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 September 21, 2021 MINUTES A meeting of the Committee on Ordinance & Rules was held in Johnson Chambers on Tuesday, September 21, 2021 beginning at 6:00pm. Chairman Ringius was in the Chair. Clerk of the Council, Susan Cimino conducted the roll call. 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 Stephen C. O’Brien, Councilor District 4 David Ringius, Jr, Chairman of the Committee on Ordinance & Rules asked for a moment of silence for our first responders and all those serving our military home and abroad. Approval of Minutes • May 3, 2021 A Motion was made by Councilor Sciascia to take off the TABLE Minutes of May 3, 2021 Motion: by Councilor Sciascia to take off the TABLE Minutes of May 3, 2021 Second: by Councilor Flaherty Vote: For (4 – Flaherty, Mackin, Ringius, Sciascia), Against (0), Absent (0), Abstain (0) A Motion was made by Councilor Sciascia Approve Minutes of May 3, 2021 Motion: by Councilor Sciascia to Approve Minutes of May 3, 2021 Second: by Councilor Flaherty Vote: For (4 – Flaherty, Mackin, Ringius, Sciascia), Against (0), Absent (0), Abstain (0) • June 14, 2021 A Motion was made by Councilor Sciascia to Approve Minutes of June 14, 2021 Motion: by Councilor Sciascia to Approve Minutes of June 14, 2021 Second: by Councilor Flaherty Vote: For (4 – Flaherty, Mackin, Ringius, Sciascia), Against (0), Absent (0), Abstain (0) September 21, 2021 Committee on Ordinance & Rules 1 of 7 Old Business • 20 034 Councilor O’Brien: 8.800 Single-Use Plastic Bag Reduction Bylaw or take up any action relative thereto Chairman Ringius asked for a Motion to Take off the Table Order 20 034 A Motion was made by Councilor Sciascia to Take off the TABLE Order 20 034 Motion: by Councilor Sciascia to Take off the TABLE Order 20 034 Second: by Councilor Flaherty Vote: For (4 – Flaherty, Mackin, Ringius, Sciascia), Against (0), Absent (0), Abstain (0) Chairman Ringius stated this evening I would like to get updates as to how we move forward on these items before us. Chairman Ringius stated at our last Town Council meeting we had a presentation from the Girl Scouts. This is a project they have been doing. Councilor O’Brien had come up with this idea and for the girl scouts to address this. Then COVID came and there was a restriction to only use plastic bags so it became a moot point. O&R placed this on the Table until we could have the Girl Scouts before a live audience. I have had various organizations reach out to me including those with disabilities and small businesses. The Chamber reached out and has some things they would like to talk about in regards to a ban like this. There is also a Bill pending up at the State level in regards to this as well. Tonight, I would like to hear from you on who we might like to see come before us to discuss this and whether or not we want to bring the Girl Scouts back and/or other groups. Councilor Sciascia stated I would like to hear from the business community especially stores heavily reliant on plastic bags. If the State Reps can chime in on if/when there will be a State level ban. Councilor Flaherty stated I think we should bring Sustainable Braintree forward and have them speak. Nicole Taub, Chief of Staff stated I agree there will be several Stakeholders that will be impacted by this. No doubt there will be a positive environmental effect but I would urge we talk to the business community, the elderly community, the disabled community. These are all residents that could feel the effects of something like this. In the Legislative history this has been something the State has been trying to take up since I think 2019. There are a couple drafts currently pending up at the State House. I do not know when we will see a State level ban but I do agree if we do get a sense that one is coming, there is certainly value in waiting a little bit so we are not working to passing something that will be pre-empted or in conflict with the State law. We can look at the legalities of the current draft and other communities that have some kind of single-use ban or restriction. We can look to see if we do support something like this that it is the best of what is out there. Chairman Ringius stated we should have the business community, the Chamber, State delegation, Sustainable Braintree; we might want to invite the Girl Scouts back depending on their schedule but to follow through and get this kick started. Jeff Kunz would be a great person to have here as well. September 21, 2021 Committee on Ordinance & Rules 2 of 7  Chairman Ringius stated it would be good to get some of these groups on the line and see if they could come before us. Chairman Ringius stated Clerk Cimino and I could draft a letter to our State delegation to get an update from either the Senators or Rep Cusack on where this stands on the State level. We could also touch-base with the