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tetris
Moderator
2040 Posts |
Posted - 10/13/2009 : 10:44:48 PM
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3. + 4.
Well, at least a couple of my issues got addressed; that’s better than usual. But I wouldn’t call it a victory.
7.
Massdee is correct but I’ll be a little more general; why do so many people come to these meeting unprepared? The administration shouldn’t expect an appropriation to pass if they are not prepared to answer questions on it and don’t have the appropriate documentation at their fingertips. On the other hand, the piece was on tonight’s agenda Alderman Marchese. If you wanted to look at the wall before you voted on it, you should have looked at it before now; that wasn’t a reason to send it to committee. That said, I thought that sending the piece to the Finance Committee with all of the open questions that they had was the right thing to do though.
So I guess that the city’s Free Cash for this fiscal year has been certified and the amount is approximately $3.6 million before any of these recent transfers. But you just don’t know that if it isn’t announced or the question isn’t asked. Thank you, Alderman Van Campen for finally asking.
17.
I thought that if Mr. Chiarello kept going much longer, he might talk the board out of giving him his permit.
18.
Looks like I didn’t catch all of the errors in the agenda. But, I’d have to follow things even more closely than I do to know that this piece needed to have a public hearing. No thanks.
21. + 30.
The administration seems to have somewhat of a problem with following up on things that aren’t on their own agenda but they promise to do. And it’s not just these particular items. For example, whatever happened to painting the curbs around fire hydrants? If you are not committed to doing these things, don’t make the promises; it just doesn’t look good. If they don’t happen for a good reason, you have to let people know that as well.
27.
Well, I’m still not sure exactly what the current status of this item is. The agenda says that the recommendation was to lay it on the table; the discussion seemed to indicate that they were leaving it in committee, requesting further time. Probably not a lot of difference but it will take an item longer to be resolved if it is still in committee.
In my pre-meeting comments, I stated that I wasn’t in agreement with the recommendation of the Finance Committee. Even though I was aware of a portion of the rumor floating around the city, I hadn’t put two and two together though and realized that this might be the “promised” position. If the reason that this appropriation is being held up is that the committee feels that, for the second time in a few months, the administration will be hiring someone that doesn’t meet the qualifications that the administration themselves drafted and posted, well I can now understand and agree with sitting on this appropriation. Once it’s approved, City Council will have no further say in the matter.
29.
A link on the city web site or a bulletin board in City Hall is fine but I don’t think that the city shouldn’t get too deeply involved in finding jobs for people in the private sector; wouldn’t want it to be a potential can of worms.
31.
Well, this piece wasn’t what I expected at all. It seemed like it was more of a shot at Stat Smith than anything else. I never would have guessed that from reading the agenda.
32.
Well, if you guessed that Alderman Matewsky would be the first one to speak on a worksheet item and that he would do it tonight, you won. Problem is that you’re tied for first with everyone else. And just where is the worksheet item he wanted to amend, #10? The copy of the agenda that’s posted here and on the city web site only has 8 items on the worksheet. Are they adding items to the worksheet under suspension? Good grief!! |
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massdee
Moderator
5299 Posts |
Posted - 10/14/2009 : 09:43:14 AM
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17.
I thought that if Mr. Chiarello kept going much longer, he might talk the board out of giving him his permit.
I was thinking the same thing but I thought Mr Chiarello was a hoot! I couldn't help but chuckle while he was talking.
"Deb" |
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tetris
Moderator
2040 Posts |
Posted - 10/14/2009 : 11:34:18 AM
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Now that I’ve gotten a look at the meeting report from last night’s BOA meeting on the city web site, an update to my comments from last night.
First, an FYI. The numbering of the agenda items on the meeting report does not match up to the published agenda. This has to do mostly with correcting the agenda to reflect the second public hearing and the fact that the first public hearing actually appeared in two places on the agenda. I don’t know how often things like these happen but modifying things in this fashion can be confusing. There needs to be a better way.
The personnel director piece in fact does remain in committee as what was passed was a request for further time in committee.
According to the meeting report, an item was added under suspension as an amendment to the worksheet. I don’t recall it being voted on in that fashion though but whatever. Three additional items were added by guess who? I think some bugs sill need to be worked out on this process.
I was a little confused by the other items added under suspension but now that I’ve gotten a chance to look at the meeting report and the ordinance I think that I understand them better now.
On the first one, it seems that there is a discrepancy in versions of the ordinances. The version of the ordinance (12-48) that is posted on-line states that the fee for a repair shop license currently is $100. It seems that they are actually charging $125 currently. This would seem to be a clerical issue since they were able to track down to when it was last amended.
I think that there is a mistake in the other repair shop piece. The phrase “Gasoline Service Station” appears nowhere in paragraph (d) of Section 12-48 of the city ordinances. I think that they are looking for paragraph (b) instead. This can happen when you rush to put a piece in under suspension. Yes, the license commission meeting that this recommendation came from was just held an hour earlier but since it was pretty much a foregone conclusion that the City Clerk’s recommendation would be accepted, there was no excuse not to be prepared for the needed ordinance change.
