City Council - Ordinance Committee

City of Chicopee City Council Ordinance Committee Approved 6-24-2024 Members Fred Krampits, Chair Shane Brooks, Vice Chair Abigail Arriaga Gary Labrie Jerry Roy MINUTES May 14, 2024 The following are the minutes of a public hearing held Tuesday, May 14 2024 at 7:00 PM in the Chambers, 4th Floor, City Hall, 274 Front Street, Chicopee, MA 01013 and via zoom. Members Present: Krampits, Arriaga (zoom), Labrie Member Absent: Brooks, Roy Also Present: Timothy Reilly (Associate City Solicitor), Doug Ellis (City Engineer), Lisa Sanders (Health Director, Sharyn Riley (City Auditor) The meeting was called to order at 7:00 PM by Councilor Labrie. Motion made by Councilor Krampits and second by Councilor Labrie to recess the meeting. Roll Call: Councilor Yes No Absent Abstained Out of Chair Krampits X Brooks X Arriaga (zoom) X Labrie X Roy X Motion passed. Motion made by Councilor Krampits and second by Councilor Labrie to resume the meeting at 7:30 PM. Roll Call: Councilor Yes No Absent Abstained Out of Chair Krampits X Brooks X Arriaga (zoom) X Labrie X Roy X 1 Motion passed. In compliance with the open meeting laws Councilor Labrie asked if anyone in the audience was recording the meeting. Hearing none, the meeting continued. Motion made by Councilor Arriaga and second by Councilor Labrie to take item #2 out of order. Roll Call: Councilor Yes No Absent Abstained Out of Chair Krampits X Brooks X Arriaga (zoom) X Labrie X Roy X Motion passed. Item #2 Add to Chapter 32, Article I §3 The City Auditor shall furnish the City Council with a monthly budget report of Expenditures and Revenues prior to its first regular meeting of any month. The amended Chapter 32, Article I §3 will read: The City Auditor shall act as the Clerk of the Committee on Finance and of the Committee on Claims and Accounts. It shall be his duty to carefully examine all claims which may be presented against the City, see that the same are correctly cased, that the amounts charged are proper and in accordance with the contract under which the charges were made and that the same are legal. If he finds the claims correct, he shall approve the same in writing and submit them to the Mayor, who may order payment thereof. If he shall disapprove any claim, he shall return it to the officer, board or committee from whom it came for revision, and if it is not corrected and he still disapproves of it, he shall refer it to the Committee on Claims and Accounts, with his objections thereto. He shall examine the accounts of the City Collector and of all other persons, committees and boards who may be charged with the collection or disbursement of the funds of the City, and for this purpose shall have access to all the books and vouchers which relate to said accounts. At the close of the financial year, he shall prepare a detailed report of the finances of the year and of all accounts examined by him and submit the same to the Committee on Finance. The City Auditor is to provide a report listing general funds receipts and revolving funds for each department for all budget hearings. The City Auditor shall furnish the City Council with a monthly budget report of Expenditures and Revenues prior to its first regular meeting of any month. Public Input Mr. Wagner on zoom stated that he is in support of this proposed ordinance. He further stated that in part it is required under Mass General Law Chapter 41 section 58 that all boards, committees and commissions within city or town be provided a monthly report of expenditures by the town accountant or city auditor. He continued that this has not been happening. 2 Motion made by Councilor Krampits and second by Councilor Labrie to close public input. Roll Call: Councilor Yes No Absent Abstained Out of Chair Krampits X Brooks X Arriaga (zoom) X Labrie X Roy X Motion passed. Sharyn Riley stated that she provides whatever report Councilor’s request of her. Years ago she provided the Councilors with a monthly budget report of expenditures and revenues but was told that it’s too much paper and the Councilors will inform her if they want something. She continued that she brings to each budget hearing a full set of these reports if anyone has a question. If the request is to provide these reports to Councilors, then she will provide them but if the Council is going to revamp the City Auditor ordinance, then the entire ordinance needs to be addressed because half of what is written is outdated and inaccurate. Councilor Krampits asked how much additional work this request creates. Sharyn Riley replied that she knows that most Councilors do not want this report. She further stated that it’s more work, but she will do it. Attorney