REGULAR MEETING OF THE CITY COUNCIL MONDAY, APRIL 24, :00 PM COUNCIL CHAMBERS CITY HALL, 484 BROADWAY, 3RD FLOOR, EVERETT, MA 02149

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1 REGULAR MEETING OF THE CITY COUNCIL MONDAY, APRIL 24, :00 PM COUNCIL CHAMBERS CITY HALL, 484 BROADWAY, 3RD FLOOR, EVERETT, MA CALL TO ORDER The meeting was called to order at 7:00 PM by Councilor John Leo McKinnon Attendee Name Title Status Arrived Fred Capone Councilor Present Richard J. Dell Isola Jr. Councilor Present Rosa DiFlorio Councilor Present John F. Hanlon Councilor Present Wayne A. Matewsky Councilor Present John Leo McKinnon Councilor Present Michael J. McLaughlin Councilor Absent Peter A. Napolitano Councilor Present Cynthia Sarnie Councilor Present Stephen Simonelli Councilor Present Anthony DiPierro Councilor Absent PUBLIC HEARINGS Utilities 1. C Utilities/s/Councilor Anthony DiPierro, As President PUBLIC PARTICIPATION Comments should be no longer than 3 minutes. COMMUNICATIONS FROM HIS HONOR THE MAYOR C To all parties interested in the petition from Lightower Fiber Networks, LLC, requesting permission to lay and maintain underground conduits and manholes, with the wires and cables to be placed therein, under the surface of the following public way or ways as requested: 350 Broadway. To all parties interested in the petition from Lightower Fiber Networks, LLC, requesting permission to lay and maintain underground conduits and manholes, with the wires and cables to be placed therein, under the surface of the following public way or ways as requested: 350 Broadway. 1. From EMH #236 on Broadway place (1) 4 PVC Conduit 35 +/- in a northerly direction in the sidewalk to EMH # From EMH #236 on Broadway place (1) 4 PVC Conduit 12 +/- in a southerly direction in the sidewalk to Proposed Lightower Handhole, continuing 8 +/- to the property line of 350 Broadway. Hearing to be held Monday, April 24, 2017 at 7:00 p.m. in the City Council Chamber, 3 rd floor, 484 Broadway, Everett, MA. MOVER: John F. Hanlon, Councilor SECONDER: Peter A. Napolitano, Councilor Petitioner explained the project to the satisfaction of the Council. Public hearing held; no one spoke in favor or in opposition. Accept Donation 2. C Accept Donation/s/Councilor Anthony DiPierro, As President An Order Accepting a Donation of $100 to the City of Everett's Fire Department Account. That a donation totaling $ from Jhony Guerra to the City of Everett s Fire Department Account # is hereby accepted. SECONDER: Cynthia Sarnie, Councilor Accept Donation 3. C Accept Donation/s/Councilor Anthony DiPierro, As President An Order Accepting Donations Totaling $ to the 2017 Summer Jobs Program That donations totaling $ from the following to the City of Everett's Donation Account # , to help fund the 2017 Summer Jobs Program: $950-Everett Car Service, Inc., $300-Honda Cars of Boston, $950- The Leavitt Corporation, and $500-Duncan Galvanizing are hereby accepted.

