Title
Order: That the City Council adopt rules for 2015
body
Ordered: That the following rules be adopted to 2015:
RULES AND ORDERS
MALDEN CITY COUNCIL
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I. GENERAL
1.00 SCHEDULE OF COUNCIL/COMMITTEE MEETINGS
1.01 With the exception of the months of July and August, regular meetings of the City Council shall be held on the first and third Tuesday of each month at 7 p.m., except when said Tuesday falls on a holiday, and at such other times as the majority of the Council may agree. City Council Committee meetings shall be held on the second and fourth Tuesday of each month, except when said Tuesday falls on a holiday and at such other times as the majority of the Council may agree.
1.02 The City Council as a Committee of the Whole shall meet on any fifth Tuesday of a month, with such persons or on such topics as the City Council deems appropriate, unless the Council has determined in accordance with Subsection 1.01 that said Tuesday should be reserved for a regular meeting of the City Council.
1.03 At the call of the President, meetings of the City Council may be held during July and/or August. The schedule of regular meetings or committee meetings, referred to in Rule 1.01, may be modified, upon 7 days’ notice.
1.04 A roll call shall be taken at the beginning of each regular Council meeting. A roll call of the Committee of the Whole shall be taken at 7 p.m. on committee meeting nights and at each Committee meeting.
2.00 QUORUM
2.01 A majority of the members of the City Council shall constitute a quorum for the transaction of business.
3.00 ORDER OF BUSINESS
3.01 At every regular meeting of the Council, the order of business shall be as follows:
1. Call to Order;
2. Salute the Flag and moment of silence for the nation’s veterans;
3. Roll Call
4. Special guests, citizen achievement, and announcements;
5. Approval of minutes;
6. Appointments and elections;
7. Hearings, petitions, remonstrances and memorials;
9. Motions, orders and resolutions;
10. Communications and reports from City Officers;
11. Claim Notices;
12. Reports of Committees;
13. Tabled papers.
14. Personal Privilege
3.02 The above order shall not be departed from except by vote of the majority of the members present; and all questions relating thereto shall be decided without debate.
4.00 MEETING RECORDS
4.01 The City Clerk, or in his/her absence, the Assistant City Clerk, shall attend and keep the records of all meetings of the Council, shall record the names of the members present, and shall have care and custody of all documents, maps, plans and papers submitted to the Council as a matter of record during a Council meeting.
4.02 Each Member shall be provided with a copy of the minutes of the Council forty-eight hours in advance of any vote regarding those minutes. Upon approval, minutes of each Council meeting shall be posted on the city’s website.
5.00 NON-MEMBER'S RIGHT TO FLOOR
5.01 No person except the Mayor shall be given the floor on any matter except by majority consent.
5.02 At any time during a meeting, the Mayor may be recognized by the presiding officer and address the Council on the matter presently under debate.
6.00 NOTICES TO DEPARTMENT HEADS
6.01 No person who is the head of a Commission, Department or any other city agency shall be required to address, explain or defend any activity of the respective commission, department or agency before the City Council except upon one week’s written notice.
6.02 If a person who is the head of a Commission, Department or any other agency of the City government requests to appear before the City Council to address, explain or defend any activity of the Commission, department or agency, one week written notice must be given to the City Council.
6.03 Notice shall contain all matters in which the Council may require information, but, subject to the rule of the Chair, shall not prevent any member from requesting information on any other department matter. If request is made for information not contained in such notice, the department executive shall be given sufficient time, as defined by the Chair, to prepare his/her response.
6.04 This rule shall not apply to the Solicitor, the Controller or the Treasurer.
7.00 EFFECT OF FAILURE TO ACT ON MATTERS BEFORE COUNCIL
7.01 Petitions for an initial license or permit, if not finally acted upon by the date on which the license or permit applied for would expire, shall be placed on file.
7.02 A petitioner seeking to renew an existing license may continue to operate, pending final determination of any renewal application by the City Council, but only on condition that application for renewal of said license has been made. Failure to timely apply for license or permit renewal shall subject terminate any rights granted under the license or permit.
7.03 If the license or permit for which petition has been made has no expiration date, the petition shall remain active until final action has been taken by the Council.
7.04 Claims, if not finally acted upon within three years of the date of the incident from which the claim arises, shall be placed on file.
