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Chelsea_ Massachusetts_ June 7_2010

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					                                   Chelsea, Massachusetts, June 7, 2010



A Regular meeting of the Chelsea City Council was held. The meeting was held at the
Chelsea City Hall located at 500 Broadway, Chelsea. The following members were
present: Councilors Robinson, Hatleberg, Cortell, Pellegrino, MeKonnen, Barton, Brown,
Bishop,Vega-Torres, Bongiovanni, and Maronski. Councillor Robinson, President of the
City Council, presided over the meeting. The meeting opened at 7:00 P.M.


Memoriums and celebratory resolutions:

The following Resolution was introduced by Councillor Robinson. A motion from
Councillor Brown to adopt under suspension was adopted.

Whereas,      Mr. Gary DeBenedictis who owns 95 Tudor Street, Chelsea,
              Massachusetts and

Whereas,      all one needs to do is walk by this property and it is obvious that Mr. Gary
              DeBenedictis has great pride in the maintaining of his property; and

Whereas,      Chelsea pride is something that all of us wish to display in our homes and
              properties; now therefore be it

Resolved,     that this City Council wishes to go on record as commending Mr. Gary
              DeBenedictis for the manner in which he maintains his property at 95
              Tudor Street, and, be it further

Resolved,     that this Council feels that he is deserving for a „Good Neighbor Award.”


The following Resolution was introduced by Councillor MeKonnen. A motion from
Councillor Me Konnen to adopt under suspension was adopted.

Whereas,      Mr. and Mrs Ron DiDonato who resides at 61 Parker Street has
              consistently maintains and keeps his property neat and uplifted, and

Whereas,      Mr. and Mrs. Ron DiDonato takes responsibility in keeping his home area
              as a place of beauty for his neighbors and all who might pass by,

Whereas,      Mr. and Mrs. Ron DiDonato shows how they care about pride, inspires all
              of us, young and old,

Whereas,      Mr. and Mrs. Ron DiDonato in there everyday habits, gives us all this
              pleasure and pride, in our neighborhood, now therefore be it
Resolved,     That the Chelsea City Council, together with our City Manager, Mr. Jay
              Ash, commend Mr. and Mrs. Ron DiDonato for making our city more
              pleasant and deserving of a “Good Neighbor Award.”


Public Hearing;   Fiscal Year 2011 Proposed Annual Operating Budget:

The Public Hearing opened at 7:15 P.M.

City Manager Jay Ash explained in detail the proposed operating budget FY‟11.

Teresa Czeripica, 21 Prospect Avenue, spoke on the budget and particularly the
automobiles leaving the city.

Henry Lea, 105 Franklin Avenue, spoke about the FY‟11 Budget and the cost savings if
the cars did not leave the city.

The Public Hearing closed at 7:40 P.M.

The public speaking portion opened at 7:42 P.M.
The following came forward to speak:

Henry Lea, 105 Franklin Avenue, spoke about the cars leaving the city.

Teresa Czeripica, 21 Prospect Avenue, spoke about cars leaving the city.

Chris Falbo, 19 Medford Street, spoke about noise from Massport and the windows that
were installed.

David Rexford, 110 Prescott Avenue, spoke about picking up trash. He wants to be
reimbursed for the cost of Trash Bags.

Brenda Hogan, 122 Winn. Street, spoke about windows put in by Massport and the
problems affiliated with them.

The speaking portion of the meeting closed at 7:58 P.M.


The minutes of the City Council meeting dated May 17, 2010 were approved at the
request of Councillor Brown under suspension.


Communication from City Manager:

The following communication was read from City Manager Jay Ash. A motion from
Councillor MeKonnen to accept and file was adopted under suspension.
Chelsea City Council
500 Broadway
Chelsea, MA 02150

Re: Green Tickets

Dear Ladies and Gentlemen of the City Council:

In February 2010 the Commonwealth expanded the authority of cities and towns to
collect unpaid 21d fines that are issued for violations of local ordinances regulating
sanitation, housing and snow and ice removal.

The new local option mandates a procedure whereby residents will be issued a ticket,
known as a Green Ticket and have the right to appeal its issuance to a municipal hearing
officer and then may go to court. I recommend the appointment of Cheryl Anne Watson
as the Municipal Hearing Officer, she has been trained and currently hears the Fire
Department‟s Citation Appeals.

If the Green Ticket isn‟t overturned on appeal or paid, then the City may lien the property
for any and all unpaid Green Tickets. Prior to the adoption of this new general law, cities
and towns had to institute legal proceedings to collect the fines. Now we may lien the
tickets when we lien water and sewer bills.

I recommend that you accept this local option so that the Administration can initiate its
Green Ticket procedures.

Very truly yours,
Jay Ash
City Manager

The following communication was read from City Manager Jay Ash. A motion from
Councillor MeKonnen to accept and file was adopted under suspension.
Chelsea City Council
500 Broadway
Chelsea, MA 02150

Re: Revised 6-124

Dear Ladies and Gentlemen of the City Council:

The new Green Ticket Law which allows for the issuance of tickets for 21d violations has
specific requirements for the tickets issued pursuant to snow and ice removal. This calls
for revisions to Section 6-124 of our Code of Ordinances.

The revised version specifically informs a property owner of when snow and ice should
be removed and the standards by which the City expects the removal. The statue also
limits the amount of the fines to be issued; which is less than the City‟s normal 21d fee
schedule.

I recommend the adoption of the revisions to 6-124.

Very truly yours,
Jay Ash
City Manager

The following communication was read from City Manager Jay Ash. A motion from
Councillor MeKonnen to accept and file was adopted under suspension.

Honorable Members of the City Council
500 Broadway
Chelsea, MA 02150

Re: JAG Grant Authorization

Dear Ladies and Gentlemen of the Chelsea City Council:
I write to request your support of the application being submitted by the Chelsea Police
Department for the Federal Byrne Justice Assistance Grant (JAG) Program. The City has
been the recipient of previous JAG awards and consistent with recent awards, this grant
program will continue local efforts to combat violence and deal with serious offenders.

The Chelsea Police Department (CPD) is preparing an application for $80,234. If
approved, the JAG grant would allow CPD to deploy police officers in specialized gang,
drug and anti-crime units to focus on crime reduction initiatives. A program abstract is
attached describing the grant application.

Knowing your support of local policing efforts, I am sure that you would agree that the
proposed program is a critical initiative that has already enhanced our public safety
efforts. The continuation of this and other JAG supported initiatives will bring continued
positive results.

Eligibility under the grant requires authorization by the local governing body to apply for
the grant, and so on accord with this requirement I have attached a proposed order.

In advance, I again appreciate your support of the efforts advanced through the JAG
program.

Respectfully,
Jay Ash
City Manager
The following communication was read from City Manager Jay Ash. A motion from
Councillor MeKonnen to accept and file was adopted under suspension.
Chelsea City Council
500 Broadway
Chelsea ma 02150


Re: CIP Reprogramming Requests

Dear Ladies and Gentlemen;

In accord with the effort advanced by the Capital Improvement Committee to review past
Capital Improvement Plans for projects approved and funds issued but not used, the
Committee advances the following requests for the FY‟07-FY‟09 CIP projects.