And yes, Massdee, I also thought that Mr. Chiarello was very amusing; I just wasn't sure he was ever going to stop. |
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tetris
Moderator
2040 Posts |
Posted - 10/22/2009 : 11:26:02 AM
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REGULAR MEETING OF THE BOARD OF ALDERMEN, MONDAY, OCTOBER 26, 2009, 7:00 PM, PETER J. MCCARREN MEMORIAL CHAMBERS, EVERETT, MA
COMMUNICATIONS FROM HIS HONOR THE MAYOR
1.
A0262-09 Order/s/Alderman L. Charles DiPerri, as President
To transfer $50,000.00 from Budgetary Fund Balance into the City Services Construction/Repairs Account for the repair of the sidewalks (both sides) of Wyllis Avenue.
2.
A0264-09 Order/s/Alderman L. Charles DiPerri, as President
To accept the Department of Public Health Grant of $6,000.00 to the Everett Fire Prevention - DPH Account to support the Fire Prevention Program.
PAPERS FROM THE COMMON COUNCIL
3.
C0048-09 Ordinance/s/Councilors Millie Cardello, Peter Napolitano and Sergio Cornelio
To amend Chapter 13, "Offenses and Miscellaneous Provisions" of the Revised Ordinances of the City of Everett by adding new Section, as follows: "Section 13-23 Sex Offender Residency Restrictions." This Ordinance would regulate the distance a Level 3 sex offender can live from a school, park, or day care center; with a recommendation from the Rules & Ordinances Committee for favorable action on the proposed ordinance by amending all references to 1,500 feet and replacing it to read 1,000 feet. (Ordained as amended, sent up for concurrence.)
4.
A0254-09 Ordinance/s/Alderman L. Charles DiPerri, as President
That Chapter 12, Section 12-48 paragraph (d) of the Revised Ordinances of the City of Everett, 1996, be amended by deleting "$125.00" and replacing it with "$200.00". (Amended by inserting "as most recently amended" after the letter (d).)
(Enrolled as amended, in concurrence, sent up for ordainment, as amended.)
5.
A0255-09 Ordinance/s/Alderman L. Charles DiPerri, as President
That Chapter 12, Section 12-48 paragraph (d) of the Revised Ordinances of the City of Everett, 1996, be amended by deleting the phrase "Gasoline Service Stations". (Enrolled in concurrence, sent up for ordainment.)
COMMUNICATIONS
6.
A0260-09 Communication and Order From Ellen Carr Assist. City Clerk - and Order/s/Alderman L. Charles DiPerri, as President
Relative to Gamma Auto Repair failure to renew, with Order attached to revoke. Given extra time on September 28th meeting to get their application into City Clerk's Office for renewal. As of this date they have not received an application from Gamma. Can you please move to revoke this auto repair-mechanical license? Respectfully requested. Order to revoke attached.
COMMITTEE REPORTS
7.
A0231-09 /s/License Committee Report
On Resolution/s/Alderman L. Charles DiPerri, as President-That, at the request of the Everett Square Businesses, the License Committee consider the advisability of moving a taxicab stand.
8.
A0240-09 /s/License Committee Report
On Petition for an Open Air Parking License for Mario's Service Center at 45-47 Mystic Street, Everett, MA.
9.
C0164-09 /s/Finance Committee Report
On Order/s/Councilor Millie J. Cardello, as President-To Appropriate the amount of $73,555.00 from the Budgetary Fund Balance to the Personnel Department Salary Account. This will be for a new Personnel Director. (Amended to $50,000.00, passed as amended, sent up for concurrence, reconsideration failed).
10.
C0178-09 /s/Finance Committee Report
On Order/s/Councilor Millie J. Cardello, as President-To transfer $100,000.00 from Budgetary Fund Balance into the City Services Construction/Repairs Account for the wall/fencing to be repaired/replaced at Florence Street Park (Luke Road side). (Passed sent up for concurrence)
UNFINISHED BUSINESS
11.
A0165-09 Resolution/s/Alderman Michael K. Marchese
That the City consider adopting Lynn, Massachusetts Law regarding pit bulls, rottweilers, and all breeds similar that pose threat to citizens of Everett.
12.
A0245-09 Petition
Petition for projecting sign for EXTRA SPACE STORAGE at 329 Second Street. (Laid on table to this meeting for a recommendation from the Building Inspector on dimensions, height and location of this sign.)
NEW BUSINESS
13.
A0256-09 Resolution/s/Alderman Wayne A. Matewsky
That the Traffic Commission remove the "Free Parking Sign for Career Source Co." on Spring Street, as this is parking for users of the stadium and the armory only.
14.
A0257-09 Resolution/s/Alderman Wayne A. Matewsky
That the DCR take immediate steps to replace the mission "No U Turn" signs at the intersection of Lewis Street and the Revere Beach Parkway, at the request of the crossing guards and area residents in the interest of public safety.
15.