7.05 All other papers not finally acted upon at the end of a biennial session shall be placed on file, unless the Council votes within 30 days of the beginning of the next biennial session to hold over said bill, order, petition, resolve, memorial or remonstrance; provided that no matter shall be carried over for more than one biennial session.
8.00 ROBERT’S RULES APPLY
8.01 Robert's Rules of Order shall be the authority on all questions of debate or parliamentary procedure, whenever the same do not conflict with the rules set forth by the City Council.
9.00 DECORUM DURING MEETINGS OF THE COUNCIL
9.01 Unless prescribed by religious duty, spectators or visitors shall wear no head covering while in the Council Chamber
9.02 Participants and spectators shall disable the audible signal on any electronic communication device and shall not use any said device to the distraction of others in attendance when any meeting of the Council is in progress.
II. PRESIDING OFFICER
10.00 DESIGNATION OF PRESIDING OFFICER
10.01 Meetings of the City Council shall be presided over by a President, who shall be chosen annually from among its members.
10.02 In the absence of the President, the senior member present shall preside. Senior member shall mean the member with the most years of service to his/her credit as a member of any prior or present Malden City Council.
10.03 In the event of a vacancy in the office of President, the senior member, as defined in 10.01, shall preside until a President is chosen by ballot.
10.04 Any member called upon to preside over a City Council meeting under the provisions of Rule 10.02, 10.03 or 15.00 shall assume all the powers and duties of the President.
11.00 PRESIDENT TO CALL MEETING TO ORDER
11.01 The President shall take the chair at the hour fixed and, a quorum being present, shall proceed to business.
12.00 PRESIDENT TO ENFORCE RULES AND PRESERVE ORDER
12.01 The President or the presiding officer thereof shall enforce the Rules and Orders of the City Council by any means necessary and proper.
12.02 The President shall preserve order and decorum, may speak to points of order in preference to other members, and shall decide all questions of order.
13.00 PRESIDENT TO DECIDE WHICH MEMBER IS ENTITLED TO THE FLOOR
13.01 When two or more members request the floor at the same time, the President shall determine who is entitled to speak.
14.00 PRESIDENT TO DECIDE QUESTIONS AND DECLARE VOTES
14.01 The President shall decide all questions of order, but any member may appeal the President's ruling to the full Council, under the provisions of Rule 20.
14.02 The President may vote on all questions under appeal.
14.03 The President shall declare all votes of the City Council; provided that, if a member doubts the vote as declared by the President, he/she may request that a roll call be taken.
15.00 PRESIDENT TO VACATE CHAIR TO ENGAGE IN DEBATE
15.01 The President may state facts and give an opinion on questions of order without leaving the Chair.
15.02 The President may express an opinion on any matter under debate, but in such cases, shall call upon another member to preside and shall leave the Chair.
15.03 The President shall not resume the chair while a question on which he/she has spoken is pending, provided that the question under debate is decided before adjournment.
III. RIGHTS AND DUTIES OF MEMBERS
17.00 MEMBERS TO OBSERVE RULES OF DECORUM
17.01 When speaking, members shall address the chair and shall confine comments to the question under debate.
17.02 No member shall mention another member in debate except by his/her title or surname.
17.03 No member shall speak or vote out of order without the consent of the presiding officer.
17.04 No member shall interrupt another, except by a call to order, for the correction of a mistake, or for explanation.
17.05 Members shall not converse among themselves while a question is being stated, while a member is speaking or while a paper is being read.
17.06 When a member is called to order, he/she shall immediately come to order unless permitted to explain. If, on a call to order, the full Council is appealed to, the question shall be decided without debate; and if the decision is against the member, he/she shall not be permitted to speak.
18.00 MEMBERS TO VOTE, UNLESS EXCUSED
18.01 Except when excluded by interest, every member, including the President, shall vote on all questions. A request to be excused from voting must be made before the calling of the roll begins, and shall be decided without debate.
18.02 No member shall vote on any question or serve on any committee where his/her private right or interest is immediately concerned.
19.00 MEMBERS TO REMAIN AT MEETINGS UNTIL ADJOURNMENT
19.01 No member shall leave a meeting without permission of the President and his/her presence shall cause his/her name to be added to the roll for purposes of constituting a quorum.
20.00 MEMBERS MAY APPEAL PRESIDENT'S RULINGS
20.01 Any member may appeal any ruling of the President to the full Council, provided that a motion for appeal will be in order only if it is seconded by another member.
