Town Council - Ordinance & Rules Committee

Braintree Town Council MEMBERS David Ringius, Jr, Chairman Committee on Ordinance & Rules Steven Sciascia, Vice- Chairman One JFK Memorial Drive Julia Flaherty, Member Braintree, Massachusetts 02184 Lawrence Mackin, Jr, Member June 14, 2021 MINUTES A meeting of the Committee on Ordinance & Rules was held Remote via Zoom Webinar on Monday, June 14, 2021 beginning at 6:30pm. Chairman Ringius was in the Chair. Clerk of the Council, Susan Cimino conducted the roll call. All votes were conducted by Roll Call Vote. Present: David Ringius, Jr, Chairman Steven Sciascia, Vice-Chairman Julia Flaherty, Member Lawrence Mackin, Jr, Member Also Present: Nicole Taub, Chief of Staff/Town Solicitor Crystal Huff, Assistant Town Solicitor Melissa SantucciRozzi, Director Planning & Community Development Dan Farmer, proposed Kennel owner David Ringius, Jr, Chairman of the Committee on Ordinance & Rules asked for a moment of silence for our first responders especially today for Officer Cushing, Officer Donahue and the entire Braintree Police Department. Approval of Minutes • May 3, 2021 A Motion was made by Councilor Sciascia to TABLE Minutes of May 3, 2021 Motion: by Councilor Sciascia to TABLE Minutes of May 3, 2021 Second: by Councilor Flaherty Roll Call Vote: For (4 – Flaherty, Mackin, Ringius, Sciascia), Against (0), Absent (0), Abstain (0) June 14, 2021 Committee on Ordinance & Rules 1 of 21 Old Business • 054 20 Councilor Mackin: Motion to Establish an Independent Peterson Pool Oversight Authority/Committee or take up any action relative thereto Chairman Ringius asked for a Motion to Take off the Table item 054 20 A Motion was made by Councilor Mackin to Take off the TABLE item 054 20 Motion: by Councilor Mackin to Take off the TABLE item 054 20 Second: by Councilor Sciascia Roll Call Vote: For (4 – Flaherty, Mackin, Ringius, Sciascia), Against (0), Absent (0), Abstain (0) Councilor Mackin stated he would like to change this proposal and would like to think a little bigger on this committee. Make a committee on municipal oversight. Rather than have a narrowly focused Petersen Pool Committee it would be better to expand it a little bit to all large Town projects that would happen going forward. I would suggest 3 Councilors and residents could be included. Councilor Flaherty asked if this is potentially to be a new Standing Committee. If so, residents could always attend because meetings would be in an open meeting. I think that is a fine model to follow and some respects makes it easier to establish it. Chairman Ringius stated anytime we can put eyes on something is a good thing. It is good when residents concerns can be heard and voiced. We need to have some language before us on which to discuss and vote. Councilor Mackin’s Amended Version 3/30/2021: Motion to Establish an Independent Peterson Pool Oversight Authority/Committee 1. Establish/create an independent 5-member Peterson Pool Oversight Authority/Committee a. Two (2) representatives from town council. One of the Council Representatives will be Councilor Flaherty as the project resides in District 1. The other Council Representative will be Councilor Mackin as the creator of this committee. b. Three (3) Braintree residents. Residents shall be chosen by the council representatives on the committee. 2. Any individual who was a member of the Braintree Town Government or a town employee while the relationship with Developer, David Boucher was active, April of 2015 – August of 2019 is excluded from serving on this authority/committee. This is to avoid any potential conflict of interest (see #3). 3. Part of this authority/committee’s responsibilities will be reviewing past actions to establish a baseline and accountability. 4. To fulfill its responsibilities and due-diligence this authority/committee holds the full authority to call before it any and all current and past parties it deems essential to the process; the Committee is authorized to view and obtain all documents it requests. June 14, 2021 Committee on Ordinance & Rules 2 of 21  5. All meetings will be carried by BCAM for purposes of transparency and official and legal record (if BCAM agrees). Meeting minutes shall be taken for each meeting as well. 6. This authority/committee shall meet as often as needed to fulfill its duties. 7. Within 45 days of its first meeting this authority/committee shall provide a summary “Next Steps” plan with tentative milestones, including a tentative end dates to report progress. Included Responsibilities of the Committee • Providing an independent assessment of milestones. • Providing an independent assessment of scheduling. • Providing an independent assessment any payments made. This cover payments coming out of the Peterson Trust or from the Town of Braintree. • Providing independent review of contractual changes. This authority/committee will have the authority to examine all activities, communications, etc. that transpired between the Town of Braintree, David Boucher, 5 Capital Management, and BSC Consultants. The objective here is to establish accountability for the mismanagement of $1 million. Also examining if any town officials exhibited negligence in their duties which allowed this to occur. This includes questions such as: • Why wasn’t a proper background check done on BSC? Did we look to see if they had completed any projects like this before? (they had not) • Why wasn’t it verified that BSC could secure financing PRIOR to the contract being signed? (not 4 years afterwards, after we paid them $1 million) • Why was BSC Partners not required to create a Performance Bond for the project, as stated in the