2 MOVER: SECONDER: AYES: ABSENT: Rosa DiFlorio, Councilor Peter A. Napolitano, Councilor Capone, Dell Isola Jr., DiFlorio, Hanlon, Matewsky, McKinnon, Napolitano, McLaughlin, DiPierro Transfer 4. C Transfer/s/Councilor Anthony DiPierro, As President An Order Transferring $179,000 into Various Police Accounts That $179, is hereby transferred from the Budgetary Fund Balance (Free Cash) into the following Police Accounts: Salary $175, Equipment $4, MOVER: Cynthia Sarnie, Councilor SECONDER: John F. Hanlon, Councilor Chairman Councilor McKinnon determined the matter to be routine. Policy 5. C Policy/s/Councilor Anthony DiPierro, As President An Order Accepting the City of Everett Investment Policy Statement That the City of Everett hereby accepts the Investment Policy Statement (IPS) as stated. RESULT: COMM: WHOLE Policy 6. C Policy/s/Councilor Anthony DiPierro, As President An Order Accepting the City of Everett OPEB Trust Investment Policy Statement. That the City of Everett City Council hereby accepts the City of Everett OPEB Trust Investment Policy Statement. RESULT: COMM: WHOLE Policy 7. C Policy/s/Councilor Anthony DiPierro, As President An Order Accepting the City of Everett's Other Post-Employment Benefits ("OPEB") Trust. That the City of Everett City Council hereby accepts the City of Everett Other Post-Employment Benefits ( OPEB ) Trust. RESULT: COMM: WHOLE PETITIONS AND LICENSES 8. C /s/councilor Anthony DiPierro, As President A Petition for Canopy/Awning from Contractor Raphagraphic for CPAD Book Store at 161 Main Street. That the Petition for a Canopy/Awning from Contractor Raphagraphic for CPAD Book Store at 161 Main Street is hereby granted. MOVER: Wayne A. Matewsky, Councilor SECONDER: Peter A. Napolitano, Councilor 9. C /s/councilor Anthony DiPierro, As President A Petition for an Antiques renewal from Art Gold Jewelry, Inc. at 614 Broadway That the Petition for an Antique renewal from Art Gold Jewelry, Inc. at 614 Broadway is hereby granted. SECONDER: Peter A. Napolitano, Councilor 2 P a g e

3 10. C /s/councilor Anthony DiPierro, As President A Petition for Renewal of a Junk Dealer's from H H & M Metals, Inc. at 337 Second Street That the Petition for renewal of a Junk Dealer s from H H & M Metals, Inc. at 337 Second Street is hereby accepted. SECONDER: John F. Hanlon, Councilor 11. C /s/councilor Anthony DiPierro, As President C Petition for renewal of a Junk Dealer from Paul Mattuchio Inc. at 366 2nd Street. To grant the Petition for renewal of a Junk Dealer from Paul Mattuchio Inc. at 366 2nd Street. MOVER: John F. Hanlon, Councilor SECONDER: Rosa DiFlorio, Councilor 12. C /s/councilor Anthony DiPierro, As President C New petition for a Mechanical from ProTech Services at 394 Main Street. To grant the new petition for a Mechanical from ProTech Services at 394 Main Street. SECONDER: Cynthia Sarnie, Councilor 13. C /s/councilor Anthony DiPierro, As President C Renewal of a Junk Dealer for M. & S. Metals Co., Inc. at 391 Third Street. To grant the Petition for renewal of a Junk Dealer for M. & S. Metals Co., Inc. at 391 Third Street. SECONDER: Cynthia Sarnie, Councilor COMMITTEE REPORTS Committee on Legislative Affairs and Elections 14. C /s/councilor John F. Hanlon, As President An Ordinance Establishing Livery Licensing in the City of Everett (C ) An Ordinance Etablishing Livery Licensing in the City of Everett SECTION 1. Definitions (1) City The City of Everett (2) Place of Business An office, waiting room or garage from which the business of a livery service is conducted. A garage used solely for the storage or maintenance of livery vehicles which are not regularly operated in the City of Everett shall not be considered a place of business. (3) Public Place Public property or private property to which the public has lawful access. (4) Livery Vehicle A passenger car, station wagon, van or limousine used for transporting persons and items in their possession for compensation. Livery vehicles need not be marked on its exterior with the livery company name or number. Such 3 P a g e