20.02 When an appeal is pending, no other business shall be in order until the appeal is decided.
21.00 MEMBERS MAY REQUEST PERSONAL PRIVILEGE
21.00 At the conclusion of regular business, the President shall afford any member so requesting the floor on any matter of personal privilege.
IV. INTRODUCTION OF ARTICLES TO THE CITY COUNCIL, MAKING OF MOTIONS, DEBATE, DECIDING QUESTIONS
A. FORM AND MANNER FOR INTRODUCTION OF ARTICLES TO COUNCIL
22.00 FORM OF ORDINANCES
22.01 The enacting style of all ordinances shall be as follows: "Be it ordained by the City Council of the City of Malden as follows... ".
23.00 FORM OF ORDERS AND RESOLVES
23.01 Any action which the Council may command shall be an termed an order and shall be expressed in the following form: "Ordered: That...".
23.02 Any matter in which the Council wishes to express an opinion or principal or to state a fact shall be termed a resolve and shall be expressed in the following for: "Resolved: That it is the sense of the City Council that...".
24.00 FORM OF PETITIONS
24.01 Any request to the City Council for a license or permit shall be termed a petition and shall be submitted on a form provided by the City Clerk.
24.02 Petitions shall be submitted to the City Clerk with a fee as determined by the City Council. Said fee shall be deemed an application fee and shall be non-refundable in the event that the license or permit is denied.
25.00 ARTICLES TO BE SIGNED, IN WRITING, AND READ BY CLERK
25.01 All matters, except petitions for licenses or permits, coming before the Council must be in writing and signed by the member presenting them.
25.02 All petitions for licenses or permits coming before the Council must be in writing and signed by the petitioner.
25.03 All items introduced to the Council shall be read into the record by the Clerk.
26.00 OBJECTIONS TO THE INTRODUCTION OF ARTICLES
26.01 When a member objects to the reading of a paper, the majority of the members present and voting shall decide whether or not the paper will be read.
27.00 MANNER IN WHICH ARTICLES ARE PLACED ON COUNCIL DOCKET
27.01 All articles to be introduced at a City Council meeting shall be submitted to the City Clerk on or before 2 hours prior to the close of business on the Friday preceding the meeting.
27.02 On the Friday preceding each Council meeting, the City Clerk shall prepare and distribute a docket, containing a listing of all articles of new business to be brought before the Council, all matters laid on the table, all enrolled ordinances, and any matters to be reconsidered.
To the extent practicable, the docket shall also contain a listing of Mayor's appointments and committee reports to be brought before the Council, provided that the introduction of additional appointments or committee reports may be made without suspension of this rule.
Dockets for regular and committee meetings shall be posted on the city’s website by the close of business on Friday preceding the meeting.
28.00 LIMITATIONS ON PLACING ARTICLES ON COUNCIL DOCKET
28.01 When a measure has been rejected by the Council, no item containing substantially the same subject matter shall be introduced within the next six months; provided that no application for permit to store gasoline in tanks of cars in garages shall come before the City Council for a period of one year after its denial.
B. DEBATE
29.00 LIMITATIONS ON A MEMBER'S RIGHT TO SPEAK
29.01 No member shall speak more than once on the same question until all members choosing to speak have spoken.
29.02 No member shall speak more than three times to the same question on the same day except by majority consent.
30.00 LIMITATIONS ON DEBATE
30.01 The following motions shall be decided without debate:
to adjourn;
to table
to take from the table.
30.02 Debate on the following motions shall be limited as hereinafter proscribed:
1. on a motion to adjourn to a date certain, debate shall be allowed only on the date to which adjournment shall be made;
2. on a motion for the previous question, debate shall be limited to five minutes, with no member permitted to speak for more than two minutes. Members shall confine their comments to reasons why the main question should not be put.
30.03 In all other instances, debate may be limited only by adoption of a motion for the previous question.
The President shall put a motion for the previous question in the following form: "Shall the main question now be put?" and all debate on the main question and pending amendments shall be suspended until that question is decided.
Motions for the previous question shall be limited as proscribed in Rule 33.02. All incidental questions of order arising after a motion is made for the previous question shall be decided without debate, except an appeal.
After the adoption of the previous question, votes shall be taken, without debate, upon pending amendments in their regular order, and then upon the main question.