RFP? • What was the business justification for a contract that was written to create a situation where for 3 years payments of $1.5 million would be made but no construction had to be performed? o How did this decision benefit the project? (As opposed to a project like the Thayer sports complex which was finished less than two years after signing a contract). • What was the justification for signing a release of liability for BSC and allowing them to walk away with $1 million dollars and no consequences? o How were these actions in the best interests in the town of Braintree? A Motion was made by Councilor Mackin to TABLE item 054 20 Motion: by Councilor Mackin to TABLE item 054 20 Second: by Councilor Sciascia Roll Call Vote: For (4 – Flaherty, Mackin, Ringius, Sciascia), Against (0), Absent (0), Abstain (0) June 14, 2021 Committee on Ordinance & Rules 3 of 21 • 002 21 Councilor Sciascia/Councilor Connors: Amendment to By-law Section 135-1101 or take up any action relative thereto Chairman Ringius asked for a Motion to Take off the Table item 002 21 A Motion was made by Councilor Sciascia to Take off the TABLE item 002 21 Motion: by Councilor Sciascia to Take off the TABLE item 002 21 Second: by Councilor Flaherty Roll Call Vote: For (4 – Flaherty, Mackin, Ringius, Sciascia), Against (0), Absent (0), Abstain (0) Crystal Huff, Assistant Town Solicitor drafted a legal analysis. I found with a little bit of minor revisions as proposed this is legally acceptable. My main comment a A. (1) 3. Which states: 3. if onsite infiltration is not possible, the homeowner can (may seek a permit for), with permission of the Department of Public Works, connect the drain to the Municipal storm water system. All piping between the sump pump and the Municipal storm water system must be installed underground. Overland hose or piping connections to storm water drains are not allowed. I recommend on how heavily regulated storm water is remove (can) and add (may seek a permit for). The Mayor also has questions on this and on whether we should be asking this of residents. Councilor Sciascia stated what is reasonable for homeowners is different than commercial. The Anti- Blight only focuses on commercial. Can we split that up and apply to each separately resident/commercial. Attorney Huff stated it is difficult to apply the different standards in the same ordinance. I recommend to have your zoning amendment apply to only residential properties. It makes it cleaner. The Anti-Blight is very specific and only applies to commercial properties. It is more clear to have separate ordinances because of specific penalties. Many towns I have reviewed all at separate ordinances for residential properties and for commercial/industrial properties. Councilor Sciascia stated it is better all in one place so if a neighbor is violating standards in a by-law they know where to look. I feel strongly that the standards by which any property owner is measured should be here in the standards ordinance. Councilor Sciascia asked if 135 1101 could be essentially duplicated with an A and a B. “A” for residential and “B” for commercial/industrial and add to each separate section the different penalties, etc. Attorney Huff stated this ordinance is targeting something different than what the Anti-Blight is intending to target. The Anti-Blight has warranted its own ordinance to target specific issues. Councilor Sciascia asked if we go forward with two separate ordinances does this one need to be further amended due to the blurring of language addressing commercial/industrial. June 14, 2021 Committee on Ordinance & Rules 4 of 21 Nicole Taub, Chief of Staff stated I was going to point out the distinction with activities and conditions to allow to manifest on properties. The Mayor had some concerns with this relating to impact on sewer inflow, some relating to enforceability along that and some relating to what is the problem we are trying to address with him being quite different from the issues we are seeking to address with the Anti-Blight ordinance with commercial/industrial which has become quite a nuisance with wide-spread impact throughout the community. I would urge Councilors Connors and Sciascia to get on the Mayor’s calendar and discuss this so what is put forth we can enforce in a meaningful way. Councilor Sciascia agreed meeting is a good idea. Councilor Connors agreed to meet to iron this out with the Mayor’s office. Councilor Flaherty asked does the DPW have a mechanism to issue permits. Attorney Huff stated yes the DPW does issue permits to homeowners who wish to connect to the stormwater system. Chairman Ringius stated we agree we do not want to see abandoned properties. Whatever we put forward needs to delineate out. AMENDED 3/30/2021 002 21 To: Shannon Hume, President of the Council Sue Cimino, Clerk of the Council From: Donna Connors, District 3 Councilor and Steven Sciascia, District 2 Councilor Date: September 29th, 2020. Re: Proposed Amendments to the Town Zoning Ordinances The purpose of this memorandum is to request that the Town Council approve amendments to the Zoning Ordinances to restrict the discharge of water across property boundaries, and to provide the form of the motions and articles for these amendments. A. Explanation for the proposed amendments Currently, under section 135-1101 Establishment of standards homeowners are allowed to drain storm water from their property across lot lines. June 14, 2021 Committee on Ordinance & Rules 5 of 21 Pursuant to G.L. c. 40A, §5, the proposed amendment to the Zoning Ordinances requires a referral to the Planning Board for a hearing and recommendation, and also a hearing before