The CIP Committee seeks your authorization to transfer/appropriate funds approved CIP
FY‟07-FY‟09 projects where a fund balance remains i ) following completion of the
project, or ii) the project was discontinued or abandoned and unexpected proceeds exist,
to current CIP projects that require additional funds, or eligible non-CIP projects.

The total value of the transfer and/or appropriation requests is $383,205, as shown in the
attached table titled, Capital Projects and funds for Reprogramming.

In summary, the requests are as follows:

Vote to Discontinue 4 Approved Projects (with this action requiring one reading of the
Council) Carter Street Pump Station FY‟07
         NE Produce Center Water Meter Project FY‟07
         Fire Department Bunker Gear FY‟07
         Sidewalk Inventory System Project FY‟09

Vote to Transfer fund to approved but underfunded CIP Projects (with this action
requiring one reading of the Council);
          Crescent Avenue Sewer Project FY‟09
          E911/City Hall Server Room Cooling Project FY‟10
          Fire Engine #1 (Sagamore Fire House) Window & Cooling Project FY‟08

Vote to Appropriate to capital projects not named in the CIP (with this action requiring
two readings of the Council);
          Emergency Water Repairs to County Road and environs
          Replacement of Lead Water Pipes
          Maintenance Washer/Dryer Machines for Bunker Gear

Following is a detail explanation of each of Request.
REQUEST 1:
The Committee requests Council vote to discontinue the FY‟07 Master Meter Project-
Produce Center and vote to appropriate the unexpended proceeds of the loan for:

1A) Emergency Water Line Replacement Project on County Road and vicinity in the
amount of $81,647.86. This represents partial costs of the total project cost of
$181,647.86 to replace corroded water line pipes leeching rust conducted during CY‟09.

1B) Lead Service Water Line Replacement Project to perform 22 residential lead service
replacements in FY‟11, as mandated by DEP, in the amount of $62,352.14.

Project History – FY‟07 Master Meter Project – New England Produce Center:
DPW through the CIP Committee recommends abandonment of this project after
preliminary investigation and pre-design revealed that costs were significantly greater
than anticipated, and that savings could be achieved by combining this singular effort
with the larger effort to secure state and federal reconstruction funds for the
Williams/Beacham Streets corridor.
Project not needed – Funds raised and not used…..$144,000.00
Request for Reprogramming/Appropriation 1A….. $81,647.86
                               Appropriation 1B….. $62,352.14

REQUEST #2:
The Committee requests Council vote the following actions in the total amount of
@$158,617.59 to fund shortfalls in the ongoing Crescent Avenue Utility and Roadway
Reconstruction Project related to contaminated soils unearthed during the sewer phase of
the project. The Crescent Ave Project will be complete by August, 2010.

2A) The Committee requests Council vote to discontinue the FY‟07 Carter Street Pump
Station and vote to transfer the unexpended proceeds of the loan to the Crescent Avenue
Utility and Roadway Reconstruction Project:

DPW completed repairs to this facility using Department general funds, at a lower cost
than originally projected,
Project not needed – Funds raised and not used………….$20,000.00
Request for Transfer……………………………………...$20,000.00

2B) The Committee requests Council vote to transfer the balance of the completed
FY‟07 CIP Carter St. Sewer Replacement Project to the Crescent Avenue Utility and
Roadway Reconstruction Project:


DPW completed this project in FY‟10 at a cost lower than anticipated due to the
competitive construction cost environmental and a smaller project scope than originally
planned.
Remainder Balance Available for Reprogramming ….. $59,049.00
Request for Transfer……………………………………$59,049.00

2C) Committee requests Council vote to transfer the balance of the completed FY‟08
CIP

DPW conducted this project over two fiscal years completed in FY‟10. The complex
project relied upon multiple funding sources and involved several change orders and is
completed.
Remainder Balance Available for Reprogramming……..$19,765.00
Request for Transfer……………………………………..$19,765.00

2D) Committee requests Council vote to transfer the balance of the completed FY‟08
CIP Library St. Ph.II Project to the Crescent Avenue Utility and Roadway Reconstruction
Project;

DPW conducted this project over two fiscal years completed in FY‟10. The complex
project relied upon multiple funding sources and involved several change orders and is
completed.
Remainder Balance Available for Reprogramming…………$59,803.00
Request for Transfer…………………………………………$59,803.00

REQUEST #3

The Committee requests that Council vote below referenced funds in the total amount of
@$22,500 to fund shortfalls in the FY‟10 City hall/E911 Computer Server Room
Cooling Project Final engineering and specifications are based upon larger than expected
equipment loads in the server rooms requiring greater cooling capacity than originally
estimated. The Server Room Cooling Project is funded is funded in the FY‟10 CIP-
$35,000 and requires additional funds-upon approval of the additional funds work will
commence and complete by September, 2010.

Committee requests Council vote to transfer the balance of the completed FY‟08 Vinyl
Sign Cutter Project to the FY‟10 City hall/E911 Computer Server Room Cooling Project:

Final equipment purchases was completed after assessment revealed a system tailored to
the City‟s needs that were also less expensive than the type specified in the capital
request. Additional equipment pieces have been ordered and are expected his season.
Remainder Balance Available for Reprogramming……………….$10,000
Request for Transfer……………………………………………….$10,000

The Committee requests Council vote to discontinue the FY‟09 Sidewalk Condition
Inventory Project and vote to transfer the unexpected proceeds of the loan to the FY‟10
City Hall/E911 Computer Server Room Cooling Project:
DPW through the Committee has recommended abandonment of the project. The annual
funding of sidewalk work does not warrant the expenditure and staff time required to
implement the database system at this time.
Project not needed-Funds raised and not used…………….$12,500
Request for Transfer……………………………………….$12,500
REQUEST #4
The Committee request Council vote to discontinue the FY‟07 Fire Department Bunker
Gear Project and:

4A) The Committee request Council vote to appropriate the unexpended proceeds of the
loan in the amount of $7,378 to purchase specialized washer/dryer equipment used to
maintain the bunker gear.

4B) The Committee requests Council vote to transfer the unexpended proceeds of the
loan in the amount of $23,622 to supplement FY‟08 Fire Engine #1 Window and Cooling
Project to replace windows and install a rooftop cooling system to in stead of window air
conditioners.

FY‟07 Fire Department Bunker Gear:
The Fire Department was successful in securing grant funds to purchase bunker gear and
is current with this need.

During FY‟10 the Fire Department secured a grant to purchase specialized
washing/drying equipment to maintain the bunker gear in good working order. The grant
requires a match of $7,378.

Funds are needed to meet anticipated shortfalls in the FY08 Fire Engine #1 Window and
Cooling Projects to replace windows and install a rooftop cooling system instead of
window air conditioners. Work is anticipated for this summer and fall season. (SEE
BELOW)

Project not needed-Funds raised and not used…………….$31,000
                   Request for Appropriation…………….$7,378
                   Request for Transfer…………………..$23,622

REQUEST #5.
The Committee requests Council vote to transfer funds un the amount of $65,710 to fund
shortfalls in the FY08 Fire Engine #1Window and Cooling Project to replace windows
and install a rooftop cooling system instead of window air conditioners.