Reilly stated that when reviewing the ordinance it should be made gender neutral. Motion made by Councilor Krampits and second by Councilor Labrie to place on file and further discussion at the full City Council meeting about redrafting it. Roll Call: Councilor Yes No Absent Abstained Out of Chair Krampits X Brooks X Arriaga (zoom) X Labrie X Roy X Motion passed. Item #1 Chapter 280 280-1. Definitions. The following words shall, unless the context clearly requires otherwise, have the following meanings: DIRECTOR The Director of the Health Department or their designee. ASTM D6400 3  The American Society for Testing and Materials (ASTM) International Standard Specification for Compostable Plastics. ASTM D7081 ASTM International Standard Specification for Biodegradable Plastics in the Marine Environment. CHECKOUT BAG A carryout bag provided by a store to a customer at the point of sale. Checkout bags shall not include: A. Bags, whether plastic or not, in which loose produce or products are placed by the consumer or manufacturer to deliver such items to the point of sale or checkout area of the store; or B. Laundry or dry-cleaner bags; or C. Newspaper bags; or D. Bags to contain or wrap produce, frozen foods, meat or fish, whether prepackaged or not, to prevent or contain moisture. E. A nonplastic bag without handles in which prepared food is placed. F. A bag provided by a pharmacy to a customer purchasing a prescription medication. DEPARTMENT The City’s Health Department. MARINE-DEGRADABLE PLASTIC BAG A plastic bag that conforms to the current ASTM D7081 standard specification for marine degradability; and conforms to any other standards deemed acceptable by the Department, provided additional Department-approved standards are as stringent as ASTM D7081. RECYCLEABLE PAPER BAG A paper bag that is: A. 100% recyclable, including the handles; B. Contains at least 40% post-consumer recycled paper content; and C. Displays the words “recyclable” in a visible manner on the outside of the bag. RETAIL ESTABLISHMENT Any retail space located in the City including, without limitation, a restaurant, food or ice cream truck, convenience store, retail pharmacy, or supermarket. REUSABLE CHECKOUT BAG A sewn bag with stitched handles that: 4  A. Can carry 25 pounds over a distance of 300 feet; B. Either (1) Made of cloth or other machine-washable fabric; or (2) Made of plastic other than polyethylene (HDPE, LDPE, PETE, etc.) or polyvinyl chloride that is durable, nontoxic, and generally considered a food-grade material that is more than four mills thick. 280-2 Requirements. A. If any retail establishment as defined in 280-1 provides a checkout bag to customers, the bag shall comply with the requirements of being either a recyclable paper bag, a compostable and marine-degradable plastic bag, or a reusable checkout bag. B. A store that provides any type of checkout bag may provide them for free or at such cost they deem appropriate. All moneys collected pursuant to this chapter shall be retained by the store. C. Any charge for a checkout bag shall be separately stated on a receipt provided at the time of sale and shall be identified as the “checkout bag charge” thereon. D. The Director may promulgate rules and regulations to implement this section. 280-3. Violations and penalties; enforcement. A. Each retail establishment shall comply with this chapter. (1) If it is determined that a violation has occurred, the Director shall issue a warning notice to the retail establishment for the initial violation. (2) If an additional violation of this chapter has occurred within one year after a warning notice has been issued for an initial violation, the Director shall issue a notice of violation and shall impose a penalty against the retail establishment. (3) The penalty for each violation that occurs after the issuance of the warning notice shall be no more than: (a) For the first offense: $50. (b) For the second offense and all subsequent offenses: $100. Payment of such fines may be enforced through civic action in the state District Court. (4) No more than one penalty shall be imposed upon a retail establishment within a seven- calendar-day period. (5) A retail establishment shall have 30 calendar days after the date that a notice of violation is issued to pay for the penalty. 5 B. The Health Department shall notify all retail and food service establishments, in writing, by mail of the effective date of this chapter by June 30, 2024. 