4 vehicle does not operate on a fixed route and is hired by means of a telephone request or contract arranged in advance of the time transportation is needed. The minimum charge for all limousine or livery service in the City of Everett shall be thirty-five ($35.00) dollars for all passenger fares. Eight (8) hours advance notice is required on all reservations. Vehicles used solely in connection with transportation for funerals shall not be considered livery vehicles and shall not be subject to the provisions of this Ordinance. (5) Permit Authority Everett City Council SECTION 2. LIVERY LICENSE REQUIREMENTS (1) A livery service shall be subject to the provisions of this ordinance if; (a) it maintains a place of business within the City of Everett; and (b) it advertises, in any format or medium that it provides livery service within the City of Everett. (2) No person or business entity shall within the City of Everett, engage in any conduct, which would constitute the business of a livery service without a Livery Service issued by the Everett City Council. The Livery company is responsible for conduct and actions of the drivers while operating the vehicles owned by the company. (3) No vehicle shall be utilized by a livery service unless such vehicle: (a) Is properly registered under Massachusetts law; (b) Is properly insured or bonded under Massachusetts law; (c) Has a valid Massachusetts vehicle inspection sticker; (d) Has been issued by the Everett City Council, (e) Development, and displays a livery vehicle permit. SECTION 3. LIVERY SERVICE LICENSE (1) Application process Each applicant for a livery service license shall make application to the City Clerks Office. Such application form shall contain the applications identifying information; the proposed location(s) to be used in the operation of the service, including place of garaging; the number and type of vehicles the applicant intends to utilize in the service; a written description of the services to be provided under the license. Each applicant must execute a statement, in writing and under the pains and penalties of perjury that the applicant owes no back taxes to the Commonwealth of Massachusetts or the City of Everett. (2) Each application must be accompanied by: (a) An application fee of $200.00, check made payable to the City of Everett. (b) A yearly renewal fee of $ for two (2) vehicles. Each additional vehicle shall cost an additional fifty ($50.00) dollars. (c) CORI Request form, (d) Copy of current insurance policy, (e) Copy of current registration for vehicles. SECTION 4. AUTHORITY OF PERMIT GRANTING AUTHORITY (1) The City Council may, within its discretion, deny, grant, amend or modify a livery service license. (2) If granted, such license shall be subject to such conditions or restrictions as may be imposed by the City Council. (3) The City Council may, for cause and after public hearing, amend or revoke any license that has been granted. SECTION 5. LICENSE (1) A license granted by the City Council shall be issued by the City Clerk. Such license shall specify: (a) the name of the service, (b) effective date of the license, (c) expiration date of the license and (d) the conditions or restrictions as imposed by the City Council, 1. including the place or places of business, 2. place of garaging, 3. days and hours of service, 4. manner by which fares are to be determined, 5. amount and types of vehicles that may be utilized by the service; and 6. any other specific condition. (2) All licenses shall expire at the close of December 31 of the year of issuance. (3) There shall be no pro-rating of application/license fees. (4) A license shall be non-transferable. (5) A license holder may apply to the City Council for a modification or amendment of 4 P a g e

5 an existing license. Such application shall be submitted upon standard application form and must be accompanied by an application fee of One Hundred ($100.00) Dollars; (6) Limousine or livery service must be a separate corporation and/or business from any other business(es) or taxicab service(s). Business(es) must maintain a separation of staff and separate telephone lines from all radio taxicab services, and all limousine and livery operators must be separate from taxicab operators. SECTION 6. MANDATORY REPORTS AUTOMATIC SUSPENSION OF LICENSE (1) The holder of a license to operate a livery service must, within twenty-four (24) hours of its occurrence, report, on behalf of his or her livery service, the following to the office of the City Clerk: (a) The suspension of revocation of a motor vehicle registration certificate for any vehicle utilized by the service; (b) The cancellation of the service's motor vehicle liability insurance policy or bond; (c) Suspension or revocation of the permit holder's Massachusetts Motor Vehicle Operator's, or the suspension or revocation of the permit holder's license or right to operate in any other state. SECTION 7. SUSPENSION OF REVOCATION OF LICENSE (1) A license to operate or manage a livery service may be suspended or revoked after notice to the holder of such permit and a hearing before the Committee on Business and Community Development. Suspension or revocation is authorized if, after said hearing before the Committee and based on the findings of the Committee, the City Council determines, according to the standard of a preponderance of the evidence the license