FY‟09 Senior Center Masonry Project:
DPW completed the masonry repair project at a cost lower than estimated.
Remainder Balance Available for Reprogramming………..$27,088
Request for Transfer………………………………………$27,088

FY‟09 Council Chambers Improvement:
DPW completed the project t a cost lower than estimated
Remainder Balance Available for Reprogramming………..$15,000
Request for Transfer………………………………………. $15,000
FY‟07 Fire Department Bunker Gear:
Funds are needed to meet anticipated shortfalls in the FY08 Fire Engine #1 Window and
Cooling Project to replace windows and install a rooftop cooling system instead of
window air conditioners Work is anticipated for this summer and fall season.
           Request for Transfer………………………….$23,622

I have drafted proposed orders which to accomplish each transfer and/or appropriation.

For your information, the requested votes do not close out the CIP‟s for the respective
years. Ongoing projects funded through the each of the CIP‟s are still working towards
completion. The actions envisioned by the proposed orders are meant to eliminate
projects that were not undertaken or redirect left-over balance. Once an entire CIP has
been concluded, Council will be made aware of that action.

I respectively request that the Council take action on these matters. I am pleased to
present them to Council as we continue to improve our reporting and tracking of CIP
matters.

Very truly yours,
Jay Ash
City Manager


The following communication was received late from the City Manager Jay Ash. A
motion from Councillor Hatleberg to accept and file was adopted under suspension.
The Honorable Chelsea City Council
City Hall
Chelsea, Massachusetts 02150

Pursuant to my communication to Council on May 12,2010 and the lease agreement the
City has secured for the municipal property at 324 Marginal Street, I would request that
Council establish an account for the operation, maintenance and capital expenses of said
property.

As you know, the City‟s intention is to fund the operation, maintenance and capital
through excess revenues generated at the property. The order recommended to Council
only establishes the account. Following the certification of Free Cash in the fall. I will
then ask Council to direct an amount from the property receipts into that account.

Thank you for your consideration of this request.

Respectfully
Jay Ash
City Manager
The following communication was read late from City Manager Jay Ash. Councillor
Bongiovanni moved to take the order pertaining to the communication from New
Business and adopt the order along with the communication by roll call. The roll call
passed 11-0-0-0. Voting yes were Councilors Robinson, Hatleberg, Cortell, Pellegrino,
MeKonnen, Barton, Brown, Bishop, Vega-Torres, Bongiovanni, and Maronski. The
communication and the order read:
Honorable Chelsea City Council
Chelsea City Hall
500 Broadway
Chelsea, MA 02150

RE:    Acceptance of Gifts and Donations

Dear Ladies and Gentlemen of the Council:

Richard Pedi of 21 Oakridge Circle, Wilmington, Ma has donated a Magnisight 17”
Color Inline system, a device used to magnify books for a reader, to the library. This gift
was unsolicited and is being donated in memory of his farther and former Chelsea Police
Officer Anthony Pedi. The system has a approximate value of $2,000.

The City shares in the grief over the loss of Mr. Pedi, and is pleased his family desires to
honor his life by such a donation.

I would appreciate it if the Council would take action and approve the acceptance of this
gift.

Very truly yours,
Jay Ash
City Manager

Order introduced by Councillor Hatleberg:

Be it ORDERED by the City Council of the City of Chelsea as follows:

Pursuant to section 3-5 of the City of Chelsea Ordinances, and pursuant to Chapter 44
Sec. 53A of the Massachusetts General Laws, the City Council hereby accepts a gift from
Mr. Richard Pedi and family to the City of Chelsea Library for a Magnisight 17” Color
Inline system valued at $2,000.00.


The following communication was received late from City Manager Jay Ash. A motion
from Councillor Hatleberg to accept and file was adopted under suspension.
The Honorable Chelsea City Council
City Hall
Chelsea, Massachusetts 02150
Dear Honorable Council:

I respectfully request you adopt two amendments to the FY‟11 Budget.

The first amendment reduces the DPW Solid Waste budget by $70,000. That amount
represents the reduced cost the City anticipates for trash pick-up as a result of bringing on
a new trash from that contract and, if achieved, will notify Council of any such amount.

The second amendment increases the DPW Structures & Grounds budget by that
$70,000. That amount will provide for the unbudgeted property tax obligation of carrying
the 324 Marginal Street property for a non-municipal use. When a property is used for
municipal purposes, it is tax exempt. In constructing the budget, we failed to account for
the property being leased, thus removing the tax exempt status and requiring taxes to be
paid. Under our lease agreement, we are responsible for payment of the property taxes,
and then we are reimbursed for those taxes. When reimbursed that tax money is placed in
the General Fund. Ultimately, therefore, this $70,000 request will be paid and have a
positive impact of Free Cash.

The net impact of these amendments does not change the overall budget‟s bottom line.

Thank you for your consideration of these budget amendments.

Respectfully,
Jay Ash
City Manager


The following communication was received late from City manager Jay Ash. A motion
from Councillor MeKonnen to accept and file was adopted under suspension.
The Honorable City Council
City Hall
Chelsea, Massachusetts 02150

Dear Honorable Council:

City public safety resources are primarily directed at ensuring that local residents,
businesses and visitors receive protective service when a need arises. In the case of fire
services, for example, the City dedicates more than $7 million annually to be prepared to
respond to almost any emergency. While that appropriation is money well spent,
emerging theories exist regarding who should bear the burden for the cost of the expense.

Upon reviewing the financing of public safety resources nationally and applying similar
standards to the local operation, I believe the traditional method of funding fire services
through tax receipts and intergovernmental revenues is not equitable for the average
taxpayer and threatens the availability of sufficient resources to address future public
safety needs. In response, I am proposing to recover a portion of funds expended on
preparing for and responding to incidences in four general categories: marine incidents,
motor vehicle incidents, arson investigations and structural fires, both residential and
commercial. The recovered funds will almost always come from the insurance companies
providing coverage to the parties receiving the fire services. In an extreme case, perhaps
when the negligence of a responsible party voids his or her insurance coverage, it is
possible that the City may seek to recover funds from an individual. Again, though, I
believe that will be a rare case.

An alternative position to the assessment of a recovery fee is that taxpayers pay for public
safety services to be available and to respond to emergencies. That assertion is true.
However, the question remains to what extent the average and some might say, innocent
taxpayer should pay for elevated preparedness an response costs, in the case of marine
incidents, and for negligence or worse for motor vehicle incidents and cases of arson
investigations. In terms of structure fires taxpayers who regularly maintain their property
often pay for fire services for those who do not. So, in each case and others, the City is
attempting to recover a portion of the cost for the response in order to make sure that
taxpayer-supported resources are not depleted and, in almost every case, insurance
companies who provide coverage for such incidents help to cover the costs generated by
their insured.