the Town Council or a Council committee. This proposal recommends amendments to two sections of the bylaw: 1) Modification of ARTICLE XI: Environmental Performance standards, Section 135-1101. Establishment of standards to better regulate residential storm water drainage. Proposed Town Council Motions for Amendments to the Zoning and General Ordinances 1. Amendment to the Zoning Ordinances MOTION: That the Town Council vote to amend the Town’s Zoning Ordinances, Article XI: Environmental Performance standards, Section 135-1101. Establishment of standards. By adding the below words shown in bold: §135-1101 Establishment of standards. Any use permitted by right or special permit in any district shall not be conducted in a manner as to: - emit any dangerous, noxious, injurious or otherwise objectionable fire, explosion, radioactivity or other hazard, noise or vibration, smoke, dust, odor or other form of environmental pollution; - cause electrical or other disturbance; - create cause excessive glare; - emit liquid or solid refuse or wastes; - conditions conducive to the breeding of insects or rodents; - or emit any other substance, condition or element in an amount as to affect adversely the surrounding environment; - create conditions conducive to the breeding of insects or rodents; - The following standards shall apply: A. Emissions shall be completely and effectively confined within the building or so regulated as to prevent any nuisance, hazard or other disturbance from being perceptible, without the use of instruments, at any lot line of the premises on which the use is located. (1) Any sewer or drain laid in any land or way, public or private, opened or proposed to be opened for public travel, is declared to be a common sewer. It shall not be laid or connected with any existing common sewer except by the board or officers authorized to lay and maintain common sewers. (1) Storm water Uncontaminated water from sump pumps and other pumps that remove floodwaters from basements must be: June 14, 2021 Committee on Ordinance & Rules 6 of 21  1. infiltrated on the property where the sump is located, or; piped to an on- site dry well that is properly constructed as to allow for and promote storm water infiltration without impacting adjacent properties. 2. Emission shall occur at an up gradient portion of the property or a portion of the property which will allow for the water to infiltrate on the property of generation. The outfall shall not be proximal to a cross gradient or down gradient property boundary. 3. if onsite infiltration is not possible, the homeowner can, with permission of the Department of Public Works, connect the drain to the Municipal storm water system. All piping between the sump pump and the Municipal storm water system must be installed underground. Overland hose or piping connections to storm water drains are not allowed. (2) The penalty for improper use of the common storm water system and connections removal of uncontaminated water from sump pumps and other pumps that remove floodwaters shall be $50 per offense. B. All activities and all storage of flammable and explosive materials at any point shall be provided with adequate safety devices against fire and explosion and adequate fire- fighting and fire-suppression devices and equipment, as approved by the Chief of Fire Department. C. No activities that emit dangerous radioactivity at any point, no electrical disturbance adversely affecting the operation at any point of any equipment, other than that of the creator of such disturbance, shall be permitted. D. No air emission shall be permitted except in accordance with the regulations for the control of air pollution in the Metropolitan Boston Air Pollution District under MGL c. 111, § 142D. E. No emission which can cause any damage to the health of animals or vegetation or which can cause excessive soiling at any point, and in no event any emission of any solid or liquid particles in a concentration exceeding 0.5 milligram per liter or parts per million of conveying gas or air shall be permitted. F. No discharge, at any point, into a private sewer system, stream, the ground or a municipal sewage disposal system of any material in such a way or of such a nature or temperature as can contaminate any running stream, water supply or otherwise cause the emission of dangerous or objectionable elements and accumulation of wastes conducive to the breeding of rodents or insects shall be permitted. G. No emissions of odorous gases or odiferous matter in such quantities as to be offensive shall be permitted. Any process which may involve the creation and/or emission of any odors shall be provided with a secondary safeguard system. No objectionable odor greater than that caused by 0.001202 per thousand cubic feet of hydrogen sulfide or any "odor threshold" as defined in Table III in Chapter 5 of Air Pollution Abatement Manual, copyright 1951, by Manufacturing Chemists Association, Inc., of Washington D.C., shall be permitted. No direct sky-reflected glare, whether from floodlights or from high-temperature processes such as welding, shall be permitted. June 14, 2021 Committee on Ordinance & Rules 7 of 21  H. Properties must be adequately maintained (1) Occupied properties shall maintain grass at a height below 10” (this shall not apply to xericaping, cultivated gardens or ornamental grasses). (2) Unoccupied and/or abandoned properties shall maintain grass at a height below 10” (this shall not apply to xericaping, cultivated gardens or ornamental grasses); remove any uncontained garbage or trash, junk or debris that can provide a place of harborage for rodents; remove any non-structural