A0258-09 Order/s/Alderman L. Charles DiPerri, as President
That in accordance with the provisions of the General Law of Massachusetts, the City Clerk be and is hereby authorized and directed to notify and warn the inhabitants of the City of Everett, qualified to vote as the law requires, to assemble at the several polling places, for and within the several precincts, where they are duly registered voters on TUESDAY, NOVEMBER 3, 2009 for the MUNICIPAL ELECTION, then and there to give in their votes for the election of the candidates for the following office:
MAYOR
ALDERMAN-AT-LARGE
ALDERMAN-ALL WARDS
SCHOOL COMMITTEE-AT-LARGE
SCHOOL COMMITTEE-ALL WARDS
COMMON COUNCIL-ALL WARDS
CHARTER COMMISSION
16.
A0259-09 Order/s/Alderman L. Charles DiPerri, as President
That the polls be opened from 7 o’clock in the morning to 8 o’clock in the evening and the City Clerk to cause all voting places to be properly fitted up for the MUNICIPAL ELECTION, TUESDAY, NOVEMBER 3, 2009.
Be it Further Ordered: That the following places be designated as polling places for the above mentioned
MUNICIPAL ELECTION, NOVEMBER 3, 2009:
Ward 1 Prec. 1 Armory, 90 Chelsea Street
Ward 1 Prec. 2 Armory, 90 Chelsea Street
Ward 1 Prec. 3 Parlin Library, 410 Broadway
Ward 2 Prec. 1 Keverian School, 20 Nichols Street
Ward 2 Prec. 2 Parlin School, 587 Broadway, entrance on Derne Street
Ward 2 Prec. 3 Keverian School, 20 Nichols Street
Ward 3 Prec. 1 Community Center, 21 Whittier Drive
Ward 3 Prec. 2 Recreation Center Building, 47 Elm Street
Ward 3 Prec. 3 Recreation Center Building, 47 Elm Street
Ward 4 Prec. 1 Lafayette School, Edith Street, enter from Bryant Street
Ward 4 Prec. 2 Glendale Towers, Ferry Street
Ward 4 Prec. 3 Lafayette School, Edith Street, enter from Bryant Street
Ward 5 Prec. 1 English School, 105 Woodville Street
Ward 5 Prec. 2 City Hall, Keverian Room, Third Floor, 484 Broadway
Ward 5 Prec. 3 City Hall, Room 25, Second Floor, 484 Broadway
Ward 6 Prec. 1 English School, 105 Woodville Street
Ward 6 Prec. 2 Adams School, 78 Tileston Street, enter easterly side
Ward 6 Prec. 3 Adams School, 78 Tileston Street, enter westerly side
17.
A0261-09 Resolution/s/Alderman Wayne A. Matewsky
That a representative of National Grid appear this meeting of the Board of Aldermen relative to the shut-off of electricity to Everett Residents, particularly on October 20th from 9:00 p.m. to 6:00 a.m. on Ferry Street at Orange Court, and why Police were not notified of this shut-off, in the interest of public safety.
18.
A0263-09 Resolution/s/Aldermen Robert J. Van Campen and Michael K. Marchese
That the Mayor appear this meeting to provide the Board of Aldermen with an update as to the Administration's ongoing efforts to achieve greater monitoring and accountability over Everett's large water meters.
19.
A0265-09 Board of Aldermen Worksheet
1. Sponsor: Alderman Wayne Matewsky-That the sidewalk at 11 Russell Street is repaired at homeowners request. This is the 4th request in the last three years.
Referred to: City Services Director and Operations Manager and Mayor.
2. Sponsor: Alderman Jason Marcus-Sidewalks be repaired at following locations: 24 Silver Road and 100 Harvard Street-on the Lawrence Street side, sidewalk where curb is at the driveway.
Referred to: City Services Director and Operations Manager.
3. Sponsor: Alderman Jason Marcus-To evaluate the tree in front of 153 Garland Street and make proper maintenance needed.
Referred to: City Services Director and Operations Manager.
4. Sponsor: Alderman Jason Marcus-To repair the two sink holes in front of 81 Mt. Washington Street, and patch the hold at 41 Malden Street.
Referred to: City Services Director and Operations Manager.
Adjournment
Respectfully submitted:
Caroline McCorry,
Everett City Council Office council@ci.everett.ma.us
SCHEDULED MEETINGS:
11/4 6PM JOINT CONVENTION/PUBLIC HEARING (MRF)
11/4 7PM COMMON COUNCIL MEETING
11/9 7PM BOARD OF ALDERMEN MEETING
11/16 7PM COMMON COUNCIL MEETING
11/17 6PM BILLS & ACCOUNTS COMMITTEE MEETING
11/23 7PM BOARD OF ALDERMEN MEETING
You must be logged in to see this link. |
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massdee
Moderator
5299 Posts |
Posted - 10/25/2009 : 9:13:08 PM
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Does anyone ever proof read these agendas for errors?
"Deb" |
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tetris
Moderator
2040 Posts |
Posted - 10/25/2009 : 11:46:43 PM
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A little later than normal but better than never.