In numerous cases cited in the paragraph above, the local emergency response is often
saving the insurance company more money in claim and damages. The containment of a
petroleum spill on the water or onshore would be one example. A finding of arson in a
structure fire would be another example. In any homeowner policies, provisions exist that
already provide a normal amount for fire department response to a structure fire. In case
where deductibles exist, the City would typically only seek to recover costs that are over
and above those costs to which a deductable any additional cost as a result of the
ordinance and subsequent cost recovery effort.

I want to stress that this cost recovery program is not specifically targeted at individuals
and is only for the four types of response cited above. For example, the City is not
seeking to recover costs for medical services supplied when one calls 911. I also want to
again stress that especially when a part is deemed to be at fault and thereby responsible
for creating the need for an emergency response, other taxpayers should be lifted of the
burden of fully paying for that response,

Especially in these times when communities are struggling to meet their every need, it is
critical that every means possible be utilized to ensure that taxpayers are not otherwise
deprived of the services for which their taxes should be paying to support. To that end,
communities around the country are making that case and collecting from insurance
companies for the services their fire departments provide. Attached is a schedule of fees
the City would anticipate utilizing should the Council approve this action. It is estimated
that between $150,000 to $300,000 could be collected annually by the Fire Department
through a third party who would manage the program.
The cost recovery model is popular in the west, especially California. Here in
Massachusetts, one community has utilized it with limited success appears to be because
the billing method was being performed in house. I envision contracting with one of
several companies that provide this service. In reviewing the local situation, it is my
belief that only a local ordinance needs to be in place in order for the City to enact a cost
recovery program. It is possible that one or more insurance companies could contest this,
Though. I certainly plan on being active in any public policy discussion that arises as a
result of this option being adopted.

After several months of review, including holding a conference here in Chelsea for area
fire officials and their municipal leaders, Fire Chief Chuck Fothergill and I believe the
establishment of a cost recovery program to reimburse the Chelsea Fire Department for
certain expenditures is both warranted and appropriate. The recommended ordinance
contains a waiver provision to provide a waiver of fees when the situation merits such, as
well as an annual reporting requirement so that Council and the public can see the extent
to which cost recovery is utilized or waived. In the end, it is my belief that the adoption
of the ordinance and implementation of the cost recovery program is good public policy,
promotes taxpayer equity and helps to ensure that our Fire Department continues to
maintain the resources necessary to respond to emergencies in the future.

As always, I thank you for your attention, appreciate your review and look forward to the
action you may soon take.

Respectfully,
Jay Ash
City Manager


Communications and petitions to the Council:

A copy of a communication was received from Deborah A. Clayman, City Clerk/Parking
Clerk regarding the meeting of the Traffic and Parking Commission held on May 25,
2010. A motion from Councillor Barton to accept and file was adopted under suspension.

A copy of a communication was received from Johanna Mateo, President of the Interact
Club, Chelsea High School. A motion from Councillor Hatleberg to accept and file was
adopted under suspension.

A copy of a communication was received from Steven J. Chilton regarding the proposed
bond issuance for the benefit of Kayem Foods, Inc. in Chelsea Massachusetts. A motion
from Councillor Hatleberg to accept and file was adopted under suspension.

A copy of a communication was received from Brian Capistran, President of Local 937
Chelsea Fire Fighters Association., with regards to the Budget and overtime issues. A
motion from Councillor MeKonnen to accept and file was adopted under suspension.
Second Readings:
The following Orders were all introduced by Councillor Hatleberg and referred to a
second reading by Councillor Hatleberg under suspension.
ORDERED, that the Chelsea City Council authorize the transfer of $7,312.00 from the
Salary Reserve Account #0199959-598000 to the FY 2010 City Manager-Salaries
Account #0112351/510200.

ORDERED, that the Chelsea City Council authorizes the transfer of $10,197.00 from
the Salary Reserve Account #0199959-598000 to the FY 2010 Auditing Department-
Salaries Account #0113551/510200.

ORDERED, that the Chelsea City Council authorizes the transfer of $11,320.00 from
the Salary Reserve Account #0199959-598000 to the FY 2010 Purchasing Department-
Salaries Account #0113851-510200.

ORDERED, that the Chelsea City Council authorizes the transfer of $16,798.00 from
the Salary Reserve Account #0199959-598000 to the FY 2010 Assessors Department-
Salaries Account #0114151-510200.

ORDERED, that the Chelsea City Council authorizes the transfer of $45,732.00 from
the Salary Reserve Account #0199959-598000 to the FY 2010 Treasurer Department-
Salaries Account #0114551-51000.

ORDERED, that the Chelsea City Council authorizes the transfer of $95.00 from the
Salary Reserve Account #0199959-598000 to the FY 2010 Personnel Department-
Salaries Account #0115251-510200.

ORDERED, that the Chelsea City Council authorizes the transfer of $13,943.00 from
the Salary Reserve Account #0199959-598000 to the FY 2010 MIS Department-Salaries
Account #0115551-510200.

ORDERED, that the Chelsea City Council authorizes the transfer of $5,070.00 from the
Salary Reserve Account #0199959-598000 to the FY 2010 Central Billing Department-
Salaries Account #0115951-510200.

ORDERED, that the Chelsea City Council authorizes the transfer of $11,564.00 from
the Salary Reserve Account #0199959-598000 to the FY 2010 City Clerk Department-
Salaries Account #0116151-510200.

ORDERED, that the Chelsea City Council authorizes the transfer of $9,805.00 from the
Salary Reserve Account #0199959-598000 to the FY 2010 Licensing Department-
Salaries Account #0116551-510200.
ORDERED, that the Chelsea City Council authorizes the transfer of $5,049.00 from the
Salary Reserve Account #0199959-598000 to the FY 2010 Planning Department-Salaries
Account #0117551-510200.
ORDERED, that the Chelsea City Council authorizes the transfer of $35,632.00 from
the Salary Reserve Account #0199959-598000 to the FY 2010 Police Department-
Salaries Account #0121051-510200.

ORDERED, that the Chelsea City Council authorizes the transfer of $43,009.00 from
the Salary Reserve Account #0199959-598000 to the FY 2010 Emergency Management
Department-Salaries Account #0123051-510200.

ORDERED, that the Chelsea City Council authorizes the transfer of $43,926.00 from
the Salary Reserve Account #0199959-598000 to the FY 2010 ISD Department-Salaries
Account #0124051-510200.

ORDERED, that the Chelsea City Council authorizes the transfer of $3,743.00 from the
Salary Reserve Account #0199959-598000 to the FY 2010 Parking Department-Salaries
Account #0129351-510200.

ORDERED, that the Chelsea City Council authorizes the transfer of $17,798.00 from
the Salary Reserve Account #0199959-598000 to the FY 2010 DPW Administration
Department-Salaries Account #0142151-510200.

ORDERED, that the Chelsea City Council authorizes the transfer of $15,309.00 from
the Salary Reserve Account #0199959-598000 to the FY 2010 DPW Streets &
Sidewalks-Salaries Account #0142251-510200.

