dobosz X Labrie X Roy X Motion passed. Item #16 Hampden Street – North – At the intersection of Center Street – RIGHT TURNS ON RED Councilor Zygarowski stated that the crossing guards at this intersection are requesting this ordinance because of concerns for pedestrian safety. Amend to read – NO TURN ON RED Motion made by Councilor Krampits and second by Councilor Tillotson to approve. Roll Call Vote Yes No Tillotson X Krampits X Dobosz X Labrie X Roy X 3 Motion passed. Item #1 DELETE CHAPTER 34, SECTION 1: COMPOSITION THE FIRE DEPARTMENT OF THE CITY OF CHICOPEE SHALL CONSIST OF ONE FIRE CHIEF, FIVE DEPUTY CHIEFS TO BE DESIGNATED FIRST, SECOND, THIRD, FOURTH AND FIFTH DEPUTY CHIEFS, RESPECTFULLY, 14 CAPTAINS, 24 LIEUTENANTS, 105 FIREFIGHTERS, ONE ADMINISTRATIVE ASSISTANT, ONE PRINCIPAL CLERK, ONE SENIOR CLERK, ONE FIRE TECH/FOREMAN. AND REPLACE THEREWITH CHAPTER 34, SECTION 1: COMPOSITION THE FIRE DEPARTMENT OF THE CITY OF CHICOPEE SHALL CONSIST OF ONE FIRE CHIEF, FIVE DEPUTY CHIEFS TO BE DESIGNATED FIRST, SECOND, THIRD, FOURTH, AND FIFTH DEPUTY CHIEFS, RESPECTFULLY, 15 CAPTAINS, 24 LIEUTENANTS, 105 FIREFIGHTERS, ONE MANAGER OF ADMINISTRATIVE OPERATIONS, ONE PRINCIPAL CLERK, ONE SENIOR CLERK, ONE MOTOR EQUIPMENT REPAIRMAN. Chief Stamborski stated that after meeting with the Mayor and President Laflamme, President Laflamme suggested that the One Fire Tech/Fireman position be put back into the proposed new ordinance. Motion made by Councilor Labrie and second by Councilor Tillotson to add One Fire Tech/Foreman. Roll Call Vote Yes No Tillotson X Krampits X Dobosz X Labrie X Roy X Motion passed. Motion made by Councilor Labrie and second by Councilor Tillotson to approve as amended. Roll Call Vote Yes No Tillotson X Krampits X Dobosz X Labrie X Roy X Motion passed. 4 Item #2 SECTION 77-1 PERSONNEL. A. THE POLICE DEPARTMENT OF THE CITY OF CHICOPEE SHALL CONSIST OF ONE CHIEF, FIVE CAPTAINS, SEVEN LIEUTENANTS, 19 SERGEANTS, NOT MORE THAN 120 PATROLMEN, AND SUCH NUMBER OF RESERVE PATROLMAN AS PRESCRIBED BY CHAPTER 314 OF THE ACTS OF 1986 (MGL C. 147, SECTIONS 11 AND 12). Councilor Tillotson stated that this ordinance has already gone through this process and was approved but it was filed with the wrong language. So this is to correct that error. Motion made by Councilor Dobosz and second by Councilor Tillotson to approve. Roll Call Vote Yes No Tillotson X Krampits X Dobosz X Labrie X Roy X Motion passed. Item #3 Chapter 7 Ordinance Revisions Group 2 P Human Resources c. Senior Generalist $55,666.08 Grade 7 40 hrs d. Administrative Assistant $30,567.36 Grade 4 40 hrs Paul Windspeare stated that stated that he acquired a Senior Generalist from another community that has experience and knowledge and deserves to be paid at a higher rate. The Administrative Assistant comes with less experience and therefore is starting at this lower rate. Motion made by Councilor Roy and second by Councilor Tillotson to approve. Roll Call Vote Yes No Tillotson X Krampits X Dobosz X Labrie X Roy X Motion passed. Item #4 Chapter 132-6 B Processing citations; response by violator; objections to validity of citation; penalties for nonpayment. Delete $10 And Insert in Place Thereof $40 5 To read: Where a notice of violation is issued for Code violations, the alleged violator, within 21 days, shall return the notice of violation, by mail, personally or by an authorized person, to the hearing officer and shall either: (1) pay in full the scheduled fine by check, postal note, money order and send said payment to the Collector's office; or (2) request a hearing before the Hearing Officer, in which case the request for appeal shall be forwarded to the Hearing Officer for scheduling. Each violation issued shall contain a statement explaining the procedure to adjudicate the violation by mail. Any amounts paid shall be payable to the City of Chicopee and forwarded to the Collector's office for proper posting. If a fine remains unpaid for 21 days and no hearing has been requested, a letter shall be sent by the Hearing Officer to the property owner of record's mailing address and, if appropriate, to the local individual or property management company responsible for the maintenance of the property, with a processing fee of $40, notifying him that the fine shall be paid within 30 days after the receipt of that notice unless, within 14 days of receiving that notice, the property owner requests a hearing before the Hearing Officer and swears in writing, under the pains and penalties of perjury, that the property owner did not receive the notice of violation. If the fine remains unpaid after that thirty-day period, additional penalties and interest may be attached. Thereafter, any fine and additional penalties and interest that may be attached and which remain unpaid shall become an additional assessment on the property owner's tax bill. Such amount and cost relative thereto may also be a lien upon such real estate as provided in