holder: (a) Has knowingly made a false or inaccurate statement on any record or application required by any of the provisions of this Ordinance; (b) Is, in any jurisdiction, convicted or subject to a finding of sufficient facts for a finding of guilty in regard to any felony offense; (c) Is, in any jurisdiction, convicted or subject to a finding of guilty in regard to any misdemeanor offense involving: assault; assault & battery; threatening; larceny, fraud; prostitution; gaming; illegal sale or distribution of an alcoholic beverage; or a statute or regulation relative to livery services; (d) Has knowingly permitted the operation of a livery vehicle by a person who is not the holder of a valid license to operate a livery vehicle; (e) Has permitted a vehicle, without a Livery Vehicle license, to be utilized for the transportation of passengers of a livery service; (f) Has knowingly permitted any livery vehicle to be used in the commission or furtherance of any criminal conduct; (g) Has refused to permit any inspection authorized or required by the provisions of this Ordinance; (h) Has failed to prepare, maintain or file any report, record or notice required by the provisions of this Ordinance; (i) Has engaged in or permitted any conduct that is prohibited by the provisions of this Ordinance. SECTION 8. NOTICE OF SUSPENSION OR REVOCATION Upon the suspension or revocation or a license to operate or manage a livery service, the Permit Authority shall give written notice of such suspension or revocation, and the reason therefore, to the livery service by which the suspended or revoked person is employed SECTION 9. INSPECTION OF RECORDS (1) During regular business hours, the holder of the permit to operate and manage a livery service and/or the operator of a vehicle, shall make available, upon demand of a police officer or member of the City Council, all records required to be kept by a livery service. These records must be retained for a period of two years and will include: (a) Registry of Motor Vehicle driver records, (b) record of accidents, (c) daily driver logs. SECTION 10. FARES Upon request, fares and/or rates shall be made available at the office of each licensed premises. SECTION 11. DISPLAY OF NOTICE TO PASSENGERS Each livery vehicle, on a form to be provided by the Permit Authority and in such manner as to be visible to all passengers, the following notice: THIS VEHICLE IS OWNED BY: (Name, Address and Phone Number of Taxi or Livery Service) SECTION 12. NOTICE AND ACKNOWLEDGEMENT OF ORDINANCE The City Council 5 P a g e

6 shall provide each applicant for a license or permit with a copy of this Regulation. Each applicant must acknowledge, in writing, the receipt of same. SECTION 13. INSPECTION Inspections of each vehicle will be conducted in June of each year, along with taxicab inspections. All vehicles will be inspected for all safety items, proper registrations, permits, and licenses. The cost of inspection shall be paid by the limousine or livery service. SECTION 14. PERMIT TO OPERATE A LIVERY VEHICLE (DRIVERS) (1) APPLICATION PROCESS Each application for a permit to operate a livery vehicle shall be accompanied by: (a) an Application/Permit non-refundable fee of $10.00; (b) a clear photocopy of the applicants current active driver s license, (c) a signed CORI request form, and (d) a signed statement, by the holder of a license to operate a livery service, of intent to hire the applicant. (2) BACKGROUND CHECK Upon receipt of an application, a background check, CORI shall be conducted of the applicant to determine if the applicant is subject to any of the conditions requiring a denial of the permit. (3) PERMIT TO OPERATE A LIVERY VEHICLE (a) No person shall operate a livery vehicle without a valid Massachusetts Motor Vehicle Operator's and a permit to operate a livery vehicle issued by the City Council. (b) The livery company is responsible for conducting periodic inspections of the driver's Massachusetts Motor Vehicle Operator's and a permit to operate a livery vehicle and to insure that drivers have their Massachusetts Motor Vehicle Operator's and a permit to operate a livery vehicle in their possession while driving a livery. (c) The holder of a permit to operate a livery vehicle must, within twenty four (24) hours of its occurrence, report the following to the City Clerk's Office and, at the same time, surrender his or her permit: 1. Involvement in any motor vehicle accident; whether on or off duty, which resulted in death, bodily injury or significant property damage; 2. Being arrested, cited or charged with operating under the influence of liquor or drugs, motor vehicle homicide; operating in a race or operating in a negligent or reckless manner; any