other Stakeholders and see if they might be available. Chairman Ringius asked if there was a Motion to Table Order 20 034 to a future meeting. A Motion was made by Councilor Sciascia to TABLE Order 20 034. Motion: by Councilor Sciascia to TABLE Order 20 034 to a future meeting Second: by Councilor Flaherty Vote: For (4 – Flaherty, Mackin, Ringius, Sciascia), Against (0), Absent (0), Abstain (0) • 21 028 Mayor: Ordinance to Establish Anti Blight Program or take up any action relative thereto Chairman Ringius asked for a Motion to Take off the Table Order 21 028 A Motion was made by Councilor Sciascia to Take off the TABLE Order 21 028 Motion: by Councilor Sciascia to Take off the TABLE Order 21 028 Second: by Councilor Flaherty Vote: For (4 – Flaherty, Mackin, Ringius, Sciascia), Against (0), Absent (0), Abstain (0) Chairman Ringius stated this was discussed at O&R on June 14, 2021. Committee voted to send it to the full Council with a favorable recommendation (3 in favor/1 opposed). On June 15, 2021 at the full Council meeting this was referred back to O&R. We are waiting on an updated memo with revisions from the Mayor’s office. Chairman Ringius asked if anyone from the Mayor’s staff would like to speak this evening. Nicole Taub stated after the last meeting the Mayor and I met with the Chamber discussing what impacts this might have on the business community and started a dialogue about possible revisions to the language that was before this committee previously. We should have a new proposal for this committee in the next couple weeks. We are also thinking about item 002 21 Councilor Sciascia’s proposal and thinking how to address issues with residential properties as with abandoned and vacant properties. We are looking to draft a commercial vacant property and a residential vacant property distinction. We hope to have this to you by the second October Town Council meeting. Chairman Ringius stated the Chamber had some issues they would like addressed as in definitions. Ms. Taub asked for that contact information. September 21, 2021 Committee on Ordinance & Rules 3 of 7  Chairman Ringius asked if there was a Motion to Table Order 21 028 to a future meeting. A Motion was made by Councilor Sciascia to TABLE Order 21 028 Motion: by Councilor Sciascia to TABLE Order 21 028 to a future meeting Second: by Councilor Flaherty Vote: For (4 – Flaherty, Mackin, Ringius, Sciascia), Against (0), Absent (0), Abstain (0) • 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 Vote: For (4 – Flaherty, Mackin, Ringius, Sciascia), Against (0), Absent (0), Abstain (0) Chairman Ringius stated this item is a proposal for the residential side of things as Order 21 028 is more for the commercial side of things. Councilor Sciascia stated yes we want to see both components in the final product. Chairman Ringius stated the Mayor is meeting and discussing this with Councilor Sciascia and Councilor Connors. Nicole Taub stated yes and there are some portions of this draft that the Mayor would not necessarily incorporate into his. We will do the revisions for the Anti-Blight and then do a side-by- side and see what fits together and what should stand alone. Chairman Ringius asked if there was a Motion to Table item 002 21 to a future meeting. 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 Vote: For (4 – Flaherty, Mackin, Ringius, Sciascia), Against (0), Absent (0), Abstain (0) September 21, 2021 Committee on Ordinance & Rules 4 of 7 • 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 Sciascia to Take off the TABLE item 054 20 Motion: by Councilor Sciascia to Take off the TABLE item 054 20 Second: by Councilor Flaherty Vote: For (4 – Flaherty, Mackin, Ringius, Sciascia), Against (0), Absent (0), Abstain (0) Chairman Ringius stated this was proposed by Councilor Mackin but he mentioned broadening this oversight committee. 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 did write something up but only submitted it to the Chairman. Clerk Cimino stated she did not receive this new documentation. It is suggested to withdraw the Petersen Oversight Committee and submit the new request to the Clerk of the Council so it can follow the proper steps and be referred to the Committee on Ordinance & Rules on a Town Council agenda. We need to have some language before us on which to discuss and vote. Councilor Mackin stated he would like to WITHDRAW this current item 054 20. New Business • 003 21 Councilor Sciascia: Inclusionary Amendment or take up any action relative thereto Chairman Ringius stated this was put on hold as we wait for a legal opinion from Solicitor Huff. Crystal Huff, Assistant Town Solicitor stated I found this to be legally sufficient. I did not find anything that violated any of the other Town ordinances. Councilor Sciascia’s amendment brings proposes some definition amendments. He brings forward an inclusionary housing amendment