source of water pooling (such as bird baths); and remove any food source for pests from the property. (3) Property owners notified of violations of this section by the Department of Public Health Building Department shall comply with these standards within 7 days or be fined $50 per day. A Motion was made by Councilor Sciascia to TABLE item 002 21 Motion: by Councilor Sciascia to TABLE item 002 21 Second: by Councilor Flaherty Roll Call Vote: For (4 – Flaherty, Mackin, Ringius, Sciascia), Against (0), Absent (0), Abstain (0) New Business • 21 027 Mayor: Ordinance to Establish a Centralized Maintenance Department or take up any action related thereto (to be TABLED) Chairman Ringius stated this issue was initially from Councilor O’Brien under item number 054 20. There are multiple steps that need to occur before we discuss this further and the pros/cons. I ask at this time we table this Order. Motion: by Councilor Sciascia to TABLE Order 21 027 Second: by Councilor Flaherty Roll Call Vote: For (4 – Flaherty, Mackin, Ringius, Sciascia), Against (0), Absent (0), Abstain (0) June 14, 2021 Committee on Ordinance & Rules 8 of 21 • 21 028 Mayor: Ordinance to Establish Anti Blight Program or take up any action related thereto Chairman Ringius asked if anyone from the Mayor’s staff would like to speak this evening. Nicole Taub, Chief of Staff stated we have identified one of the major concerns in our community as properties that are essentially a nuisance. This can have impacts on surrounding neighbors as well as an impact on property values. It can certainly impact the health, safety and welfare of our residents. These properties can then be a space for individuals to use to engage in criminal activities. We reviewed similar ordinances from other cities and towns. This will be an enforceable ordinance that will truly have “some teeth” to be able to improve these properties that create an issue in the sense of being a blighted property. This ordinance was reviewed with the Police Chief, Fire Chief, Marybeth McGrath, Director of Municipal Licenses & Inspections and Building Inspector Russ Forsberg. They are all in favor of this ordinance and believe it is something that is much needed and will be enforceable to hopefully improve and enhance some of these problem properties around town. Councilor Flaherty asked if Town owned property is exempt from this Ordinance. Nicole Taub stated yes. It is for privately owned property. Councilor Flaherty asked if a property owner was given an extension could that be made public? Nicole Taub stated majority of times this would be public information and we could create a page on the website but we would need to be sure to not violate anyone’s privacy. Councilor Mackin agrees with this Ordinance. Braintree has a lot of pride but it is not reflected when you come into town off the highway with Motel 6. It would be good for Councilors to get notification when an area is given notice in their respective districts. Councilor Sciascia asked about overgrown grass. I think the timing issues bears scrutiny. I think there are repetitive items regarding trash using different words. Items 6, 8, 14 should be reviewed and cleaned up. I think this will help the town immensely. Nicole Taub stated I think we can do without #14 and leave 6 and 8. Perhaps we could strike 6 as well and leave 8 as the catch all for trash. I agree we should strike 6 and 14 and renumber. Councilor Sciascia stated we need to meet and discuss the two Ordinances together before I am ready to vote on this. Nicole Taub stated the Mayor is looking to move forward with this Anti-Blight Ordinance to specifically target issues with commercial/industrial properties. Councilor Mackin asked to be included is the notification to the District Councilor. Ms. Taub agreed to propose the amendments to the Mayor and provide an amended version prior to the Town Council meeting on this. June 14, 2021 Committee on Ordinance & Rules 9 of 21 Chairman Ringius stated he also had questions on 6, 8, 14. He feels these should be revised and renumbered. We should eliminate 6 and 14. There is value to both of these Ordinances. What was the reasoning on 24 inches of grass height? Ms. Taub stated one foot in height would mean citations would be written up all the time. The two- foot height is more reasonable for what we are trying to do. Councilor Flaherty stated I support both of these Ordinances because our legal staff is telling us they are necessary. Title 8: Health and Safety Chapter 8.800: Anti-Blight Program 8.800.010: Purpose The purpose of this chapter is to address commercial and industrial properties throughout the Town of Braintree that are in a blighted and/or vacant condition. Many of these properties are essentially abandoned and in violation of multiple aspects of state and local building and sanitary codes. Blighted conditions contribute to the decline of neighborhoods, negatively impact the economic well-being of the Town and have the potential to cause adverse conditions to the health, safety and welfare of the residents. Additionally, such blighted and/or vacant properties may provide a location for temporary occupancy by transients and persons engaged in criminal activity. These properties create significant costs to the Town by virtue of the need for consistent monitoring and frequent boarding and securing. Many blighted and/or vacant properties can be rehabilitated, redeveloped, demolished and/or reused to provide safe, decent and sanitary uses, thereby increasing the quality of life for the public, occupants, abutters and neighborhoods. 