crime against a person; or, any felony offense; 3. Suspension or revocation of the permit holder's Massachusetts Motor Vehicle Operator's, or the suspension or revocation of the permit holder's license or right to operate a motor vehicle in any other state. (4) DENIAL OF PERMIT The City Council may not issue a Permit if the applicant: (a) Is deemed, after an investigation of all facts, including but not limited to the applicant's criminal history, motor vehicle driving history and/or character to be an unsuitable person to possess such a license. (5) ISSUANCE AND DISPLAY OF PERMIT An Applicant, who is not subject to any of the conditions requiring a denial of a permit, shall be issued such permit. Such permit must be displayed, in a place visible to any passenger, in a livery vehicle operated by the permit holder. (6) DURATION AND VALIDITY OF PERMIT A permit to operate a livery vehicle shall be valid for one (1) years from date of issuance. Such permit may be used to operate a livery service licensed under the provisions of the Ordinance. (7) SUSPENSION OR REVOCATION OF PERMIT (a) A Permit to operate a livery vehicle may be suspended or revoked after notice to the holder of such permit and a hearing before the City Council. (b) Suspension or revocation is authorized if the City Council determines, according to a standard of the evidence, that the permit holder is deemed, after an investigation of all facts, including but not limited to the applicant's criminal history, motor vehicle driving history and/or character to be an unsuitable person to possess such a license. (8) NOTICE OF SUSPENSION OR REVOCATION OF PERMIT Upon the suspension or revocation of a permit to operate a livery vehicle, the City Council shall give written notice of such suspension or revocation, with the reason therefore, to the holder of the permit to operate or manage a livery service by which the suspended or revoked person is employed (9) INSPECTION OF LICENSE AND/OR PERMIT The holder of a permit to operate a 6 P a g e

7 livery vehicle shall make available, upon demand of any police officer or member of the City Council, their Massachusetts Driver's and their livery permit. Both of these items are required to be on the person while operating a livery vehicle. The operator of a livery vehicle must permit such officer or member to inspect the vehicle to determine its compliance with the provisions of this Ordinance. SECTION 15. GENERAL PROVISIONS (1) NOTIFICATION OF CHANGE OF ADDRESS A license holder must give notice of any change of address, by certified mail, written notice of any such change to the City Clerk's Office. (2) This ordinance shall not apply to any non-profit corporation, charitable corporation or any governmental organization. SECTION 16. All ordinances or parts of ordinances inconsistent herewith are hereby repealed. SECTION 17. This ordinance shall take effect thirty (30) days after its final approval as adopted and advertised. RESULT: ENROLLED [UNANIMOUS] MOVER: Peter A. Napolitano, Councilor SECONDER: Wayne A. Matewsky, Councilor Committee of the Whole Resolution 15. C Resolution/s/Councilor John Leo McKinnon Be it Resolved: BY THE CITY COUNCIL OF THE CITY OF EVERETT, MASSACHUSETTS, as follows: C To invite Wynn Casino to our next meeting to give an update on the progress they are making on site. To invite Wynn Casino to our next meeting to give an update on the progress they are making on site. RESULT: ACCEPTED Committee on Community & Business Development 16. C /s/councilor Anthony DiPierro, As President C Petition for a Garage from Sena Motors Inc. At 166 Revere Street. C To grant the Petition for a Garage from Sena Motors Inc. at 166 Revere Street. RESULT: PASSED, AS AMENDED [UNANIMOUS] SECONDER: Cynthia Sarnie, Councilor Council passed with added restrictions prohibiting sales and number of vehicles. 17. C /s/councilor Anthony DiPierro, As President C Petition for Second Hand Dealer's, Antique, Precious Metals and Pawnbroker from Wentworth Precious Metals at 431 Second Street. C To grant the Petition for a Second Hand Dealer's, Antique, Precious Metals and Pawnbroker from Wentworth Precious Metals at 431 Second Street. SECONDER: Cynthia Sarnie, Councilor 7 P a g e