1.
Another week, another transfer from free cash. I haven’t tallied the amount that has been asked for so far this fiscal year but, at least to me, this doesn’t seem to be the way to go about deciding how free cash will be used. I’m not saying that any of the requests have frivolous so far but, the resource is limited this year in comparison to the recent past and going after it piece meal doesn’t work for me. There’s no way to prioritize needs when the requests are being put on the table one by one. Things may work out using this approach and I hope that they if they keep going in this direction, that they do. I just believe that the administration may want to rethink their methodology on allocating free cash.
2.
I believe that I’ve asked this question before but I’ll ask it again. Why is it that some grants are submitted for approval to the City Council, while others are not? Before this one, the only grants that I’ve seen submitted for approval by the City Council since the beginning of 2007 were some library grants.
5.
Unless the version of this ordinance posted on the city web site is totally screwed up, I’m standing by my assertion that the paragraph that needs to be amended by this change is (b), not (d).
6.
Sorry, this guy has had enough chances. His license needs to be taken away permanently at this point.
8.
I don’t know enough details about this specific situation, but I’m not sure that granting an Open Air Parking License based on whether or not a bid is awarded is the way to go. Sometimes the parcel is going to be used as a tow lot; other times it’s not. It doesn’t seem to be a particularly efficient use of land, at least in an ideal case.
9.
I have not heard what happened at last Thursday night’s Finance Committee meeting. I’d be hard pressed to believe though that it will prevent the city from going forward with the restoration of the position. I see only two possibilities. Because the City Council’s general belief is that it is a necessary position, the Committee’s recommendation on the item will be to fund it at some level, prorated more because of the less than full year need. Or they will get really tough and say that the Committee agrees with the need but they feel that the city needs to live within the budget that was submitted and approved. And if the city can find the money in its existing budget, the Committee will look favorably (they shouldn’t bless them until they know exactly what they will be) upon those transfers. It’s an election year; I’m betting on the former scenario. But even if it wasn’t an election year, it probably bet on that scenario too. I’m more concerned with getting a qualified person for the job. But possibly “adding” a higher paying position when the rumor is layoffs are headed the city’s way may not go over well with city employees.
10.
Similar to the prior item. The wall needs to get fixed. Just a question of how much money is going to be spent on it at this time. Lots of rumors about this one. I think that there will be a lot of eyes on it to attempt to prevent them or seek to reverse them if they do come true.
11.
I’d be curious to see what comes out of this “dog” ordinance; I’m even more curious to see how they are proposing to enforce it. The City Council can write all of the ordinances that they want but, until they started figuring out if and how the ordinances can and will be enforced, what the sense of drafting them?
13. / 14. / 17.
The worksheet, if used properly, will do a good job of keeping certain type of “face time” issues off of the agenda. These are the other kind. Didn’t take Alderman Matewsky long to figure that out and you have to give that to him, even if you don’t like it (or him).
18.
Here’s a good example of what I was talking in item #1. Re-doing a sidewalk in one part of the city benefits a certain part of the percentage of the city’s population. If correcting the issues with large water meters needed free cash, I’d rather see the money allocated to that usage as it will be a benefit to most residents of the city. I don’t know whether this is true or not, but in the past I’ve gotten the impression that this issue is not as high on the Mayor’s list as the Sponsors’ list. I’m curious to see where the city stands on this issue.
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massdee
Moderator
5299 Posts |
Posted - 10/26/2009 : 8:03:57 PM
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I missed the entire meeting, stuck on a phone call, anything of interest happen?
"Deb" |
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tetris
Moderator
2040 Posts |
Posted - 10/26/2009 : 8:13:20 PM
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1.
While I was glad to hear Alderman Sachetta speak his mind on item #10, he was pretty silent on this one. I guess he didn’t want to speak directly against a similar expense in his own ward.
9.
I think that the City Council does itself and the community a disservice when items go to committee, come back and are disposed of with no discussion of what went on in committee. It’s called lack of transparency. Let the rumors begin.
10.
It needs to be repaired but $100,000 just seems to be a lot to spend on a wall at this time. Way to stay strong on your convictions, Alderman Matewsky. And do you understand what it means to put a job out to bid? The guy makes it harder to consider voting for him all the time.
11.
Hard to tell but it sounded like to me that the City Solicitor’s office is moving the drafting of the ordinance back to the R&O committee. Probably where it belongs since an alderman proposed it.
13. /14. /17.
Gotta get that campaigning in. Halloween party too.
18.
Maybe I was wrong about this piece; the administration seems to be somewhat on the same page as the sponsors. I got a little bit distracted during this piece. My ears perked up when I heard the mayor say something about saving the city money though. Did anybody catch what that was about? My understanding of this piece is that it would do nothing more redistribute the cost of the water to the people who are actually using it. |
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Tails
Administrator
2682 Posts |
Posted - 10/26/2009 : 8:17:22 PM
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| I thought the right side of Wyllis Ave was considered Malden? |
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tetris
Moderator
2040 Posts |
Posted - 10/26/2009 : 8:52:39 PM
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| From what I can tell from Google maps Tails, that would appear to be the case. |
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massdee
Moderator
5299 Posts |
Posted - 10/26/2009 : 8:56:10 PM
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So are we doing work for the City of Malden?