Section 42B of Chapter 40 of the Massachusetts General Laws. The City's determination of whether to place a lien on the property may involve the number of and the dollar amount of the violations on the property. The property owner of record shall be notified by certified mail of the lien on the property. No lien shall be removed without notice from the Tax Collector that all such matters have been disposed of in accordance with the law. Additional charges equal to the amount required to file the lien and the amount required to release the lien shall be assessed against the owner of record for the purpose of ensuring that all costs associated with filing the release are recovered. Councilor Courchesne stated that he is just requesting that the processing fee be increased to $40. Motion made by Councilor Krampits and second by Councilor Tillotson to approve. Roll Call Vote Yes No Tillotson X Krampits X Dobosz X Labrie X Roy X Motion passed. Item # 5 Chapter 132-9 A Schedule of Fines Delete “and for each day the condition is not remediated.” And insert in place thereof “$50 for the second consecutive day and $100 for the third and subsequent days the condition is not remediated. To read: A. There shall be a fine of $25 for each incident of improper removal or failure to remove accumulated snow and ice, $50 for the second consecutive day and $100 for the third and subsequent days the condition is not remediated. 6 Councilor Courchesne stated that this proposed ordinance will increase the fines for the first, second, and third and subsequent days until the snow or ice has been removed. Motion made by Councilor Krampits and second by Councilor Tillotson to approve. Roll Call Vote Yes No Tillotson X Krampits X Dobosz X Labrie X Roy X Motion passed. Item #6 Delete - Bus Stop 6444 – Chicopee/Baptist – 996 Chicopee Street Councilor Courchesne stated that he received an email from the PVTA stating that they were confused by this proposal. Councilor Courchesne stated that the order to delete should be at 993 Chicopee Street not 996 Chicopee Street. Motion made by Councilor Labrie and second by Councilor Tillotson to amend from 996 Chicopee Street to 993 Chicopee Street. Roll Call Vote Yes No Tillotson X Krampits X Dobosz X Labrie X Roy X Motion passed. Motion made by Councilor Labrie and second by Councilor Tillotson to approve as amended. Roll Call Vote Yes No Tillotson X Krampits X Dobosz X Labrie X Roy X Motion passed. 7 Item #7 Bus Stop – 6444 – Chicopee/Baptist – 957 Chicopee Street Councilor Courchesne stated that this proposal is to move the stop from 993 Chicopee to this location of 957 Chicopee Street. Motion made by Councilor Labrie and second by Councilor Tillotson to approve. Roll Call Vote Yes No Tillotson X Krampits X Dobosz X Labrie X Roy X Motion passed. Item #8 Delete – Front Street – Travelling west – From Springfield Street to Depot Street – ONE-WAY STREET The traffic island on Front Street was installed so that two-way traffic behind the plaza could be allowed and the loading docks for the stores legally accessed. Without two-way traffic, trucks using the loading docks previously would sometimes have to violate the one-way. Motion made by Councilor Dobosz and second by Councilor Tillotson to approve. Roll Call Vote Yes No Tillotson X Krampits X Dobosz X Labrie X Roy X Motion passed. Item #9 Front Street – Travelling west – From Springfield Street to Cabot Street – ONE-WAY STREET Motion made by Councilor Dobosz and second by Councilor Tillotson to approve. Roll Call Vote Yes No Tillotson X Krampits X 8  Dobosz X Labrie X Roy X Motion passed. Item #10 Front Street – Travelling west – From Perkins Street to Depot Street – ONE-WAY STREET Motion made by Councilor Dobosz and second by Councilor Tillotson to approve. Roll Call Vote Yes No Tillotson X Krampits X Dobosz X Labrie X Roy X Motion passed. Item #11 Newbury Street – At the intersection of Springfield Street – SOLAR LIGHTED ISOLATED STOP SIGN Motion made by Councilor Krampits and second by Councilor Tillotson to approve. Roll Call Vote Yes No Tillotson X Krampits X Dobosz X Labrie X Roy X Motion passed. Item #12 New Ludlow Road – Gas station and convenience store at the corner of Memorial Drive and New Ludlow Road – DO NOT BLOCK THE BOX Doug Ellis stated that this location for “DO NOT BLOCK THE BOX” striping is too close to the intersection with Memorial Drive. It would interfere with the left turn only lane by effectively eliminating it. Motion made by Councilor Labrie and second by Councilor Tillotson to defeat. 