C. MOTIONS
31.00 MOTIONS MAY BE REQUESTED IN WRITING
31.01 At the request of the President, any motion shall be reduced to writing by the member making said motion.
32.00 DISPOSAL OF MOTIONS
32.01 After a motion is stated or read, it shall be disposed of by vote, except as provided in Rule 35.021.
32.02 The sponsor of any motion may withdraw it, by majority consent, at any time before a decision or amendment.
33.00 ORDER IN WHICH MOTIONS ARE CONSIDERED
33.01 Except as set forth below, the President shall propound all questions in the order in which they are moved.
33.02 A privileged motion shall be considered before any regular motions. Privileged motions shall be considered in the order set forth in Rule 33.
33.03 When setting amounts, the smallest figure shall be put first.
33.04 When fixing times, the latest date shall be put first.
33.05 When referring to committee, a motion to refer to a standing committee shall be considered before a motion to refer to a special committee.
34.00 MOTIONS IN ORDER DURING DEBATE
34.01 When a question is under debate, only the following subsidiary and incidental motions shall be in order:
to adjourn;
to table until a date certain;
to table indefinitely;
to order the previous question;
to refer to committee;
to amend; or
to recess.
34.02 These motions shall have precedence on the order in which they are arranged.
35.00 MOTIONS MAY BE DIVIDED
35.01 A motion containing two or more propositions capable of division shall be divided whenever a majority of the members present and voting so request.
36.00 MOTIONS FOR RECONSIDERATION
36.01 After a vote has been taken, any member of the majority may move reconsideration, provided that no motion to reconsider shall be made until after adjournment of the meeting in which the vote to be reconsidered was taken.
36.02 A member who wishes to move reconsideration shall, within 24 hours of adjournment of the meeting, notify the City Clerk of his/her intention to move for reconsideration at the next regular meeting. Upon receipt of such notice, the City Clerk shall retain possession of the papers until such meeting.
37.00 LIMITATIONS ON MOTIONS FOR RECONSIDERATION
37.01 No motion shall be reconsidered twice.
37.02 No vote on the following motions shall be reconsidered:
to adjourn;
to lay on the table;
to take from the table;
the previous question, and;
to reconsider.
D. DECIDING QUESTIONS
1. IN GENERAL
38.00 ARTICLES PRESENTED TO PRESIDENT FOR SIGNATURE
38.01 Every article voted in the affirmative by the City Council shall be presented to the President for his/her signature without necessary delay.
2. APPOINTMENTS
39.00 APPOINTMENTS SUBJECT TO CONFIRMATION AND ELECTIONS BY THE CITY COUNCIL
39.01 APPOINTMENTS AND ELECTIONS GENERALLY
Except as provided in Rule 39.02, The Appointments Committee shall interview and make recommendation to the City Council on appointments or re-appointments to a city office, board or commission.
Any committee recommendation relative to appointment shall not be binding upon the Council.
Any person who is nominated for election or appointment to office at a properly called meeting shall be elected or confirmed if he/she receives the vote of a majority of the members.
39.02 ELECTION BY THE CITY COUNCIL
No less than 30 days prior to the expiration of the term of an appointment by the City Council, the City Clerk shall solicit in writing a statement from the appointee as to whether or not he or she will seek reappointment.
Upon notification that an incumbent officer is seeking reappointment, the Appointments Committee shall meet with the officer for purposes of discussing departmental operations, accomplishments and goals and shall make a recommendation to the full City Council. This rule may be waived with respect to reappointment of full time city officers by majority vote of the City Council.
Upon notification that a vacancy does or will exist in any office appointed by the City Council, the Council shall solicit applicants in such manner as it deems appropriate. The Council may, by two thirds vote, appoint a Special Committee to fill a specific vacancy. The Council shall prepare a description of the duties of the vacant office, the necessary qualifications, and the application process and shall establish a deadline for applications; provided that these duties may be referred to the Appointments Committee or Special Committee, where applicable, by vote of a majority of the members present and voting.
At the expiration of the application period, applications shall be referred to the Appointments Committee or Special Committee, where applicable, for review, and a copy of each application shall be provided to each Councillor.
The Committee charged with filling a vacancy may establish a period during which Councillors may make recommendation for interview of applicants. Upon expiration of any time established recommendation, the committee, where applicable shall interview those applicants who were most frequently recommended by Council members or, in the absence of recommendations, those applicants who Committee members deem best qualified. The Committee shall make a recommendation for appointment to the City Council.