8.800.020: Definitions The following definitions shall apply in the interpretation and implementation of this chapter: Blighted Premises Any commercial or industrial building, structure, parcel of land, or any part of a commercial or industrial building or structure that is a separate unit in which at least one of the following conditions exist: A. It is not being adequately maintained and secured as documented by the enforcement officer (as defined herein) based upon, but not limited to, the following factors: 1. missing, broken or boarded up windows or doors for more than thirty (30) days; June 14, 2021 Committee on Ordinance & Rules 10 of 21  2. collapsing or missing walls, roof or floor; 3. siding that is seriously damaged or missing; 4. extensive fire or water damage; 5. a foundation that is structurally faulty; 6. accumulation of litter, rubbish, debris or trash; 7. the failure to remedy graffiti within thirty (30) days; 8. the exterior storage or accumulation of junk, trash, litter, bottles, cans, rubbish or refuse of any kind, except for domestic refuse stored in such a manner as not to create a nuisance for a period not to exceed fifteen (15) days. The term “junk” shall include parts of machinery or motor vehicles, used stoves, refrigerators or other cast off material of any kind whether or not the same could be put to any reasonable use; 9. gravel, rocks and dirt piles stored by the owner for purposes of construction and/or landscaping and said item(s) remain stored for more than twelve (12) months upon the owner’s premises; 10. storage of abandoned or unregistered vehicles or trailers; 11. overgrown vegetation that may harbor vermin or pests, conceal pools of stagnant water or other nuisances or which is otherwise detrimental to neighboring properties or property values; 12. dead, decayed, diseased or hazardous trees, shrubs or any vegetation that may pose a hazard to the health and safety of any person in the vicinity of the property or which his otherwise detrimental to neighboring properties or property values; 13. overgrown grass of at least two feet; or 14. excessive garbage or trash. B. It has been cited for violations as documented by the Building Inspector, the Director of the Board of Health, the Chief of Police, the Fire Chief and/or their designated agents, which violations have not been corrected; C. Conditions causing a public nuisance, harboring vermin or pests, presenting a threat to public health or safety, or which is a fire hazard as determined by the Fire Chief or his designee, or is attracting illegal activity as determined by the Police Department; D. Because of fire, wind or other natural disaster, or because of physical deterioration, it is no longer habitable as a dwelling or useful for the purpose for which it was originally intended; E. Is a vacant property as defined hereunder; or F. It is determined by the Building Inspector and/or the Director of the Board of Health that the building, structure or parcel of land is in a condition that poses a serious threat to safety, health, morals and general welfare of the Town. Enforcement Officer The Building Inspector and Director of the Board of Health and/or their designated agents. June 14, 2021 Committee on Ordinance & Rules 11 of 21 Owner Any individual, business entity, voluntary association or non-profit organization, and quasi- governmental entities (i.e., Braintree Housing Authority and Braintree Electric Light Department) that alone or jointly or severally with others: A. Has legal or equitable title to any building, structure or property or parcel of land, vacant or otherwise; B. Has care, charge or control of any such building, structure or property in any capacity, including but not limited to agent, executor, executrix, administrator, administratrix, trustee or guardian of the estate of the holder of legal title; C. Is a lessee under a written agreement; D. Is a mortgagee in possession of any such property; E. Is an agent, trustee or other person appointed by the courts and vested with possession or control of such building, structure or property; or F. Is a trustee who holds, owns or controls mortgage loans for mortgage backed securities transactions and has initiated the foreclosure process. Property Any privately owned commercial or industrial property or portion thereof, located in the Town, including any buildings, structures or other personal property on the parcel. Vacant Building Any property that is unoccupied for a period greater than one hundred eighty (180) consecutive days by the person or persons with legal right to occupancy thereof, except for bona fide temporary absences. 8.800.030 Creation or Maintenance of Blighted Premises Prohibited A. No owner of property located within the Town shall allow, create, maintain or cause to be created or maintained any blighted premises. B. Maintenance of Vacant Properties – Requirements Owners of vacant properties must fulfill the following minimum adequate maintenance requirements for any such property they own: 1. Maintain vacant properties in accordance with the relevant sanitary, building and fire codes; 2. Secure vacant properties so as to prevent unauthorized entry and exposure to the elements; June 14, 2021 Committee on Ordinance & Rules 12 of 21  3. Maintain vacant properties in a manner that ensures their external/visible maintenance, including but not limited to, the maintenance of major systems, the removal of trash and debris, and the upkeep of lawns, shrubbery and other landscape features; 4. Repair or replace broken windows or doors. The boarding up of any doors or windows is prohibited except as a temporary measure for no longer than thirty (30) days; and 5. For properties vacant for six (6) months or