which would include certain requirements for units to be eligible under subsidized housing and has some other relevant terms in here and conditions related thereto. He puts it in a threshold of 3 units to trigger the affordability. Nicole Taub stated there have been conversations with the Mayor about the importance of this and formalizing this in the by-laws. There has been discussion and a revision of drafts including from the Planning Department, the Mayor and Solicitor Huff. What we shared with Councilor Sciascia is a revised proposal from the Mayor that is an Inclusionary Housing By-Law but it is different in some respects from the one proposed from Councilor Sciascia. We are trying to broaden this to not tie our September 21, 2021 Committee on Ordinance & Rules 5 of 7 hands down the road. I will share this proposal with this Committee. We will continue to work with Councilor Sciascia and the Planning Department on. Councilor Sciascia stated I am happy to continue working on this with the Mayor’s office. I have not read the Mayor’s proposal in the entirety. I have noticed some of the points of disagreement are still the way the Planning Department wanted it. I feel pretty strongly about some of those things. At the end of the day, I want this to pass. If I have to give in on something then that is fine. I feel some of these changes being proposed are ill advised. Chairman Ringius asked Councilor Sciascia if there is a specific note you would like to address. Councilor Sciascia stated there are a couple areas. Definitions I will leave that up to Legal. The Planning Department has proposed changing the existing Zoning Law. Zoning states you have single family house, 2 family and then apartment buildings. Solicitor Huff stated it goes Dwelling: 1 family, 2 family and Multi (which is anything more than 2). Apartment house is also anything more than 2 as well. Apartment house and Multi dwelling is redundant and confusing. It makes sense to lump both definitions together and eliminate Apartment house definition. Councilor Sciascia stated there is a proposal to amend the Use Table. That is the part I do not think we should get into. Solicitor Huff stated we are looking to separate Multi-family from 2-family. Right now they are lumped together. This is an opportune moment to move 2-family away from Multi-family. We had to do this to clean it all up. Councilor Sciascia stated my suggestion was to change the definition of Apartment house. Solicitor Huff stated we would then have to change the Table of Uses. It is not in there. Councilor Sciascia stated if we can do this without changing the Table of Uses it would be a strong preference to not change it. Councilor Sciascia stated 15% that applies to Multi-family housing. My proposal applies that 15% to any Multi-family housing with a net addition of 5 units or more. Solicitor Huff stated it would be difficult to get a permit to increase the number of units. Nicole Taub stated we will clarify how the fractions will round up. Councilor Flaherty asked if any ground work has been done with the residents. There was a big push to not make any Zoning changes without a Master Plan. Will we let residents know this is being considered? I would like to see something put into place. Nicole Taub stated because this is a Zoning Amendment only certain bodies can do this. It will follow the correct process and there will be Public Hearings along the way. We can see if Neighborhood meetings could happen along the way. September 21, 2021 Committee on Ordinance & Rules 6 of 7  Councilor Flaherty stated you cannot talk about and educate the public at the same time. Councilor Sciascia stated I am still committed to having additional meetings on this. We are not trying to sneak this by anybody. We want everyone on board. Chairman Ringius stated I think this does have broad support throughout the Town. Councilor Sciascia stated we should table this and bring it back for discussion at a later date with the revisions. Chairman Ringius asked if there was a Motion to Table item 003 21 to a future meeting. A Motion was made by Councilor Sciascia to TABLE item 003 21 Motion: by Councilor Sciascia to TABLE item 003 21 Second: by Councilor Flaherty Vote: For (4 – Flaherty, Mackin, Ringius, Sciascia), Against (0), Absent (0), Abstain (0) It was unanimously voted by Roll Call to adjourn the meeting at 6:55 p.m. Respectfully submitted, Susan M. Cimino Clerk of the Council Documents provided for Meeting • Minutes of May 3 ,2021 • Minutes of June 14 ,2021 • 20 034 Councilor O’Brien: 8.800 Single-Use Plastic Bag Reduction Bylaw 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 • 21 028 Mayor: Ordinance to Establish Anti Blight Program or take up any action related thereto • 003 21 Councilor Sciascia: Inclusionary Amendment or take up any action relative thereto September 21, 2021 Committee on Ordinance & Rules 7 of 7