Upon receipt of the Appointments Committee or Special Committee recommendation, the Council shall open nominations for the position, and members may nominate any applicant to fulfill the duties of the office.
39.03 APPOINTMENTS REQUIRING CONFIRMATION
Initial appointments and reappointments by the Mayor which are subject to confirmation shall be referred to the Appointments Committee for review and recommendation to the full Council. The Appointments Committee may, as part of its review, request that the Mayor provide background information on any initial appointment and shall meet with all nominees prior to recommendation.
In the case of reappointments, the Appointments Committee shall, prior to recommendation, meet with the officer for purposes of discussing departmental operations, accomplishments and goals.
The Council may, by majority vote, waive referral of an reappointment to the Appointments Committee and proceed immediately to confirmation.
3. ORDINANCES
40.00 STAGES FOR PASSING ORDINANCES
40.01 The City Solicitor shall, at the request of the Ordinance Committee, provide an opinion as to form and legality prior to an ordinance being passed to be enrolled.
40.02 All ordinances shall pass though the following stages: first reading; passed to be enrolled; passed to be ordained.
40.03 The City Clerk shall engross all ordinances before they are passed to be ordained. No engrossed ordinances shall be amended.
40.04 An ordinance shall not be passed in all its stages in one day except by a three-fourths vote of the City Council.
4. FINANCIAL ORDERS
41.00 LIMITATION ON AUTHORIZATION OF EXPENDITURES
41.01 Except as provided by statute, after the annual budget has been adopted, no additional expenditures shall be authorized, unless provisions for the same shall be made in one of the following manners:
1. by specific transfer of an appropriation contained in the budget,
2. by supplemental appropriation,
3. from any funds in the City Treasury not otherwise appropriated or
4. by expressly creating debt.
41.02 In the last two cases, the order shall not be passed unless two-thirds of the whole of the City Council shall vote in the affirmative by roll call vote.
42.00 FINANCIAL ORDERS TO BE REVIEWED BY FINANCE COMMITTEE
42.01 All orders for appropriation to be made by transfer or loan shall not be acted upon until the matter has been referred to and reported upon by the Finance Committee.
42.02 No less than 14 days prior to adoption of the annual budget, the City Council shall hold a public hearing on proposed expenditures to provide residents with an opportunity to express objections to or support for specific expenditures or programs, or to propose new initiatives. The time and place of the hearing shall be determined by the Finance Committee Chairman. Notice of said hearing shall be publicized as determined by the Finance Committee Chairman and shall include information relative to the availability of the budget proposal for public inspection.
43.00 TWO READINGS OR ORDERS AND RESOLUTIONS AUTHORIZING TAX
43.01 All orders authorizing the levying of a tax or an expenditure of money shall have two readings before being finally passed.
43.02 No order authorizing a loan shall have more than one reading on the same day.
IV. COMMITTEES
A. IN GENERAL
44.00 APPOINTMENT OF COMMITTEES
44.01 The President shall annually, as soon after the organization of the Council as may be convenient, appoint members to the Standing Committees of the City Council, as listed below in Rule 46.01.
44.02 The President shall be an ex-officio member of all committees. When present, his/her name may be added to the committee roll for the purpose of constituting a quorum. If the President is added to the committee roll, he/she may vote upon matters before the committee. In any other case, the President shall vote only on committees to which he/she is regularly appointed.
45.00 APPOINTMENT OF CHAIRMEN
The first named member of each committee shall be the committee's chairman, and the second named member shall be its vice-chairman.
46.00 STANDING COMMITTEES
46.01 Standing Committees shall be constituted as follows:
CITIZEN ENGAGEMENT COMMITTEE: FIVE MEMBERS. The Citizen Engagement Committee shall be responsible for increasing communication with the community, engaging citizens in city government and promoting civic initiatives.
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DOWNTOWN COMMITTEE: FIVE MEMBERS. The Downtown Committee shall have jurisdiction over all issues pertaining to the downtown area, including the relocation of City Hall.
FINANCE COMMITTEE: SIX MEMBERS. The Finance Committee shall have jurisdiction over all matters pertaining to municipal finance, including accounts, bonds, claims, and salaries. The Finance Committee shall also make recommendations relative to allocation of Community Development Block Grant Funds and settlement of small claims against the city.