more, the utilities must be shut off, removed or cut and capped to prevent accidents. C. Enforcement 1. Investigation. The enforcement officer(s) shall undertake an investigation of any alleged violation of this section upon their own initiative or upon receipt of a complaint from any individual, civic organization, neighborhood group, governmental entity or other affected agency. In conducting investigations, the Building Inspector shall coordinate inspections by and among the Board of Health, the Chief of Police and the Fire Chief, or their designees, as the Building Inspector deems appropriate to ensure that this Ordinance is enforced. In making such inspection, the Building Inspector, and/or the Board of Health, the Chief of Police and the Fire Chief, or their designees, shall have such right of access to premises that may be lawfully exercised by him/her under the laws and constitution of the Commonwealth or of the United States. 2. Order to take corrective action. In the event that a violation of this chapter has occurred, the enforcement officer shall serve notice of the violation and an order to correct such violation on the owner of the property by certified mail or by handing a copy of the notice and order to the intended recipient. The order shall require the owner to bring the property into compliance with the requirements of the notice within thirty (30) days of receipt. In the event of demonstrated hardship, an extension or extensions may be granted at the discretion of the enforcement officer. If the Building Inspector determines that the condition is subject to the jurisdiction of the Board of Health or is a violation of the State Sanitary Code or any health regulation, in addition to enforcing this chapter, s/he shall refer the matter to the Board of Health or any other appropriate state or local officials for action. Failure to comply. Should the property owner fail to comply, or neglect or refuse to take the corrective action specified in the notice, the Building Inspector may June 14, 2021 Committee on Ordinance & Rules 13 of 21  make complaint to the Superior Court or any court of competent jurisdiction seeking an injunction or order restraining any further use of the property and the continuation of the violation and shall take such other action as is necessary to enforce the provisions of this chapter. Further, if the violation continues, the Town may undertake such repairs or other corrective action when in its judgment a failure to do so will endanger the health, safety or welfare of the public. Notice of the intention of the Town to make such repairs or other corrective action shall be served on the owner by the means provided for service in section B(2) herein. 3. Recovery of costs. When repairs are made or other corrective action is taken by the Town, the costs of such repairs and enforcement action shall constitute a debt in favor of the town against the owner of the blighted premises. In the event that the property owner fails, neglects or refuses to pay the debt within thirty (30) days of the debt receipt, the Town shall take action to collect the debt. Such action may include placing a lien on the property and/or initiating a civil action in a court of competent jurisdiction for the balance due. 4. Enforcement authority. The enforcement authority under this section shall be in addition to and not in place of any other existing authority under any relevant ordinance or General Law. If any conflict exists under this section and any other authority, then the legal authority that provides the Town with the greatest authority and the maximum flexibility in enforcement shall govern. D. Penalties Each separate offense of this chapter shall be punishable by a fine of $300.00. Each violation of any provision of this chapter shall be considered a separate offense and each day that any violation continues shall constitute a separate offense. The imposition of any fine from this section shall not be construed to prevent enforcement of any other ordinances, laws or regulations of the same property nor prevent other enforcement measures or fines, including civil or legal action against the owner to require compliance with the order. Failure to pay any fine arising from the enforcement of this chapter shall constitute a debt in favor of the Town. The Town may place a lien on the property for such debt and/or may initiate a civil action against the owner in a court of competent jurisdiction to recover the debt. Motion: by Councilor Mackin to for favorable recommendation to the full Council Order 21 028 Second: by Councilor Flaherty Roll Call Vote: For (3 – Flaherty, Mackin, Ringius), Against (1 - Sciascia), Absent (0), Abstain (0) June 14, 2021 Committee on Ordinance & Rules 14 of 21 • 21 029 Mayor: Amendment to General Ordinance 6.100.040 (Personal Kennel License) or take up any action related thereto Chairman Ringius read the following Motion. 