"Deb" |
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tetris
Moderator
2040 Posts |
Posted - 11/05/2009 : 1:46:27 PM
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REGULAR MEETING OF THE BOARD OF ALDERMEN, MONDAY, NOVEMBER 9, 2009, 7:00 PM, PETER J. MCCARREN MEMORIAL CHAMBERS, EVERETT, MA
COMMUNICATIONS FROM HIS HONOR THE MAYOR
1.
A0273-09 Order/s/Alderman L. Charles DiPerri, as President
Subject to confirmation by the Honorable Board of Aldermen, I hereby appoint Tim Cotto to the Board of Public Works for a term of five (5) years ending on November 9, 2014.
2.
A0274-09 Order/s/Alderman L. Charles DiPerri, as President
Subject to confirmation by the Honorable Board of Aldermen, I hereby appoint Frank Cafarella to the Board of Public Works for a term of five (5) years ending on November 9, 2014.
3.
A0275-09 Order/s/Alderman L. Charles DiPerri, as President
That the Chief Procurement Officer is hereby granted permission to accept and dispose of the below referenced property to ensure that an encroachment of the building at 11 Hazel Park on the City of Everett property is corrected: City of Everett Commercial / Industrial Property Report Cared, Identifying Parcel ID E00003 000050 02 as Hazel Park of Lot 9, size 421 square feet of land as owned by the City of Everett, making title reference to Disposal in Tax Lien Case dated 11/29/1951 recorded with the Middlesex South Registry of Deeds in Book 7822, Page 451.
4.
A0276-09 Order/s/Alderman L. Charles DiPerri, as President
To transfer $6,600 from Budgetary Fund Balance into the City Clerk's Miscellaneous Election Expenditures Account. The City Clerk had budgeted his election account based on 12 precincts. Unfortunately, the legislation is still in the House and we needed to staff 18 precincts.
5.
A0277-09 Order/s/Alderman L. Charles DiPerri, as President
To transfer $25,000.00 from Budgetary Fund Balance into the City Services Water Rate Study Account. This is for a proposed commercial water meter study for the City Services Water Department. Scope of services include: review meter records for the past 3 years; investigate meter installations starting with oldest and largest meter size; review system-wide water billing records versus purchased water records; estimate percentage lost/accounted for from water records review and other City sources; estimate potential increase in metered water volume and potential income based upon present water rates; estimate cost to implement a meter replacement program; prepare a cost/benefit analysis and assistance in applying for MWRA funding.
PAPERS FROM THE COMMON COUNCIL
6.
C0192-09 Ordinance/s/Councilor Millie J. Cardello, as President
That the fees established by Chapter 21-Section 4 of the Revised Ordinances of the City of Everett, Massachusetts for Weights and Measures are hereby amended in its entirety and replacing with new sealing fees. (Enrolled sent up for enrollment.)
COMMUNICATIONS
7.
A0278-09 Communication
From Assistant City Clerk Ellen Carr requesting permission to advertise for a public hearing to revoke the following license for changes on the property that do not comply with zoning regulations: Vic's Stadium Mobile, Inc., 35 Everett Avenue, 2nd Class Motor Dealer License.
COMMITTEE REPORTS
8.
A0165-09 /s/RULES & ORDINANCES COMMITTEE REPORT
On Resolution /s/ Alderman Michael Marchese-That the City consider adopting Lynn, Massachusetts Law regarding pit bulls, rottweilers, and all breeds similar that pose threat to citizens of Everett; with a recommendation for favorable action as amended for a new Pit Bull Ordinance Section 3-39 to replace the current ordinance in Section 3-39 under new business this agenda. (Item #10)
UNFINISHED BUSINESS
9.
A0261-09 Resolution/s/Alderman Wayne A. Matewsky
That a representative of National Grid appear this meeting of the Board of Aldermen relative to the shut-off of electricity to Everett Residents, particularly on October 20th from 9:00 p.m. to 6:00 a.m. on Ferry Street at Orange Court, and why Police were not notified of this shut-off, in the interest of public safety.
NEW BUSINESS
10.
A0266-09 Ordinance/s/Alderman Michael K. Marchese
That Chapter 3-Section 39 of the Revised Ordinances of the City of Everett, is hereby amended by deleting Chapter 3-Section 39 in its entirety and inserting new Chapter 3-Section 39, as follows:
Section 3-39
(a) Purpose and Intent
This ordinance is established because of the perceived and demonstrated danger to life, health and safety of humans and animals posed by dogs known as pit bulls. Because such animals have generally exhibited traits such as (i) powerful instructs for dominance which naturally results in a proclivity for fighting; (ii) a strong prey drive, which inspires a natural chase instinct that often results in their aggressive pursuit of cats, rabbits, other dogs and human children; (iii) a stubbornness that results in sustained, unyielding aggressiveness once an attack begins; (iv) powerful jaws capable of crushing bones and hanging on to victims even while the animal withstands infliction of injury or pain; and (v) a combination of stamina, agility, strength and gameness. Judicial and legislative bodies have noted that classification of pit bulls as dangerous animals has a rational basis in fact and that adopting controlling measures in order to reduce the likelihood of human injury bears a rational relationship to the governmental objective of preserving public health, public safety, and public welfare.