ORDERED, that the Chelsea City Council authorizes the transfer of $14,217.00 from
the Salary Reserve Account #0199959-598000 to the FY 2010 DPW Structures &
Grounds-Salaries Account #0147051-510200.

ORDERED, that the Chelsea City Council authorizes the transfer of $15,558.00 from
the Salary reserve Account #0199959-598000 to the FY 2010 HHS Department-Salaries
Account #0151051-510200.

ORDERED, that the Chelsea City Council authorizes the transfer of $4,282.00 from the
Salary Reserve Account #0199959-598000 to the FY 2010 Health Department-Salaries
Account #0151151-510200.

ORDERED, that the Chelsea City Council authorizes the transfer of $3,751.00 from the
Salary reserve Account #0199959-598000 to the FY 2010 Veterans department-Salaries
Account #0154351-510200.

ORDERED, that the Chelsea City Council authorizes the transfer of $67,206.00 from
the Salary reserve Account #0199959-598000 to the FY 2010 Refugee Services-Salaries
Account #0154951-510200.
ORDERED, that the Chelsea City Council authorizes the transfer of $5,745.00 from the
Salary Reserve Account #0199959-598000 to the FY 2010 Library Department-Salaries
Account #0161051-510200.

ORDERED, that the Chelsea City Council authorizes the transfer of $2,439.00 from the
Salary Reserve Account #0199959-598000 to the FY 2010 Recreation & Cultural Affairs
Department-Salaries Account #0163051-510200.

ORDERED, that the Chelsea City Council authorizes the transfer of $140,500.00 from
the Salary Reserve Account #0199959-598000 to the FY 2010 Fire Department-Salaries
Account #0122051-510200.

ORDERED, that the Chelsea City Council authorizes the appropriation of $2,520.00
from Free Cash to the FY 2010 Legislative Professional Services-Account 0111052-
530000.

ORDERED, that the Chelsea City Council authorize the appropriation of $123,125.00
from Free Cash to the 2010 Debt Service Principal-Account #0171052-576000.

ORDERED, that the Chelsea City Council authorize the appropriation of $145,775.00
from Free Cash to the FY 2010 Debt Service Interest-Account 0171152-576100.

ORDERED, that the Chelsea City Council authorize the appropriation of $106,666.00
from Free Cash to the FY 2010 Fire Department-Salaries Account #0122051-510200.

ORDERED, that the Chelsea City Council authorize the appropriation of $18,800.00
from Regional School Account 0130156-566200 to FY 2010 Free Cash,

ORDERED, that the Chelsea City Council authorize the transfer of $1,885.00 from
Library-Other Professional Services Account #0161052-531900 to the Library Capital
Outlay-Computer Equipment Account #0161058-586000.

ORDERED, that the Chelsea City Council authorize the transfer of $94,470.00 from
the Employee Benefits-Health Insurance Account #0191051-517100 to the Employee
Benefits-Unemployment Account #0191051-517700.

The following amendment to the FY‟11 Budget which was properly before the Council
for final passage was introduced by Councillor Hatleberg. Councillor Hatleberg moved to
adopt by roll call. The roll call passed 11-0-0-0. Voting yes were Councilors Robinson,
Hatleberg, Cortell. Pellegrino, MeKonnen, Barton, Brown, Bishop, Vega-Torres,
Bongiovanni, and Maronski.
ORDERED, that an amendment to Fiscal Year 2011 Proposed Budget, Public
Works/Structures and Grounds Division Program Budget #470, Operations and
Maintenance be changed from $757,310 to $827,310, for a net increase of $70,000.
The following amendment was introduced for the FY‟11 Budget by Councillor
Hatleberg. Councillor Hatleberg moved to adopt by roll call. The roll call passed 11-0-0-
0. Voting yes were Councilors Robinson, Hatleberg, Cortell, Pellegrino, MeKonnen,
Barton, Brown, Bishop, Vega-Torres, Bongiovanni, and Maronski.
ORDERED, that a amendment of Fiscal Year 2011 Proposed Budget, Public
Works/Solid Waste Division Program Budget #430, Operations and Maintenance be
changed from $1,818.900 to $1,748.900, for a net reduction of $70,000.

The following order was introduced by Councillor Hatleberg Chairman of the Finance
and Accounts Committee. The order pertains to the amendments and final breakdown of
the FY ‟11 Budget. A motion from Councillor Hatleberg to adopt the FY‟11 Budget as
amended by roll call passed 11-0-0-0. Voting yes were Councilors Robinson, Hatleberg,
Cortell, Pellegrino, MeKonnen, Barton, Brown, Bishop, Vega-Torres, Bongiovanni, and
Maronski.
An Order Concerning Appropriations for the Fiscal Year Beginning July 1,2010 be the
Chelsea City Council as follows:

ORDERED, that the following sums as classified and designated with respect to each
department or undertaking as Salaries, Operations & , Maintenance, and Capital in the
attached document are hereby appropriated in the General Fund of the City of Chelsea,
and summarized as follows: Salaries $32,203,683, Operations and Maintenance
$88,367,970 and Capital $50,000, totaling $120,621,653.


New Business:

The following Order was introduced by Councillor MeKonnen. A motion from
Councillor MeKonnen to adopt by roll call passed 11-0-0-0.
Whereas,      the City of Chelsea City Council has continually expressed a desire to
increase Chelsea Police Department‟s use of special initiatives focused on Anti-Gang
activity;

Whereas,      the United States Department of Justice, Justice Assistance Grant (JAG)
Program if approved will help fund some of the special initiatives that the City
Administration and Police Department wish to undertake;

Be it hereby Resolved by the City Council of the City of Chelsea, as follows;

That the City Council hereby supports and wholeheartedly endorses the City of Chelsea‟s
application to the United States Department of Justice for the Justice Assistance Grant
Program, Local Solicitation for the amount of $80,234.00.


The following order was introduced by Councillor Robinson. A motion from Councillor
Robinson to adopt under suspension was adopted.
ORDERED, that a Sub-Committee on Conference be held on Monday, June 21, 2010,
at 6:00 P.M. regarding ROCA.

The following order was introduced by Councillor Brown. A motion from Councillor
Brown to adopt under suspension was adopted.
ORDERED, that the Veteran‟s Sign located at the corner of Broadway and Fourth be
put back up.

The following order was introduced by Councillor MeKonnen. A motion from Councillor
MeKonnen to adopt under suspension was adopted.
ORDERED, that the Sub-Committee on Rules and Ordinances be held to discuss
satellite dish-networks and loose wires attached to buildings in the city.

The following orders were all introduced by Councillor Hatleberg Chairman of the
Finance and Accounts Committee. Councillor Hatleberg referred all of the orders to a
second reading under suspension.

ORDERED, that $1,000.00 be appropriated from Free Cash to establish a 324 Marginal
Street Overage Fund Account #553110 for maintenance and operations (series account
#520000) and for capital improvements (series #580000), consistent with the lease
agreement for that property dated March 23,2009.