280-4. Effective date. All of the requirements set forth in this chapter shall take effect October 1, 2024 for retail establishments 50,000 square feet and greater and June 1, 2025, for retail establishments less than 50,000 square feet. 280-5. Severability. It is the intention of the City Council that each separate provision of this chapter shall be deemed independent of all other provisions herein, and it is further the intention of the City Council that if any provision of this chapter be declared to be invalid by a court of competent jurisdiction, the remaining provisions of this chapter shall remain valid and enforceable. Councilor Labrie asked if anyone is here for public input on this item in the Chambers or on zoom. Hearing none. Motion made by Councilor Krampits and second by Councilor Labrie to close public input. Roll Call: Councilor Yes No Absent Abstained Out of Chair Krampits X Brooks X Arriaga (zoom) X Labrie X Roy X Motion passed. Lisa Sanders stated that she likes the proposal and would only recommend one change and that’s to 280-4 the effective date. She recommends that both dates to changed to January 1, 2025. She further stated that the Health Department licenses all food establishments in the City. They have all the grocery stores and any other store that sells food but stores such as Marshalls or Home Depot the Health Department does not have that information. She has no issues notifying establishments that she licenses. Councilor Arriaga asked if this ordinance will also pertain to food trucks, license cream trucks, and convenience stores. It was replied that yes, it applies to those establishments as well. The committee would like to postpone until all establishments in the city that will be affected by this ordinance can be identified. Councilor Krampits stated that he did receive a call from a constituent who was not in support of this proposed ordinance. The constituent stated that it’s all about personal responsibility to reuse plastic bags that we get in stores. Councilor Krampits stated that he does understand that if everyone was responsible the City would not be having issues with bags blowing all over behind Walmart. Motion made by Councilor Krampits and second by Councilor Labrie to postpone to the call of the chair. 6 Roll Call: Councilor Yes No Absent Abstained Out of Chair Krampits X Brooks X Arriaga (zoom) X Labrie X Roy X Motion passed. Item #3 Striking from Chapter 32, Article I §1-A “six” And insert in place thereof “four” The revised Chapter 32, Article I §1-A will read: The general charge of the financial interest of the City shall be in a standing Committee on Finance, which shall consist of the President of the City Council and four members of the Council appointed by the President. Said Committee shall annually in the months of November and December meet to compile recommendations for the City Council budget for the ensuing municipal year, which recommendations shall be passed upon by the City Council for referral to the Mayor. This proposed ordinance is to clean up the number of Finance Committee members. The Rules of the City Council were recently amended to reflect that the Finance Committee consists of 5 members instead of 7 and now this ordinance needs to be amended to reflect that change to 5 members. Councilor Labrie asked if anyone is here for public input on this item in the Chambers or on zoom. Hearing none. Motion made by Councilor Krampits and second by Councilor Labrie to close public input. Roll Call: Councilor Yes No Absent Abstained Out of Chair Krampits X Brooks X Arriaga (zoom) X Labrie X Roy X Motion passed. Motion made by Councilor Krampits and second by Councilor Labrie to approve. Roll Call: Councilor Yes No Absent Abstained Out of Chair Krampits X 7 Brooks X Arriaga (zoom) X Labrie X Roy X Motion passed. Item #4 Repeal Chapter 16, Article VII - Censorship Committee Councilor Labrie asked if anyone is here for public input on this item in the Chambers or on zoom. Hearing none. Motion made by Councilor Krampits and second by Councilor Labrie to close public input. Roll Call: Councilor Yes No Absent Abstained Out of Chair Krampits X Brooks X Arriaga (zoom) X Labrie X Roy X Motion passed. Councilor Krampits stated that he has reviewed this Chapter, and he agrees that it is not applicable and he agrees that it should be repealed. Motion made by Councilor Krampits and second by Councilor Labrie to approve. Roll Call: Councilor Yes No Absent Abstained Out of Chair Krampits X Brooks X Arriaga (zoom) X Labrie X Roy X Motion passed. Item #5 8Th AVENUE - At the intersection of Ross Avenue - ISOLATED STOP SIGN Councilor Labrie asked if anyone is here for public input on this item in the Chambers or on zoom. Hearing none. Motion made by Councilor Krampits and second by Councilor Labrie to close public input. Roll Call: Councilor Yes No Absent Abstained Out of Chair 8 Krampits X Brooks X Arriaga (zoom) X Labrie X Roy X