(b) Definitions
As used in this ordinance, the following definitions shall apply:
(1) Pit Bull: includes, but it not limited to, any dog that is an American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, or any dog of mixed breed displaying the majority of physical traits of any one or more of the above breeds, or any dog exhibiting those distinguished characteristics which substantially conform to the standards established by the American Kennel Club or United Kennel Club for any of the above breeds, such characteristics being identifiable by a licensed veterinarian, animal control officer or any other knowledgeable person whose identification is deemed credible by the Everett Police Department or the Dog Officer as having American Pit Bull Terrier, American Staffordshire Terrier, and/or Staffordshire Bull Terrier as any element of its breeding, or any dog registered or licensed as a Pit Bull. Specifically exempted from this definition is any dog with proof by American Kennel Club or United Kennel Club papers or by written certification or written notice from a veterinarian licensed in the Commonwealth of Massachusetts that the dog does not contain in its linage any American Pit Bull Terrier, American Staffordshire Terrier, or Staffordshire Bull Terrier.
(2) Muzzle: A restraining appliance made of metal, plastic, leather, cloth or a combination of those materials that, when fitted and fastened over a Pit Bull’s snout/mouth/head prevents the Pit Bull from biting but allows room for the Pit Bull to breathe/ pant.
(3) Owner: Any person who owns, possesses, keeps, exercises control over, maintains, harbors, transports, or sells a Pit Bull.
(c) Registration and License
All dogs shall be registered and licensed pursuant to City of Everett Revised Ordinance Section 3-23 and all Pit Bulls shall by additionally registered and licensed pursuant to this ordinance. In no event, however, may more than two (2) Pit Bulls be registered, licensed, stored, housed, sheltered, or in any way located at a single household, except when such Pit Bull is less than 9 weeks old.
(1) Any owner having ownership, custody or control of a Pit Bull, as defined in Section B-1 of this ordinance, must annually register such Pit Bull with the City Clerk on a form to be provided by the City. The registration form shall require (1) the complete legal name of the Pit Bull owner and presentation of positive government identification for the owner and the Clerk’s Office shall make a copy of such identification and attach it to the application; (2) the complete residential address of the Pit Bull’s Owner; (3) the complete address where the Pit Bull will be primarily housed; (4) the telephone number of the Pit Bull’s owner; (5) the complete details of the Pit Bull’s physical identification, including but not limited to breed, sex, weight, color, markings, and other distinguishing physical characteristics; (6) a photograph of the Pit Bull that is not more than thirty (30) calendar days old and (7) the complete details of the Pit Bull’s documented identification including but not limited to the Pit Bull’s registration with the City of Everett and true and accurate copies of the Pit Bull’s rabies vaccination as prepared by a Veterinarian.
(2) The owner shall acknowledge by signing a statement on the registration form acknowledging the spay/neuter restriction in this sub-section. The owner, at the expense of the owner, shall have the Pit Bull spayed or neutered and, unless previously submitted, shall submit to the Clerk original or certified copy of documentary proof thereof from a licensed veterinarian. This requirement shall be waived upon a written statement from a licensed veterinarian that the procedure cannot or should not be performed for reasons of the health of the age of the Pit Bull.
(3) The owner shall separately acknowledge by signing a statement on the registration form the permission requirement in this subsection. If the owner is not the owner of the premises at which the Pit Bull will be primarily housed then the owner shall obtain the written permission of the property owner thereof for the presence and housing of the Pit Bull and submit such written permission to the City Clerk.
(4) The owner shall acknowledge by signing the registration form the requirements that whenever the Pit Bull is away from private property of the Owner, specifically but in no way limited to the streets, sidewalks, parks, and playgrounds of the City of Everett, the owner will ensure that the Pit Bull is either adequately and securely led and leashed and muzzled by a person with the clear ability to physically control and restrain the leashed Pit Bull or in a secured crate.
(5) The owner shall acknowledge by signing the statement on the registration form acknowledging the two animal restrictions in this section.
(6) The owner shall separately acknowledge by signing or initialing a statement on the registration form acknowledging the signage requirement.
(7) No owner registering a Pit Bull may be less than eighteen (18) years old.
(8) The registration and license under this section is not transferable and shall be annually renewable only by the holder of the license.
(9) The fee for the registration and license shall be fifty dollars and no cents ($50.00).
(10) Upon an owner’s successful application, the City Clerk shall provide to the owner (i) a Pit Bull license tag; (ii) a complete copy of the registration; and (III) a copy of this ordinance
(11) The license tag shall be attached to the Pit Bill by means of its collar or harness and shall only be attached to the animal for which the license was granted. If the tag is lost or destroyed, a duplicate may be issued by the City Clerk for twenty-five dollars ($25.00).