AN ORDER TRANSFERRING PROCEEDS OF A BORROWING THAT ARE NO
LONGER NEEDED TO COMPLETE THE PROJECT FOR WHICH THEY WERE
ORIGINALLY BORROWED, TO PAY COSTS OF AN ALTERNATIVE CAPITAL
PROJECT, AS AUTHORIZED BY CHAPTER 44, SECTION 20 OF THE GENERAL
LAWS,
Ordered.       That in accordance with Chapter 44, Section 20 of the General Laws, the
sum of $15,000.00 representing the unexpended portion of the $56,100.00 borrowed
under the Fiscal Year 2009 Capital Improvement Plan for the purpose of Council
Chamber Interior Improvements-Account 5530914, but which is no longer needed to
complete that project, is hereby transferred to pay for an equipment purchase for the
FY‟08 Fire Station Window and Cooling Project-Account 55308010.



AN ORDER TO ABANDON/DISCONTINUE THE PROJECT AND
APPROPRIATING THE PROCEEDS OF A BORROWING THAT ARE NO LONGER
NEEDED TO COMPLETED THE PROJECT FOR WHICH THEY WERE
ORIGINALLY BORROWED, TO PAY COSTS OF AN ALTERNATIVE CAPITAL
PROJECT, AS AUTHORIZED BY CHAPTER 44, SECTION 20 OF THE GENERAL
LAWS.

Ordered,       that in accordance with Chapter 44, Section 20 of the General Laws, the
sum of $144,000.00 representing the unexpended portion of the $150,000.00 borrowed
under the Fiscal Year 2007 Capital Improvement Plan for the purpose of making water
system improvements on Master Meter Project-New England Produce Center-Account
55307007, but which no longer needed to complete that project, is hereby abandoned /
discontinued and funds appropriated in the amount of $81,647.86 to pay costs of
Emergency Water Line Replacement Project on County Road and abutting roads.


AN ORDER TO ABANDON DISCONTINUE THE PROJECT AND TRANSFERRING
PROCEEDS OF A BORROWING THAT ARE NO LONGER NEEDED TO
COMPLETE THE PROJECT FOR WHICH THEY WERE ORIGINALLY
BORROWED, TO PAY COSTS OF AN ALTERNATIVE CAPITAL PROJECT, AS
AUTHORIZED BY CHAPTER 44, Section 20 of the general Laws.

Ordered,        that in accordance with Chapter 44, Section 20 of the General Laws, the
sum of $20,000.00 borrowed under the Fiscal Year 2007 Capital Improvement Plan for
the purpose of making drainage system improvements at the Carter Street Pump Station-
Account 55307001, but which is no longer needed to complete that project, is hereby
abandoned/discontinued and funds transferred in the amount of $20,000 to pay sewer
related costs for the FY‟09 Crescent Avenue Infrastructure Project-Account 55309027.


AN ORDER TRANSFERRING PROCEEDS OF A BORROWING THAT ARE NO
LONGER NEEDED TO COMPLETE THE PROJECT FOR WHICH THEY WERE
ORIGINALLY BORROWED, TO PAY COSTS OF AN ALTERNATIVE CAPITAL
PROJECT, AS AUTHORIZED BY CHAPTER 44 SECTION 20 OF THE GENERAL
LAWS.

Ordered,       that in accordance with Chapter 44, Section 20 of the General Laws, the
sun of $59,049.73 representing the unexpended portion of the $700,000.00 borrowed
under the Fiscal Year 2007 Capital Improvement Plan for the purpose of making sewer
system improvements on Carter Street-Account 55307002, but which is no longer needed
to complete that project, is hereby transferred to pay sewer related costs for the fy‟09
Crescent Avenue Infrastructure Project-Account 55309027.


AN ORDER TRANSFERRING PROCEEDS OF A BORROWING THAT ARE NO
LONGER NEEDED TO COMPLETE THE PROJECT FOR WHICH THEY WERE
ORIGINALLY BORROWED TO PAY COSTS OF AN ALTERNATIVE CAPITAL
PROJECT, AS AUTHORIZED BY CHAPTER 44, SECTION 20 OF THE GENERAL
LAWS.

Ordered,        that in accordance with Chapter 44, Section 20 of the General Laws, the
sum of $19,765.56 representing the unexpended portion of the $449,500.00 borrowed
under the Fiscal Year 2008 Capital Improvement Plan for the purpose of making sewer
system improvements on Highland Street Drainage Outfall Ph II-Account 55308002, but
which is no longer needed to complete that project, is hereby transferred to pay sewer
related costs for the FY‟09 Crescent Avenue Infrastructure Project-Account 55309027.
AN ORDER TRANSFERRING PROCEEDS OF A BORROWING THAT ARE NO
LONGER NEEDED TO COMPLETE THAT PROJECT FOR WHICH THEY WERE
ORIGINALLY BORROWED, TO PAY COSTS OF AN ALTERNATIVE CAPITAL
PROJECT, AS AUTHORIZED BY CHAPTER 44, SECTION 20 OF THE GENERAL
LAWS.

Ordered,        that in accordance with Chapter 44, Section 20 of the General Laws, the
sum of $59,803.42 representing the unexpended portion of the $150,000.00 borrowed
under the Fiscal Year 2008 Capital Improvement Plan for the purpose of making water
and drainage system improvements on Library Street ph II – Account 55308005, but
which is no longer needed to complete that project, is hereby transferred to pay sewer
related costs for the FY‟09 Crescent Avenue Infrastructure Project-Account 55309027.


AN ORDER TRANSFERING PROCEEDS OF A BORROWING THAT ARE NO
LONGER NEEDED TO COMPLETE THE PROJECT FOR WHICH THEY WERE
ORIGINALLY BORROWED, TO PAY COSTS OF AN ALTERNATIVE CAPITAL
PROJECT, AS AUTHORIZED BY CHAPTER 44, SECTION 20 OF THEW GENERAL
LAWS.

Ordered,       that in accordance with Chapter 44, Section 20 of the General Laws the
sum of $10,000.00 representing the portion of the unexpended portion of the $40,000.00
borrowed under the Fiscal Year 2008 Capital Improvement Plan for the purpose of
making an equipment purchase of a Vinyl Sign system-Account 5530817, but which is no
longer needed to complete that project, is hereby transferred to pay for an equipment
purchase for the fy‟10 City hall/E911 Computer Server Room Cooling Project-Account
55301003.


AN ORDER TO ABANDON/DISCONTINUE TRANSFERRING PROCEEDS OF A
BORROWING THAT ARE NO LONGER NEEDED TO COMPLETE THE PROJECT
FOR WHICH THEY WERE ORIGINALLY BORROWED, TO PAY COSTS OF AN
ALTERNATIVE CAPITAL PROJECT, AS AUTHORIZED BY CHAPTER 44,
SECTION 20 OF THE GENERAL LAWS.
Ordered,       that in accordance with Chapter 44, Section 20 of the General Laws, the
sum of $12,500.00 representing the unexpended portion of the $12,500.00 borrowed
under the Fiscal Year 2009 Capital Improvement Plan for the purpose of making a
software equipment purchase of a Sidewalk Condition system-Account 55309022, but
which is no longer needed to complete that project, is hereby abandoned/discontinued
and funds transferred to pay for equipment costs for the FY‟10 City hall/E911 Computer
Server Room Cooling Project-Account 55301003.
AN ORDER TO ABANDON/DISCONTINUE THE PROJECT AND APPROPRIATE
PROCEEDS OF A BORROWING THAT ARE NO LONGER NEEDED TO
COMPLETE THE PROJECT FOR WHICH THEY WERE ORIGINALLY
BORROWED, TO PAY COSTS OF AN ALTERNATIVE CAPITAL PROJECT, AS
AUTHORIZED BY CHAPTER 44, SECTION 20 OF THE GENERAL LAWS.