6.100.040 Personal kennel license. A. Any reference within this chapter to a "kennel" or "kennel license" is meant to refer to a personal kennel as defined under MGL c. 140, § 136A. B. Licenses issued for personal kennels shall be issued in packs of five license tags. Each pack of five licenses shall be priced at $50. C. Nothing under this section shall prohibit any owner of more than four dogs from purchasing individual dog licenses as described in § 6.100.030 nor shall it prohibit an owner or keeper of less than four dogs, three months or older, who does not maintain a personal kennel from securing a personal kennel license under this section as outlined in MGL c. 140, § 137A. Motion: by Councilor Mackin for favorable recommendation to the full Council to approve Order 21 029 Second: by Councilor Flaherty Roll Call Vote: For (3 – Flaherty, Mackin, Ringius), Against (1 - Sciascia), Absent (0), Abstain (0) • 21 030 Mayor: Motion to accept M.G.L. c. 71 s. 37M (Consolidation of administrative functions with city or town) or take up any action related thereto Chairman Ringius stated this relates to determining a Central Maintenance Department and this is one of the many steps required. This is the initial step to allow discussion of consolidation. Is there anyone from the Mayor’s staff would like to speak this evening. Nicole Taub, Chief of Staff stated this is the first of many steps of the adoption of the MGL. This is the first then the majority vote of the Town Council and majority vote of the School Committee. Then the union negotiations would need to happen. This is a long process. This does not bind anyone to consolidation but allows us to vote on the consolidation in the future. This just gets the ball rolling on the process. Councilor Sciascia read for favorable recommendation to the full Council the following Motion. June 14, 2021 Committee on Ordinance & Rules 15 of 21  MOTION: That the Town accept Massachusetts General Laws Chapter 71, Section 37M, which allows for the consolidation of administrative functions, including but not limited to financial, personnel, and maintenance functions, of the school committee with those of the city or town. Motion: by Councilor Sciascia for favorable recommendation to the full Council to approve Order 21 030 Second: by Councilor Flaherty Roll Call Vote: For (4 – Flaherty, Mackin, Ringius, Sciascia), Against (0), Absent (0), Abstain (0) • 21 031 Braintree Planning Board / Citizen Petition: Proposed Zoning Bylaw Text Amendments Related to Animal Care, Retail and Services Section 135-102 Chairman Ringius asked if anyone from the Mayor’s staff would like to speak this evening. Nicole Taub, Chief of Staff stated it is truly amazing the impact a pet has on a family. This amendment would allow for kennels as defined under MGL. The three zoning amendments create three new definitions as well as modify the table of uses to allow for the amendments. We believe this will serve a need this community can surely benefit from. It should be noted if this is passed it will be in memory of K9 Officer Kitt and his service he gave to this community for over 11 years. Melissa SantucciRozzi stated Planning Board conducted a public hearing on June 8, 2021 and forwards a report to the Town Council with a unanimous (5-0) favorable recommendation. The Planning Board was very supportive of these amendments before you. Mr. Farmer stated this is a huge passion project of his for 3 years now. He wants to bring this service and give back to the Town of Braintree. There are 22 towns/communities on the south shore that have dog services but Braintree is not one of them. 95% of dog owners consider pets as family members. It seems like a great need to have a safe place for them to socialize their dogs. With the pandemic there are many first time dog owners and many do not know exactly what needs to be done other than the basic needs. There is a true education to being a dog owner. Councilor Mackin asked about locations for this business. Mr. Farmer stated he was vetting several locations all being in industrial areas. Councilor Sciascia stated my main concern about this will be the noise. This is specifically prohibited in the Standards Ordinance. It is hard to understand how a kennel will not violate this. Leaving the protection of residents in the hands of the Planning Board is ill-advised to me. We need to get the decimal down at the outer edges of this facility. If we are to allow this we need to build protections into the Ordinance. We should also add protections for the animals themselves. June 14, 2021 Committee on Ordinance & Rules 16 of 21  Melissa SantucciRozzi stated all your points are valid and this is why we only allow it with Special Permit. Each location will require a separate analysis. Councilor Flaherty stated I take noise and barking serious. I do like the idea of this business. How could we reduce the inside noise and what restrictions could try to be introduced to mitigate barking when they are outside. Mr. Farmer stated we will be doing several things to mitigate the noise including structural engineering and staff training to run a premiere location. Councilor Sciascia stated we should make it incumbent on the property owner to do a sound test to make sure it is in compliance with the Standard Ordinance. This should get done ahead of time and not by neighbors to find out this use is detrimental to them. Melissa SantucciRozzi stated we have the ability to ask for a noise study and we can do that. This use is not allowed to violate any noise ordinance. Councilor Sciascia stated we do not want this to just deal with anticipated sounds. We want to require a demonstration from professional engineers that a business will be in compliance. This use has the potential to have a severe headache to neighbors. I think it is a good idea I just want to see protections in this amendment. Nicole Taub stated we have establishments in town that offer grooming and training and they do not drill down on to whether an animal is registered with the town. I have concerns with this. Mr. Farmer stated proof of vaccinations is required prior to any services. Councilor Mackin read for favorable recommendation to the full Council the following Motion. 