(d) Adequate Control: At all times when a Pit Bull is away from the private home of the owner, specifically including but in no way limited to the streets, sidewalks, parks and playgrounds, the owner shall ensure that the Pit Bull is either a) adequately and securely led and leashed by a person with the clear ability to physically control/ restrain the leashed Pit Bull with the Pit Bull wearing a muzzle or b) in a Secure Temporary Enclosure.
(e) Signage and Enclosure: An Owner shall, whenever a Pit Bull is on the premises, display a sign advising all persons that a Pit Bull is located on the premises, and such sign shall be visible and legible from either the nearest street or one hundred feet. In no event shall the sign be less then eight and one half (8.5) inches by eleven (11) inches in rectangular dimensions or eleven (11) by eleven (11) in square dimensions. The sign shall announce “PIT BULL DOG” or “BEWARE OF DOG” in lettering not less than two (2) inches in height and in lettering that sharply contrasts with the background of the sign.
(f) Transfer or sale: No owner shall sell or otherwise transfer a Pit Bull to any person except a member of the Owner’s immediate family.
(g) Notification to Dog Officer: Owner shall notify the dog officer as follows:
(1) Within twenty-four (24) hours if a Pit Bull is on the loose, at-large, unconfined, has mauled, bitten, attacked, or in any other way menaced another animal, or has mauled, bitten, attacked or in any other way menaced a human.
(2) Within seven (7) days if a Pit Bull had died or been relocated
(3) Within seven (7) days if a Pit Bull becomes pregnant
(4) Within seven (7) days of a Pit Bull giving birth
(h) Exceptions
(1) Government Entity. No governmental entity or any person authorized by a governmental entity that keeps, owns, harbors a Pit Bull for law enforcement purposes shall be subject to these sections.
(i) Impoundment, Investigation, Redemption
(1) Impoundment. Any Pit Bull found by the Dog Officer or Police Department to be on the loose, at large, or unconfined, or which has been observed by the Dog Officer or a member of the Police Department as to have mauled, bitten, attacked, threatened or in any way menaced another animal or human shall be presumed to be in violation of this ordinance and shall be subject to immediate impoundment. The Dog officer is authorized to impound any Pit Bull found in violation of this ordinance.
(2) Investigation. The Dog Officer is empowered to make whatever inquiry or investigation is deemed necessary to ensure compliance with this ordinance. The Dog Officer is authorized to seize and impound any Pit Bull found to be in violation of this ordinance.
(3) Redemption. The Dog Officer shall not release a Pit Bull from impoundment unless the owner 1. Provides proof of registration and license; 2. Provides proof that any violations have been corrected and 3. Remits payment of any and all fines pursuant to the violation of this ordinance and 4. Remits payment for the costs associated with the impounding of the Pit Bull.
(j) Enforcement and Penalties
(1) The Dog Officer and Everett Police Department shall have the authority and shall cooperate with each other to the greatest extent possible to enforce the provisions of Chapter 3 Section 39.
(2) A Pit Bull found in violation of this ordinance may be subject to immediate impoundment.
(3) Any violation of Chapter 3 Section 39 shall be subject to a $50.00 fine for the first offense and $100.00 for a second offense and $100.00 for each subsequent day the violation exists. Each day that a violation exists shall be a separate and distinct violation.
(k) Appeal
The owner of a Dog impounded or fined pursuant to Chapter 3 Section 39 may dispute the classification of such dog as a Pit Bull by written petition with the Dog Officer within seven (7) calendar days after the date of impoundment or citation. The petition shall include, but not be limited to 1. the legal name of the owner; 2. the address and phone number of the owner; 3. the address where the dog is sheltered; 4. the complete details of the Pit Bull’s documentations, such as licenses; and 5. a summary of facts that the owner wishes to introduce for consideration.
(l) Harmonious construction
The provisions of Chapter 3 Section 39 shall supplement and be construed harmoniously with Massachusetts General Laws Chapter 140.
(m) Severability
If any provisions of these sections are held to invalid by a court of competent jurisdiction, then such provisions shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect
(n) Implementation
The provisions of these sections shall be effective immediately upon passage and all provisions shall be enforced immediately but no monetary fine shall be imposed until thirty (30) days after passage.
All Ordinances or parts of Ordinances in conflict with the foregoing are hereby repealed.
11.
A0267-09 Resolution/s/Alderman Michael K. Marchese
That the City consider giving a grace period from February 1st to February 28th for all people late on Code Enforcement and Parking Ticket violations to pay up without interest.
12.
A0268-09 Resolution/s/Alderman Michael K. Marchese
That the City consider capping reductions on real estate for the following year especially when homeownership exemption is in place.
13.
A0269-09 Resolution/s/Alderman Michael K. Marchese
That the City consider assessing landlords when apartments having more than one child living in them and are using schools and recreational venues.