Ordered,       that in accordance with Chapter 44, Section 20 of the General Laws, the
sum of $7,378.00 representing a portion of the unexpended funds of the $31.000.00
borrowed under the Fiscal Year 2007 Capital Improvement Plan for the purpose of
making equipment purchase for Fire Department Bunker Gear-Account 55307013, but
which is no longer needed to complete that project, is hereby abandoned/discontinued
and funds in the amount of $7,378 appropriated to provide a grant match to purchase
specialized equipment to wash and/or dry bunker gear.


AN ORDER TO ABANDON/DISCONTINUE THE PROJECT AND
APPROPRIATING THE PROCEEDS OF A BORROWING THAT ARE NO LONGER
NEEDED TO COMPLETE THE PROJECT FOR WHICH THEY WERE
ORIGINALLY BORROWED, TO PAY COSTS OF AN ALTERNATIVE CAPITAL
PROJECT, AS AUTHORIZED BY CHAPTER 44, SECTION 20 OF THE GENERAL
LAWS.

Ordered,       that in accordance with Chapter 44, Section 20 of the General Laws, the
sum of $23,622.00 representing a portion of the unexpended funds of the $31,000.00
borrowed under the Fiscal Year 2007 Capital Improvement Plan for the purchase of
making equipment purchase for Fire Department Bunker Gear-Account 55307013, but
which is no longer needed to complete that project, is hereby abandoned and funds in the
amount of $23,622 transferred to the FY‟08 Fire Station Window and Cooling Project
Account 55308010.


AN ORDER TRANSFERRING PROCEEDS OF A BORROWING THAT ARE NO
LONGER NEEDED TO COMPLETE THE PROJECT FOR WHICH THEY WERE
ORIGINALLY BORROWED, TO PAY COSTS OF AN ALTERNATIVE CAPITAL
PROJECT, AS AUTHORIZED BY CHAPTER 44, SECTION 20 OF THE GENERAL
LAWS.

Ordered,        that in accordance with Chapter 44, Section 20 of the General Laws. The
sum of $27,088.25 representing the unexpended portion of the $112,222.00 borrowed
under the Fiscal Year 2009 Capital Improvement Plan for the purpose of Senior Center
Masonry Project-Account 55309011, but which is no longer needed to complete the
project, is hereby transferred to pay for an equipment purchase for the FY‟08 Fire Station
Window and Cooling Project-Account 55308010.
AN ORDER TO ABANDON/DISCONTINUE THE PROJECT AND
APPROPRIATING THE PROCEEDS OF A BORROWING THAT ARE NO LONGER
NEEDED TO COMPLETE THE PROJECT FOR WHICH THEY WERE
ORIGINALLY BORROWED, TO PAY COSTS OF AN ALTERNATIVE CAPITAL
PROJECT. AS AUTHORIZED BY CHAPTER 44, SECTION 20 OF THE GENERAL
LAWS.

Ordered,       that in accordance with Chapter 44, Section 20 of the General Laws, the
sum of $144,000.00 representing the unexpended portion of the $150,000.00 borrowed
under the Fiscal Year 2007 Capital Improvement Plan for the purpose of making water
system improvements on Master Meter Project-New England Produce Center-Account
55307007, but which is no longer needed to complete that project, is hereby
abandoned/discontinued and funds appropriated in the amount of $62,352.14 to pay costs
of Lead Service Water Line Replacements throughout the City.



The following Resolution was introduced by Councilors Bishop, Bongiovanni, Cortell
and Vega-Torres. A motion from Councillor Bongiovanni to adopt by roll call passed 11-
0-0-0. Voting yes were Councilors Robinson, Hatleberg, Cortell, Pellegrino, MeKonnen,
Barton, Brown, Bishop, Vega-Torres, Bongiovanni, and Maronski.


                                      Resolution

Whereas,      One of the Chelsea City Council’s most important duties is to ensure that the
              City budget is balanced while it meets the needs of the residents of Chelsea;
              and


Whereas,      The present and next fiscal years have been and will continue to be
              challenging due to the recession, less economic development and cuts in state
              aid; and


Whereas,      The City Manager requested that each city department reduce its budget to
              demonstrate a cumulative savings for the city; and


Whereas,      The Chelsea City Council heard from numerous city employees and residents
              about concerns in meeting the goals of City with reduced budgets: and


Whereas,      The Chelsea City Council does not have the authority to add funding into the
              budget, it only has the ability to cut the budget; and
Whereas,      The City Council is cognizant of serious community concerns with regard to
              public safety and quality of life; now therefore be it,


Resolved,     That the Chelsea City Council requests that the City Manager meet with the
              Chelsea City Council on a quarterly basis for the coming fiscal year to inform
              and update the council on the City’s ability to meet its commitments and
              obligations to the community of Chelsea with the reduced budget; and

Resolved,     That the City Manager inform the Council at these quarterly meetings of the
              status of overtime funds expended for the Police, Fire and Emergency
              Management Departments; and

Resolved,     That the City Manager meet with, inform and seek the input of the City
              Council before any fire apparatus is taken out of service and/or a fire station
              closed.



The following Resolution Ordinance was introduced by Councillor MeKonnen. Councillor
MeKonnen moved the Ordinance to a second reading. Councillor Hatleberg amended the
motion to referr it to the Sub-Committee on Conference under suspension.

WHEREAS,       the elevated demand for emergency services provided by the Chelsea Fire
               Department requires significant deployment of personnel, supplies and
               equipment;

WHEREAS,       the Chelsea Fire Department has investigated and utilized various
               methods to maintain a high level of quality services in order to respond
               adequately to the elevated demand;

WHEREAS,       the City Council has determined that the sole use of real estate taxes is
               not a fair and equitable manner to fund those fire services, especially
               when insurance coverage exists to offset the cost of providing those
               services to parties in need of emergency response;

WHEREAS,       the City Council has determined that the collection of mitigation costs
               from insurance companies for the delivery of emergency services from
               the Chelsea Fire Department is an justifiable and effective way to
               partially offset the costs of said services and to ensure that the City is
               more likely to be able to maintain a high level of service that can be
               deployed in the future to protect the public welfare and safety of the
               city‟s residents, businesses and visitors;

BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CHELSEA, AS FOLLOWS:
     AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 7 OF THE
     CHELSEA CODE OF ORDINANCES REGULATING PUBLIC SAFETY


That the Code of the City of Chelsea is hereby further amended by inserting a new
section entitled:

Section 7-62 MITIGATION RATES FOR THE DEPLOYMENT OF
EMERGENCY SERVICES


A. Purpose.

        The purpose of this ordinance is to ensure the continuance and effectiveness of
emergency services for all city‟s residents, businesses and visitors. This ordinance will
allow the City to continue to maintain a high quality of public safety be partially
recovering the cost of services rendered through the process of filing and collecting on
insurance claims.