8 UNFINISHED BUSINESS Community Development 18. C Community Development/s/Councilor Anthony DiPierro, As President An Order Regarding Fee Taking at 162 Santilli Highway COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. CITY OF EVERETT ORDER OF TAKING At a regularly convened meeting of the CITY COUNCIL of the CITY OF EVERETT held this 8th day of May, 2017, it was voted and ordered as follows: The CITY COUNCIL of the CITY OF EVERETT, duly elected, qualified, and acting on behalf of the City, in accordance with the provisions of Massachusetts General Laws, Chapter 79, Chapter 40, Section 14, and Chapter 45, Section 14, and the City s Charter, as amended, and any and every other power and authority which is hereunto in any way enabling, does hereby take, on behalf of the City, the fee in and to a portion of the property located at 162 Santilli Highway, Everett, which property is shown as Lot 1 on Land Court Plan No B, and noted in Certificate of Title No filed with the Middlesex South Registry District of the Land Court (the Property ), and which portion hereby taken is shown as Taking Area 11,110+ Sq. Ft. (the Fee Premises ) on a plan of land entitled Taking Plan #162 Santilli Highway Everett, Mass dated Draft , prepared by Feldman Land Surveyors, filed herewith (the Plan ), a reduced copy of which is attached hereto as Exhibit A, for playground, park, parking and/or access purposes. The taking may include rights held by public utility companies within the Fee Premises and/or the right to remove and relocate any utilities located within the Fee Premises and rights encumbering the Fee Premises to another portion thereof. The land affected by the herein taking is owned or supposedly owned by the owners listed in Schedule A, attached hereto and incorporated within, hereinafter referred to as the Owner. If in any instance the name of any Owner is not correctly stated in Schedule A, the names of the supposed Owner being given as of this Order of Taking, it is understood that in such instance the land referred to is owned by an owner or owners unknown to the City. The amount awarded as damages sustained by the Owner of said land in accordance with the provisions of G.L. c.79, 6, as amended, is set forth on the attached Schedule B attached hereto and incorporated herein, but which shall not be filed herewith. No betterments are to be assessed under this taking. [signature pages follow] IN WITNESS WHEREOF, we, the duly elected and qualified City Council for the City of Everett, have hereunto set our hands and seal this day of May, CITY OF EVERETT, BY ITS CITY COUNCIL President 8 P a g e

9 APPROVED: Carlo DeMaria, Jr. Mayor Middlesex, ss THE COMMONWEALTH OF MASSACHUSETTS On this day of May, 2017, before me, the undersigned Notary Public, personally appeared, member of the City Council of the City of Everett, as aforesaid, who proved to me through satisfactory evidence of identification, which was, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she/they signed it voluntarily for its stated purpose on behalf of the City of Everett. Notary Public My Commission Expires: Middlesex, ss THE COMMONWEALTH OF MASSACHUSETTS On this day of May, 2017, before me, the undersigned Notary Public, personally appeared Carlo DeMaria, Jr., the Mayor of the City of Everett, as aforesaid, who proved 9 P a g e

10 to me through satisfactory evidence of identification, which was, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose on behalf of the City of Everett. Notary Public My Commission Expires: v3/EVER/0022 EXHIBIT A Plan of Land SCHEDULE A List of Owners Said land is owned or supposed to be owned and/or formerly owned by the party listed below, which party is hereinafter referred to as the Owner: Owner: ND Everett Retail, LLC Property Address: 162 Santilli Highway, Everett, MA Deed Reference: Certificate of Title No , Middlesex South Registry District of the Land Court. Lot 1 on Land Court Plan No B Rights Taken: Fee in Fee Premises The land is or may be subject to a utility easement held or supposed to be held by the following: Massachusetts Electric Company (National Grid) Easement: Document No Book 1308 Page 6 SCHEDULE B Schedule of Damages Awarded Owner: ND Everett Retail, LLC Property Address: 162 Santilli Highway, Everett, MA Deed Reference: Certificate of Title No , Middlesex South Registry District of the Land Court. Lot 1 on Land Court Plan No B Rights Taken: Fee in Fee Premises Damages Awarded: $381, Committee Sac Park (PDF) RESULT: POSTPONED Next: 5/8/2017 7:00 PM NEW BUSINESS Resolution Councilor DiFlorio requested further time to study the matter. 19. C Resolution/s/Councilor Stephen Simonelli Be it Resolved: BY THE CITY COUNCIL OF THE CITY OF EVERETT, MASSACHUSETTS, as follows: C To consider putting up memorial benches up and down Broadway to honor passed veterans, City Officials, Police and Fire Department To consider putting up memorial benches up and down Broadway to honor passed veterans, City Officials, Police and Fire Department with a bronze tag attached to the bench. Refer to the Committee on Government Operations, Public Safety & Public Service and invite Director of Human Services Steve Supino, Mayor DeMaria and Planning & Development Director Tony Sousa. RESULT: COMM: GOPPS Resolution 20. C Resolution/s/Councilor Stephen Simonelli Be it Resolved: BY THE CITY COUNCIL OF THE CITY OF EVERETT, MASSACHUSETTS, as follows: C To help open up more parking spaces on our streets by revisiting Section Visitor Placard Ordinance. To help open up more parking spaces on our streets by revisiting Section P a g e