9 Roll Call Vote Yes No Tillotson X Krampits X Dobosz X Labrie X Roy X Motion passed to defeat. Item #13 New Ludlow Road – At the intersection of Dollar General shopping center – DO NOT BLOCK THE BOX Doug Ellis stated that this is a good location for the DO NO BLOCK THE BOX. Motion made by Councilor Roy and second by Councilor Tillotson to approve. Roll Call Vote Yes No Tillotson X Krampits X Dobosz X Labrie X Roy X Motion passed. Item #14 Myrtle Street – In front of 14 Myrtle Street – PARKING PROHIBITED Councilor Balakier stated that he received a request from a resident of the street for this sign. The street is one way and narrow and there are times when a car parks in front of 14 Myrtle Street and makes it difficult to get by. Doug Ellis stated that there are currently two “No Parking” signs on the north side of Myrtle Street, one in front of 10-12 Myrtle Street and another in front of 28 Myrtle. There is also a “No Parking Here to Corner” sign on the south side of the street, approximately 25 feet from Elm Street. There are no existing ordinances for an of these signs. In order to create an Ordinance for the two existing signs on the north side and include no parking in front of 14 Myrtle Street, the proposed Ordinance could read: MYRTLE STREET – North side – PARKING PROHIBITED ENTIRE LENGTH Councilor Balakier stated that he would like to try out this ordinance and if it doesn’t work out then he will file another ordinance. Motion made by Councilor Roy and second by Councilor Tillotson to approve. Roll Call Vote Yes No Tillotson X 10  Krampits X Dobosz X Labrie X Roy X Motion passed. Item #19 Edmund Street – South side – From St. James Avenue to CEL pole #2 – PARKING PROHIBITED HERE TO CORNER WITH ARROW Motion made by Councilor Dobosz and second by Councilor Tillotson to approve. Roll Call Vote Yes No Tillotson X Krampits X Dobosz X Labrie X Roy X Motion passed. Item #20 Thomas street - From the left and right property lines of 25 Thomas Street - TOW ZONE Motion made by Councilor Roy and second by Councilor Tillotson to approve. Roll Call Vote Yes No Tillotson X Krampits X Dobosz X Labrie X Roy X Motion passed. Item #21 Narragansett Blvd - Even and odd sides 25 feet to the intersection of Chicopee Street - PARKING PROHIBITED Doug Ellis stated that there is an existing “No Parking Here to Corner” sign on the south (odd) side of Narragansett Blvd, approximately 55’ from Chicopee Street. There is no existing Ordinance for this sign. There is an existing “Slow Children” sign on the north (even) side of the street, approximately 50’ from Chicopee Street. The proposed ordinance could be revised to utilize these existing sign posts to read as follows: 11 NARRAGANSETT BLVD – South side – 55 feet from Chicopee Street – North side – 50’ from Chicopee Street – PARKING PROHIBITED HERE TO CORNER. Motion made by Councilor Krampits and second by Councilor Tillotson to amend to read – NARRAGANSETT BLVD – Even and odd sides 55 feet to the intersection of Chicopee Street – PARKING PROHIBITED Roll Call Vote Yes No Tillotson X Krampits X Dobosz X Labrie X Roy X Motion passed. Motion made by Councilor Krampits and second by Councilor Tillotson to approve as amended. Roll Call Vote Yes No Tillotson X Krampits X Dobosz X Labrie X Roy X Motion passed. Item #22 § 275-29 Property maintenance Add – and authorized enforcing persons Delete “up to $50 per day” And insert in place there of $75 for the first day and $100 each consecutive day To read No owner of land shall permit his property to become overgrown with underbrush or vegetation or blocked by snow where such interferes with safe passage or hinders the visibility of pedestrians or motorists so as to create a traffic hazard thereby, whether such motorists or pedestrians are on public or private property. Said owner shall not permit accumulations of rubbish, trash or other noxious materials unless appropriate licenses or permits required by law are obtained. This section may be enforced by the Health Department and authorized enforcing persons against the legal owner of the property. Any person or entity who fails to comply with this section shall be fined $75 for the first day and $100 each consecutive day after receiving written notice by the Health Department. Attorney Garvey stated that because this proposal is to amend Chapter 275 it must be heard by the Planning Board, Zoning Committee and then the Ordinance Committee. This proposal was not referred to either the Planning Board or the Zoning Committee. Therefore, the committee cannot act on it now. 12 Councilor Courchesne stated that he does not understand why the Health Department is the enforcer of this ordinance when it is under the Zoning Ordinances which the Building Commissioner enforces. Perhaps it should be moved to the Health Department Chapter of the Code Book. Motion made by Councilor Roy and second by Councilor Tillotson to defeat. Roll Call Vote Yes No Tillotson X Krampits X Dobosz X Labrie X Roy X Motion passed to defeat. Item #23 Minutes – August 30, 2022 Motion made by Councilor Roy and second by Councilor Tillotson to approve. Roll Call Vote Yes No Tillotson X Krampits X Dobosz X Labrie X Roy X Motion passed. Motion made by Councilor Krampits and second by Councilor Tillotson to adjourn at 7:45 PM. Roll Call Vote Yes No Tillotson X Krampits X Dobosz X Labrie X Roy X Motion passed. 13 14