B. Mitigation Rates.

       1. The City Manager and/or his/her designee shall establish mitigation rates for
          the delivery of emergency services by the Chelsea Fire Department to the
          scene of marine incidents, motor vehicle incidents, fire investigations and
          structural fires, both residential and commercial.

       2. The mitigation rates shall be based on the standard operating procedures of the
          Chelsea Fire Department and the actual costs of the services rendered, which
          include the cost of personnel, supplies and equipment. For the purpose of
          calculating the mitigation rate, any portion of an hour shall be charged a full
          hourly rate.

       3. All mitigation rates shall be billed to and collected from the insurer or the
          responsible party or owner of the property of the incident(s). The City
          Manager may waive the billing and collection requirements established within
          for incidents in which no party is determined to be at fault, no insurance
          coverage exists to pay the claim or for any other reason s/he deems
          reasonable.

       4. An annual report of mitigation rates assessed and collected shall be filed with
          the Council by each February 28th for the proceeding year. The annual report
          shall include a compilation of waivers for the previous calendar year, with the
          compilation including the incident, amount of reimbursement requested,
          amount of reimbursement waived and reason for the waiver.
C. Severability.

        If any provision(s) of this ordinance or the application of such provision(s) to any
person or circumstance shall be held invalid, the validity of the remainder of this
ordinance and the applicability of such provision to other persons or circumstances shall
not be affected thereby.

D. Effective Date.

       This Section shall be effective sixty (60) days from the date of adoption of this
ordinance.


                                     RESOLUTION
The following Ordinance proposal was introduced by Councillor Robinson. A motion
from Councillor Hatleberg moved the Ordinance to a second reading under suspension.
WHEREAS, the City Council has enacted several local ordinances regulating
              sanitation, housing, and snow and ice removal for property owners and
              residents in Chelsea;

WHEREAS, a violation of such ordinances calls for the issuance of citations pursuant
         to Section 1-7 of the Chelsea Code of Ordinances and several citations and
         fines remain unpaid despite collection efforts;

WHEREAS, on February 10, 2010, the Commonwealth enacted Mass. General Laws
         c.40U, a local option statute expanding a municipality‟s ability to collect
         unpaid 21d citations;

NOW THEREFORE BE IT ORDAINED:

               That Chapter 40U of the Massachusetts General Laws, enacted as Chapter
               26 of the Acts of 2010, An Act Relative to Unpaid Municipal Fines, be
               accepted.

NOW THEREFORE BE IT FURTHER ORDAINED:

               The City Manager and/or his designee adopt procedures pursuant to M. G.
               L. c. 40 and that Cheryl Anne Watson is appointed the Municipal Hearing
               Officer pursuant to Massachusetts General Laws c. 40U Section 6.

BE IT FURTHER ORDAINED:

               That the sections of the Chelsea Code of Ordinances regarding sanitation,
               housing and snow and ice be issued Green Tickets pursuant to Mass.
               General Laws c. 40U including but not limited to the following:
Section 2-8                          Graffiti
Section 2-10                         Posting Bills
Section 2-22                         Shopping Carts
Section 4-4                          Sanitary Code
Section 4-5                          Sanitation Standards for Food Establishments
Section 4-13                         Certificate of Habitability
Section 4-15                         Single Room Occupancy/Rooming Houses
Sections 4-100 through 157           Solid Waste
Sections 4-185 through 201           Dumpsters
Section 6-124                        Snow and Ice Removal



The following Ordinance was introduced by Councillor Robinson. A motion from
Councillor Hatleberg referred it to a second reading under suspension.
                                        RESOLUTION

WHEREAS, on February 10, 2010, the Commonwealth enacted Mass. General Laws
         c.40U, a local option statute expanding a municipalities ability to collect
         unpaid 21d citations;

WHEREAS, the current City Ordinance 6-124 does not fully comply with the M.G.L. c.
         40U and the Administration has recommended changes for full
         compliance;

WHEREAS, the Chelsea City Council has the authority to adopt ordinances to protect
         the health, safety and welfare of all residents of the City of Chelsea:


NOW THEREFORE, BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CHELSEA, AS FOLLOWS:

       AN ORDINANCE AMENDING ARTICLE IV OF THE CHELSEA CODE
       OF ORDINANCES REGULATING STREETS AND SIDEWALKS


        That the Code of the City of Chelsea is hereby further amended and adopted by
replacing the entire Section 6-124 of Chapter 6 – Public Works with the following:

Sec. 6-124.   Snow and Ice Removal.

(a) Sidewalks and footways. The owner, his agent or the person having charge of any
building or lot of land bordering on any highway, street, land, court, square or public
place within the City, where there is any footway or sidewalk duly established, shall
cause all snow, and/or ice, to be removed from such footway or sidewalk in front of such
premises within twenty-four (24) hours of the time it ceased to fall and/or form. Such
removal of snow, and/or ice, shall be conducted in a manner that clears the full paved
path or a path the minimum of thirty-six (36) inches wide.

(b) Roofs. The owner, his agent or the person having charge of any building adjoining
any highway, street, lane, court, alley, square or public place within the city, where the
roof of such building slopes towards such highway, street, lane, court, alley, square or
public place, shall cause all the snow and ice to be removed from such roof within
twenty-four (24) hours after the same has fallen or formed.

(c) Failure to remove. Failure to remove snow and/or ice as prescribed by the
provisions of this ordinance shall result in civil fines issued to the property owner in the
amount of $50 for the first offense, $125 for the second offense, and not more than $200
for the third offense. Such amount on fines unpaid and uncontested in accordance with
M.G.L. Chapter 40U and any costs relative thereto may result in a lien upon such real
estate as provided in section 12 of said chapter 40U. Each day that a violation exists shall
be considered a separate and distinct violation. If any person, who is subject to the
provisions of this ordinance, shall neglect or fail to comply with the provisions of this
section, then the municipal inspectors, and/or the police officers of the City shall make
reasonable attempts to notify such person(s) of his neglect or failure, and, if the person(s)
does not comply forthwith, the snow and/or ice may be removed at the expense of such
owner, and such expense liened to the owner‟s tax bill, as a municipal charge in
accordance with the provisions of chapter 40, section 58 of the General Laws.
Statutory reference: Mass.Gen.L. c. 40, § 21D. Mass. Gen. L c.40U §§ 5, 12-18


A moment of silence was conducted by Chairman Robinson for the passing of Lester
Whalen and Leo Mahoney.

The meeting adjourned at 8:45 P.M.


Respectfully submitted


Paul G. Casino
Clerk of the Chelsea City Council

				
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