North Adams Embarking on Recodification of the City Code

By Tammy Daniels iBerkshires Staff
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Zachary Dumont, an account manager with General Code, explains the recodification process at last week's City Council meeting.
NORTH ADAMS, Mass. — The city will be upgrading its code over the next two years. 
 
The City Council last week heard from Zachary Dumont, an account manager with General Code, which manages municipal codes for some 4,000 local governments across the nation and nearly 300 in New England. Council President Bryan Sapienza introduced Dumont, noting the city has is behind on updating its online and written ordinances. 
 
"We've been serving the city of North Adams for at least the last 40 years, and have helped you over that time, maintain your municipal code," said Dumont. "But obviously, based on contents of Mr. Sapienza said, there's some revitalization work that should be occurring."
 
The total cost of the work will be $19,540 spread over two or more fiscal years and will consist of a complete review to find contradictory ordinances, outdated materials, ensuring new ordinances have been properly recorded, and make the code cleaner and more transparent. 
 
"We'll look at every single item in your code as it exists today as well as several outstanding items that your city clerk will be sending to me over the next week or so," he said. "We're going to make sure that everything that you have on your books is compliant with Mass state law. We're also going to make sure that anything that is currently enforced in your code does not conflict or overlap anything else that's pre-existing."
 
Dumont explained to the audience that the code is a collection of laws, rules and regulations that govern how each city and town should operate.
 
"A code can represent your general ordinances, whether it's regulations governing council operations, zoning, dog, licensing, anything in between," he said. "Basically, a municipal code is the composition of anything that carries the legal force and effect of law, kind of like a state statute book, but more tailored to what you need on your day to day here in North Adams."
 
A team of editors will first bring together all of the outstanding ordinances and regulations and build an initial code structure; they will then perform a substantive review and make recommendations where the code can be improved, modernized, adapted, and "basically realign things with the current state."
 
Problems occur when ordinances are amended and original language is not repealed or is duplicated in other ordinances. This creates errors for enforcement officers and raises issues of possible litigation. 
 
Dumont said the average recodification time is about 24 months but some communities have pushed through to get it done in 18 months. 
 
"I think the last time you guys did anything significant was 1964, so about 61 years," he said. "As a part of that editorial and legal review, we're going to look for every single thing that we can find that might be out of alignment, might be a little bit of skew, and we're going to come back to the city and say, 'hey, we found XYZ issue. How would you like to best correct that?'"
 
He estimated it would take about three months to go through the city's code, which he said was larger than some similar communities. This would be followed by a "sandbox environment" when officials can go through the results and supply feedback that will take it to the draft stage. 
 
"You're going to have a very nice clean copy of your new ordinances. You're going have a very nice clean copy of your new zoning regulations, and eventually it'll come back to the City Council for adoption and republication," Dumont said. This would then be uploaded to the city website and published in several hardbound copies.
 
An ad hoc code committee is recommended to review the work as its done. Sapienza said he would advise the next council president to establish such a committee with the city clerk as a member. 
 
"This is a process that I'm extremely excited about. We've been talking about this for about two years now we're finally getting this off the ground," said Councilor Ashley Shade. "This is going to create two very, very important things for the people of North Adams. One, it's going to create a code that is transparent, and two, that is much easier to access. 
 
"It's important that people know what laws they have to follow, and if you try to search for them now in our code, it's a mess. You find conflicts everywhere."
 
Councilor Andrew Fitch asked City Clerk Tina Leonesio her thoughts on the process and how much of her time it will take. 
 
"I can tell you that this is going to be a fabulous process. It's going to be important that we put a group, team of people together, because it's going to be over two more fiscal years," she said. "Our first payment is going to go out in this fiscal year so that General Code can start the process. It'll be next fiscal year before we're getting information from General Code and working on it."
 
In other business:
 
The mayor announced the reappointment of Rosemari Dickinson to the License Commission for a term to expire June 1, 2031, and Kyle Hanlon to Redevelopment Authority for a term to expire June 1, 2030.
 
• The council postponed the marijuana establishment, capital outlay plan, removal of council confirmations to commissions, fees and fines for parking permits, and a revision of borrowing orders because they were unable to run in the newspaper in time for the meeting.
 
• A proposed affordable housing trust ordinance was postponed because it had not been to General Government yet and as was a proposed school zone for McCann Technical School, which is awaiting information from the state Department of Transportation.
 
• An ordinance updating the dog laws and creating an animal control commission was passed to a second reading and publication after being amended to remove gender specific language and changing "public safety commissioner" to "police chief."
 
• The council approved the transfer of $200,000 from the Cariddi Fund and passed to a second reading a borrowing of $208,500 to fix the library's belvedere.
 
• The mayor presented a draft compensation and classification plan and fiscal 2026 budget, which was referred to the Finance Committee.

 


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Study Recommends 'Removal' for North Adams' Veterans Bridge

By Tammy Daniels iBerkshires Staff

NORTH ADAMS, Mass. — Nearly a year of study and community input about the deteriorating Veterans Memorial Bridge has resulted in one recommendation: Take it down. 
 
The results of the feasibility study by Stoss Landscape Urbanism weren't really a surprise. The options of "repair, replace and remove" kept pointing to the same conclusion as early as last April
 
"I was the biggest skeptic on the team going into this project," said Commissioner of Public Services Timothy Lescarbeau. "And in our very last meeting, I got up and said, 'I think we should tear this damn bridge down.'"
 
Lescarbeau's statement was greeted with loud applause on Friday afternoon as dozens of residents and officials gathered at Massachusetts Museum of Contemporary Art to hear the final recommendations of the study, funded through a $750,000 federal Reconnecting Communities grant
 
The Central Artery Project had slashed through the heart of the city back in the 1960s, with the promise of an "urban renewal" that never came. It left North Adams with an aging four-lane highway that bisected the city and created a physical and psychological barrier.
 
How to connect Mass MoCA with the downtown has been an ongoing debate since its opening in 1999. Once thousands of Sprague Electric workers had spilled out of the mills toward Main Street; now it was a question of how to get day-trippers to walk through the parking lots and daunting traffic lanes. 
 
The grant application was the joint effort of Mass MoCA and the city; Mayor Jennifer Macksey pointed to Carrie Burnett, the city's grants officer, and Jennifer Wright, now executive director of the North Adams Partnership, for shepherding the grant through. 
 
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