Motion passed. Doug Ellis stated that there are existing stop signs on 8th Avenue at Ross Avenue in both north and south directions. This ordinance would be redundant. Motion made by Councilor Krampits and second by Councilor Labrie to deny. Roll Call: Councilor Yes No Absent Abstained Out of Chair Krampits X Brooks X Arriaga (zoom) X Labrie X Roy X Motion passed. Item #6 ROSS AVENUE - At the intersection of 8th Avenue - ISOLATED STOP SIGN Public Input Mary Beth Pniak-Costello, 66 Voss Avenue, stated that one resident is concerned about this area. She has travelled this area and there is congestion. Motion made by Councilor Krampits and second by Councilor Labrie to close public input. Roll Call: Councilor Yes No Absent Abstained Out of Chair Krampits X Brooks X Arriaga (zoom) X Labrie X Roy X Motion passed. Doug Ellis stated Ross Avenue intersects and crosses 8th Avenue. 8th Avenue has stop signs on both north and south directions. Typically don’t install stop signs on all four legs of an intersection. The Manual on Uniform Traffic Control Devices states that YIELD or STOP signs shall not be used for speed control, so that speaks against installing stop signs on all four legs. He does not recommend approval of this proposed ordinance. Motion made by Councilor Krampits and second by Councilor Labrie to deny. 9 Roll Call: Councilor Yes No Absent Abstained Out of Chair Krampits X Brooks X Arriaga (zoom) X Labrie X Roy X Motion passed. Item #7 Delete - 14 PELOQUIN DRIVE - HANDICAP PARKING Councilor Labrie asked if anyone is here for public input on this item in the Chambers or on zoom. Hearing none. Motion made by Councilor Krampits and second by Councilor Labrie to close public input. Roll Call: Councilor Yes No Absent Abstained Out of Chair Krampits X Brooks X Arriaga (zoom) X Labrie X Roy X Motion passed. Doug Ellis stated that this ordinance for handicapped parking sign no longer exists. Motion made by Councilor Krampits and second by Councilor Labrie to approve. Roll Call: Councilor Yes No Absent Abstained Out of Chair Krampits X Brooks X Arriaga (zoom) X Labrie X Roy X Motion passed. Item #8 Delete - 82 PELOQUIN DRIVE - HANDICAP PARKING Councilor Labrie asked if anyone is here for public input on this item in the Chambers or on zoom. Hearing none. Motion made by Councilor Krampits and second by Councilor Labrie to close public input. 10 Roll Call: Councilor Yes No Absent Abstained Out of Chair Krampits X Brooks X Arriaga (zoom) X Labrie X Roy X Motion passed. Doug Ellis stated that this ordinance for handicapped parking sign no longer exists. Motion made by Councilor Krampits and second by Councilor Labrie to approve. Roll Call: Councilor Yes No Absent Abstained Out of Chair Krampits X Brooks X Arriaga (zoom) X Labrie X Roy X Motion passed. Item #9 Delete - 104 PELOQUIN DRIVE - HANDICAP PARKING Councilor Labrie asked if anyone is here for public input on this item in the Chambers or on zoom. Hearing none. Motion made by Councilor Krampits and second by Councilor Labrie to close public input. Roll Call: Councilor Yes No Absent Abstained Out of Chair Krampits X Brooks X Arriaga (zoom) X Labrie X Roy X Motion passed. Doug Ellis stated that this ordinance for handicapped parking sign no longer exists. Motion made by Councilor Krampits and second by Councilor Labrie to approve. Roll Call: Councilor Yes No Absent Abstained Out of Chair 11 Krampits X Brooks X Arriaga (zoom) X Labrie X Roy X Motion passed. Item #10 50 PELOQUIN DRIVE – HANDICAP PARKING Councilor Labrie asked if anyone is here for public input on this item in the Chambers or on zoom. Hearing none. Motion made by Councilor Krampits and second by Councilor Labrie to close public input. Roll Call: Councilor Yes No Absent Abstained Out of Chair Krampits X Brooks X Arriaga (zoom) X Labrie X Roy X Motion passed. Doug Ellis stated that he has no objection to this proposed ordinance. There is no off-street parking for this location. Councilor Labrie stated that the Commission on Disability approved this proposed ordinance. Motion made by Councilor Krampits and second by Councilor Labrie to approve. Roll Call: Councilor Yes No Absent Abstained Out of Chair Krampits X Brooks X Arriaga (zoom) X Labrie X Roy X Motion passed. Item #11 Minutes – April 23, 2024 Motion made by Councilor Krampits and second by Councilor Labrie to approve. 12 Roll Call: Councilor Yes No Absent Abstained Out of Chair Krampits X Brooks X Arriaga (zoom) X Labrie X Roy X Motion passed. Item #12 Adjournment Motion made by Councilor Krampits and second by Councilor Labrie to adjourn at 8:25 PM. Roll Call: Councilor Yes No Absent Abstained Out of Chair Krampits X Brooks X Arriaga (zoom) X Labrie X Roy X Motion passed. 13