1. Amend Section 135-102 Definitions (TCO 21-031) A. Remove the Following Definition Animal Clinic or Hospital: An establishment for the dispensing of medical services to domesticated animals. Said establishment shall not be used as a kennel for the boarding of five or more healthy animals. and Replace it With: Animal Clinic or Hospital: Any facility maintained by or for the use of or used by a licensed veterinarian in the diagnosis, treatment or prevention of animal diseases and that provides other medical services where the animals include but are not limited to dogs, cats or other comparable household pets or other domesticated animals, where the overnight care of said animals is prohibited except when necessary in the medical treatment of the animal. Such establishment shall not allow Animal Boarding (day or overnight). June 14, 2021 Committee on Ordinance & Rules 17 of 21  B. Add the Following New Definition Animal Retail and Animal Grooming Service: Any commercial establishment engaged in the business of operating a pet shop as defined by M.G.L. c. 129 s. 39A and the supporting regulations and/or has retail operations that specialize in food, grooming products, toys, and other such merchandise for household pets or other domesticated animals and/or that is engaged in the washing, brushing, trimming of fur or nails, or other such cosmetic and spa services for domestic pets. Such establishments may not perform medical services or allow Animal Boarding (day or overnight). C. Add the Following New Definition Full Service Animal Establishment: Any commercial establishment that provides for any combination of Animal Retail, Animal Grooming Service, Animal Clinic or Hospital and also provides any of the following services and amenities: Animal Boarding (day and overnight), Animal Play Groups, Animal Instruction/Training/Exercise Programs and other animal care services, both indoors and outdoors where services are provided in exchange for a Fee and the Animal Owner is and is not on site. This Use shall not include an animal shelter or animal control facility. Motion: by Councilor Mackin for favorable recommendation to the full Council to approve Order 21 031 Second: by Councilor Flaherty Roll Call Vote: For (3 – Flaherty, Mackin, Ringius), Against (1 - Sciascia), Absent (0), Abstain (0) June 14, 2021 Committee on Ordinance & Rules 18 of 21 • 21 032 Braintree Planning Board / Citizen Petition: Proposed Zoning Bylaw Text Amendments Related to Animal Care, Retail and Services Section 135-601 Councilor Mackin read for favorable recommendation to the full Council the following Motion. 1. Amend Section 135-601 Table of Principle Uses (TCO 21-032) Add the Following New Uses Use: RA RB RC C123 GB HB C OSC BWLD Animal Retail NO NO NO NO YES YES YES NO YES and Animal Grooming Service <15,000 Sq. Ft. Animal Retail NO NO NO NO NO YES YES NO NO and Animal Grooming Service 15,000 Sq. Ft. or > Full Service NO NO NO NO NO SP SP NO NO Animal Establishment Motion: by Councilor Mackin for favorable recommendation to the full Council to approve Order 21 032 Second: by Councilor Flaherty Roll Call Vote: For (2 – Mackin, Ringius), Against (2 – Flaherty, Sciascia), Absent (0), Abstain (0) June 14, 2021 Committee on Ordinance & Rules 19 of 21 • 21 033 Braintree Planning Board / Citizen Petition: Proposed Zoning Bylaw Text Amendments Related to Animal Care, Retail and Services Section 135-806 Councilor Mackin read for favorable recommendation to the full Council the following Motion. 1. Amend Section 135-806 Schedule of Off-Street Parking Requirements (TCO 21-033) To Amend the following Parking Requirement Animal Clinic or Hospital 1 Space / Per 250 gross Sq. Ft. To Add the following Parking Requirement(s) Animal Retail and Animal Grooming Service <15,000 Sq. Ft. 1 Space / Per 250 gross Sq. Ft. Animal Retail and Animal Grooming Service 15,000 Sq. Ft. or > 1 Space / Per 250 gross Sq. Ft. Full Service Animal Establishment 1 Space / Per 350 gross Sq. Ft. Motion: by Councilor Mackin for favorable recommendation to the full Council to approve Order 21 033 Second: by Councilor Flaherty Roll Call Vote: For (3 – Flaherty, Mackin, Ringius), Against (1 - Sciascia), Absent (0), Abstain (0) June 14, 2021 Committee on Ordinance & Rules 20 of 21  It was unanimously voted by Roll Call to adjourn the meeting at 9:45 p.m. Respectfully submitted, Susan M. Cimino Clerk of the Council Documents provided for Meeting • Minutes of May 3 ,2021 • 053 20 Councilor O’Brien: Maintenance Department Recommendation or take up any action relative thereto • 054 20 Councilor Mackin: Motion to Establish an Independent Peterson Pool Oversight Authority/Committee or take up any action relative thereto • 002 21 Councilor Sciascia/Councilor Connors: Amendment to By-law Section 135-1101 or take up any action relative thereto • 21 027 Mayor: Ordinance to Establish a Centralized Maintenance Department or take up any action related thereto (to be TABLED) • 21 028 Mayor: Ordinance to Establish Anti Blight Program or take up any action related thereto • 21 029 Mayor: Amendment to General Ordinance 6.100.040 (Personal Kennel License) or take up any action related thereto • 21 030 Mayor: Motion to accept M.G.L. c. 71 s. 37M (Consolidation of administrative functions with city or town) or take up any action related thereto • 21 031 Braintree Planning Board / Citizen Petition: Proposed Zoning Bylaw Text Amendments Related to Animal Care, Retail and Services Section 135-102 • 21 032 Braintree Planning Board / Citizen Petition: Proposed Zoning Bylaw Text Amendments Related to Animal Care, Retail and Services Section 135-601 • 21 033 Braintree Planning Board / Citizen Petition: Proposed Zoning Bylaw Text Amendments Related to Animal Care, Retail and Services Section 135-806 June 14, 2021 Committee on Ordinance & Rules 21 of 21