14.
A0270-09 Resolution/s/Alderman Michael K. Marchese
That the City Auditor come up with a figure on how much the free pre-school program is costing the City of Everett.
15.
A0271-09 Resolution/s/Alderman Jason Marcus
To ask the Chief of Police to appear to discuss the use of a police car for the Auxiliary Police Chief when working.
16.
A0272-09 Resolution/s/Alderman Jason Marcus
That the Finance Committee study the Mayor's salary and make recommendations for change.
17.
A0279-09
BOA Worksheet November 9, 2009
1.Sponsor: Alderman Wayne Matewsky-Repair the raised sidewalk in front of 21 Autumn Street.
Referred to: City Services Director and Operations Manager.
2. Sponsor: Alderman Wayne Matewsky-Water valve be repaired in front of 21 Autumn Street. Sticking up and is a hazard to snow plows.
Referred to: City Services Director and Operations Manager.
3.Sponsor: Alderman Jason Marcus- To trim tree at 169 Union Street.
Referred to: City Services Director and Operations Manager.
4. Sponsor: Alderman Jason Marcus- To patch hole in front of 41 Malden Street.
Referred to: City Services Director and Operations Manager.
Adjournment
Respectfully submitted:
C. McCorry, Everett City Council Office, council@ci.everett.ma.us
Scheduled Meetings:
11/10 6pm Ward Two Neighborhood Meeting
11/16 7pm Common Council Meeting
11/17 6pm Bills & Accounts Committee Meeting
11/23 7pm Board of Aldermen Meeting
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tetris
Moderator
2040 Posts |
Posted - 11/08/2009 : 09:21:15 AM
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1. & 2.
Again, nothing against either of these gentlemen. But the city is not following its own ordinances in making these appointments. See Section 2-31 of the city ordinances for details. A big deal? Probably not. But I believe that staggered appointments are designed to attempt to provide continuity on the boards. If city government doesn’t like the rules, then change them. But right now, these rules are the law and should be followed. I know that if we broke the rules, the city would have us up on charges.
3.
If I’m reading this one correctly, it seems that this issue has been hanging around for years. More than about time that it got addressed.
4.
It was a little short sighted to assume that the State Legislature would pass the reduction in precincts in time for it to be in place for this year’s election, wasn’t it?
5.
Hmmm. A good portion of this sounds more like an audit of the Water Department than addressing the issue of large meters that don’t record low-flow usage. Again, I don’t get the “potential income” portion of this. I thought that the issue was to make sure that the people that are using the water pay for it.
6.
As I said last week, I was glad to see the detailed list of changes to the weight and measures fees was provided. I’m not sure that items should be changed from reading to reading but, at least we won’t have to sit thru another reading of the entire fee list.
8. & 10.
Not sure why there are two items on the agenda for the “pit bull” ordinance. Having read both the proposed ordinance and the Lynn one, the proposed one focuses on registration of the dogs; the Lynn one, which was suggested as the basis for the new one, seems to be more focused on the powers that the city has to handle situations when a dog is found to be vicious or potentially vicious. Not sure exactly what Alderman Marchese was looking for, but that’s what he got. And please, waive the reading!
11.
Don’t see the benefit of this. Don’t parking tickets need to get cleared up in order to renew your registration? Anybody that doesn’t want to pay Code Enforcement tickets just takes them to court to be dismissed.
12.
??? Anybody? I’d hazard a guess that this has something to with alderman’s comments at last week’s MRF hearing. But exactly what, hard to tell.
13. + 14.
Looks like Alderman Marchese wants to be the next one to butt heads with FFF. I can’t see that being a winning proposition. Maybe if the schools were the beneficiaries of the assessed funds; but that just doesn’t seem to jive with the School Department’s stated current philosophy of not charging for programs and services.
15.
Guess that we were overdue for an Auxiliary Police item on the agenda. But seriously, is this really the type of item that needs to be on a City Council agenda?
16.
The Mayor’s position is probably underpaid in relation to other cities and towns. It’s probably been that way for a while too. The question is, of course, is it the right time to address the issue? I have no problem with sending the item to the Finance Committee. But it was pretty predictable who would introduce the piece.
17.
Will there be any need for an Alderman’s Worksheet after Marcus and Matewsky move on? |
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massdee
Moderator
5299 Posts |
Posted - 11/08/2009 : 09:39:34 AM
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16.
A0272-09 Resolution/s/Alderman Jason Marcus
That the Finance Committee study the Mayor's salary and make recommendations for change.
Maybe they will recommend to reduce it...........just kidding!
"Deb" |
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massdee
Moderator
5299 Posts |
Posted - 11/09/2009 : 7:18:30 PM
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FFF certainly knows how to pack a room! How Dare Marchese have a question about the school department.
I was told every student's home received an automated call from the schools telling them to attend the BOA meeting to support the schools.
Is this what these automated systems are in place for? Doesn't seem right to me.
"Deb" |
Edited by - massdee on 11/09/2009 9:45:58 PM |
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BOA 2009