LICENSE COMMITTEE: FIVE MEMBERS The License Committee shall have jurisdiction over all petitions for licenses granted by the City Council.
PUBLIC PROPERTY COMMITTEE: FIVE MEMBERS. The Public Property Committee shall have jurisdiction over the care, use and maintenance of all municipal buildings and all property obtained through foreclosure of tax titles.
PUBLIC SAFETY COMMITTEE: FIVE MEMBERS. The Public Safety Committee shall have jurisdiction over all matter relating to the Police Department, Fire Department and Emergency Management.
PUBLIC WORKS COMMITTEE: FIVE MEMBERS. The Public Works Committee shall also have jurisdiction over all matters related to streets, sidewalks, water, sewer, parks and playgrounds.
RULES AND ORDINANCE COMMITTEE: FIVE MEMBERS. The Rules and Ordinance Committee shall have jurisdiction on all proposed changes to the Council rules, city ordinances and petitions to the state for home rule legislation; provided that, in accordance with state law, the Ordinance Committee shall not make a recommendation on a proposed amendment to the Zoning Ordinance before having received a written recommendation from the Planning Board, or until 21 days have expired from the close of the required public hearing and no recommendation has been received
COMPLIANCE/APPOINTMENTS COMMITTEE: The Compliance/Appointments Committee shall have jurisdiction over the activities of the Compliance Bureau, shall recommend candidates to fill vacancies to all city offices, including Mayoral appointments to be confirmed by the City Council and positions over which the City Council has appointing authority, except where a Special Committee has been appointed to fill a specific vacancy.
47.00 SPECIAL COMMITTEES
47.01 Unless otherwise provided by law or Council Order, all special committees shall be appointed by the President and the sponsor of an order or resolve creating a special committee shall be the first named to that Committee; provided that the Councillor so named may refuse appointment to the Committee and the President may name another member in his/her place.
47.02 Unless otherwise provided by ordinance or charter, the Council President shall designate members to serve on any Special Committee established by any city official or city department on which Council representation is requested. No member shall serve on any such committee without having been designated by the President.
48.00 RECORDS OF COMMITTEE MEETINGS
48.01 The Clerk of Committees shall attend all Committee meetings, call the roll, keep minutes and prepare committee reports.
48.02 If more than one Committee meeting is scheduled for the same hour, the City Clerk shall act as Clerk to one of the Committees.
48.03 If the Clerk of Committees or the City Clerk cannot attend a Committee meeting, the Chairman shall appoint a member of the respective Committee to keep minutes and prepare committee reports.
49.00 CLERK OF COMMITTEES TO KEEP LIST OF ITEMS IN COMMITTEE
49.01 The Clerk of Committees shall keep an alphabetical list of Committees, noting all papers referred to that committee. Said list shall contain the paper number, title and date referred to committee. Items shall be removed from the list when returned to the City Council with a report thereon.
50.00 COMMITTEE REPORTS TO REPRESENT VIEWS OF THE MAJORITY
50.01 Any committee report forwarded to the full Council shall have been agreed to in committee by a majority of the members present and voting.
51.00 MEMBERS MAY SUBMIT MINORITY REPORTS
51.01 The names of members dissenting from a committee vote shall be printed on the docket followed by the word “dissenting”.
51. 02 Any member of the minority may submit a minority report to the Council President during the same meeting in which the majority report is received.
51.03 The President shall, upon receipt of a minority report, have the same read into the record immediately following the reading of the majority report.
B. SCHEDULING OF MEETINGS
52.00 SCHEDULING OF COMMITTEE MEETINGS
52.01 Committee meetings shall be scheduled no earlier than 5:30 p.m. and no later than 9:00 p.m. on designated Committee nights and no later than 5:30 p.m. on a Council meeting night. In the case of an emergency meeting, a Committee Chairman or in his absence, Vice-Chairman, may call a meeting on any night other than Tuesday night, provided that proper notice is given.
52.02 In the absence of the chairman and vice chairman, remaining members, in the order they were named to the committee, may call meetings and act as chairman.
53.00 CHAIRMAN TO PROVIDE THREE DAYS NOTICE OF MEETINGS
53.01 Unless the matters to be discussed are declared by the Chairman to be emergency in nature, members shall receive notice of committee meetings three days in advance of the meeting.