11 150.1 Visitor Placard Ordinance to consider excluding the 21 day placard and 30 day placard to try to open up more spaces, especially streets with one-sided parking, as it is getting out of control. Committee needs to come up with ideas for this serious problem. Refer to Committee on Legislative Affairs and invite the Parking Director. RESULT: COMM: LEGISLATIVE TO: Next: 5/30/2017 6:00 PM Committee on Legislative Affairs & Elections ADJOURNMENT The meeting was closed at 7:28 PM Adjournment 11 P a g e

12 7.18.a #1 C Ways and Means Committee March 16, 2017 The Committee on Ways and Means met on Thursday, March 16, 2017 at 6:00pm. Members were present were Councilor Richard Dell Isola, presiding; Councilors Michael Mclaughlin and Rosa DiFlorio. Member absent was Councilor Wayne Matewsky. The Committee met to consider an Order offered by Councilor Anthony DiPierro, as President: That the City Council of the City of Everett, acting pursuant to the authority granted under Chapter 79, Section 14 of Chapter 45 of the General Laws, Section 14 of Chapter 40 of the General Laws, and every other power and authority which is hereunto in any way enabling, to take, on behalf of the City, by purchase, gift, and/or eminent domain, the fee to and a permanent easement in portions of the property located at 162 Santilli Highway for the public purpose of using it for Sacramone Park.. City Auditor Eric DeMas, Director of Planning Tony Sousa and Special Counsel Lee Smith were also present Mr. Sousa provided the Committee with documents pertaining to the proposed eminent domain taking and permanent easement as it related to the expansion of Sacramone Park. Mr. Sousa also provided photos of the areas under consideration as well as the construction design plans of the park. Mr. Sousa explained that the proposed eminent domain known as Parcel B at the Best Buy site located at 162 Santilli Highway is 11,468 square feet and the proposed easement is 7,225 square feet. Mr. Sousa stated that based on two independent appraisals using comparable market value, the total value for both land and easement is in the range of $360,000 to $430,000 in which the City would commence a formal taking from National Development the Property Owner. Mr. Sousa noted that the funding for this taking was currently available through the City s Capital Improvement Plan. Mr. Sousa provided a quick overview of the proposed renovation project to Sacramone Park and discussed the need for the easement at the Best Buy entrance, which would provide the City with another access to Park. Councilor Mclaughlin inquired to final costs for the taking and Attorney Smith suggested that this subject matter should be discussed in Executive Session to maintain the City s ability to negotiate a fair value for land. Councilor Dell Isola inquired to timeframes for the overall project. Mr. Sousa responded that the project was currently out to bid anticipating that construction would commence this Spring and be finished by next Fall so that Little League could open up at the newly constructed Park next Spring. Councilor Mclaughlin suggested that the matter be referred out of Committee favorably pending the City Council going into Executive Session to discuss final costs for the taking of land and easement. Councilor DiFlorio requested that Mr. Sousa provide the City Council with a breakdown of any real estate taxes that would be lost from the taking and she wanted to know if there were any plans to change the main entrance to Best Buy which could impact residents of the area. Mr. Sousa agreed to obtain the real estate tax information from the City Assessor and he remarked that he didn t foresee the need to open the locked gated area to provide Best Buy with a new or another entrance. The Committee voted: To report back to the City Council with a recommendation for Favorable action pending the City Council going into Executive Session to discuss negotiated costs for the land and easement with an invitation to attend this Session extended to Director of Planning Tony Sousa, Mayor s Chief of Staff Kevin O Donnell, City Solicitor Colleen Mejia, City Auditor Eric DeMas and Special Counsel Lee Smith. Respectfully Submitted, John W. Burley Clerk of Committees Attachment: Committee Sac Park (1548 : C Eminent Domain Taking by the City of Everett on portion of 162 Santilli Highway) Packet Pg. 12