53.02 Each committee shall, in all cases of original reference on a request for legislation, insure that the sponsors so requesting have proper notice of hearings and ample opportunity to be heard before final action is taken.
V. SUSPENSION OR AMENDMENT OF RULES
54.00 FORCE AND EFFECT OF RULES; AMENDMENT, SUSPENSION
54.01 These rules shall remain in force and effect until amended or repealed by two-thirds of the City Council; provided that a motion to amend or repeal shall not be made and finally acted upon at the same meeting.
54.02 These rules may be suspended whenever two-thirds of those present and voting shall so vote.
RULES OF THE MALDEN CITY COUNCIL FOR THE ISSUANCE OF SPECIAL
PERMITS AS REQUIRED BY CHAPTER 40A SECTION 9 OF MASS. GENERAL LAWS
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1.00 CITY COUNCIL AS GRANTING AUTHORITY
The Malden City Council acts as Special Permit granting authority in accordance with the powers invested in them by the Malden Zoning Ordinance and Massachusetts General Laws Chapter 40A.
2.00 HEARINGS
All special permit applications requiring Council approval shall be heard by the Committee of the Whole on a date set by the Council President.
3.00 FORMS
Forms for petitioning for a hearing are available at the Malden Government Center and such other locations as may be designated by the Building Inspector. The forms are self-explanatory and must be filled out completely.
4.00 PETITION SUBMITTED
The petition shall be submitted to the City Clerk, along with a list certified by the Assessors of all names and addresses of the parties in interest, and proof that payment has been named to the City Treasurer as per fee schedule stated in Rule 5. The City Clerk shall forthwith post said petition and transmit all materials required by these rules to the staff of the Malden Planning Board.
5.00 FEE SCHEDULE
The following fee schedule will apply to Special permits issued by City Council:
(A) Town or Row houses $1,000/unit
(B) Medical and Dental Offices $2,500
(C) Amendment to Special Permit
(with a hearing) $1,500
(D) Amendment to Special Permit
(without a hearing) $1,000
(E) Self Storage Facilities $10,000
(F) Structures more than 6 stories
7-8 stories $7,000
9-10 stories $8,000
11-12 stories $10,000
In all cases a check payable to the City of Malden shall be delivered to the City Treasurer.
6.00 PUBLICATION OF NOTICE OF HEARING
The petitioner will publish, at his/her own expense, a notice of hearing in a newspaper of general circulation in Malden as prepared by the Planning Staff. Notice to be published once in each of two (2) successive weeks, the first publication to be not less than fourteen (14) days before the day of the hearing (the day of the hearing should not be counted in the fourteen days). The planning staff shall post and send notices as required in Section 11 of Chapter 40A of the General Laws, as amended.
7.00 COPIES
Each application shall be accompanied by eighteen (18) copies of all plans, documents and associated materials.
8.00 PLANS
Plans shall be drawn at a scale not to exceed forty feet (40') to the inch, and shall include the plot of the building, parking and open space on the lot; the topography of the land to at least two (2) foot contour intervals; and architectural details of the building including front, side and rear elevations.
9.00 DECISIONS OF THE CITY COUNCIL
9.01 All decisions of the City Council and actions required to be taken by it shall be by two-thirds vote in accordance with and within the time limitations set forth in Section 800 of the Zoning Ordinance.
9.02 The Council shall cause to be made an accurate record of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicating such fact and setting forth clearly the reasons for its decision and of its other official actions.
9.03 Copies of such decisions and/or actions shall, within fourteen (14) days of the decision or action thereon, be filed with the City Clerk and shall be a public record. Notice of decisions shall be mailed forthwith to all parties as defined and required under Section 11, Chapter 40A of the General Laws as amended and to every person present at the hearing who requests that notice be sent to him and states the address to which such notice is to be sent.
10.00 SPECIAL PERMIT TAKES EFFECT
No Special Permit, or an extension, notification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the City Clerk that twenty (20) days have elapsed and no appeal has been filed or that if such appeal has been filed, it has been dismissed or denied, is recorded in the Middlesex South Registry of Deeds and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for recording or registering the said permit shall be paid by the owner or applicant.
11.00 RULES INCORPORATED BY REFERENCE
Incorporated within these rules are the Rules and Orders of the Malden City Council, as amended, the Malden Zoning Ordinance, as amended, and Chapter 40A of the Massachusetts General Laws, as amended, insofar as they may be applicable.