MAZZEO’S REFERRAL OF CLAIRMONT’S PETITION ON ‘100GATE’ HAS TES’ FINGERPRINTS ALL OVER IT, BUT COUNCIL PREZ DENIES MAYOR’S INVOLVEMENT
By DAN VALENTI
PLANET VALENTI News and Commentary
(FORTRESS OF SOLITUDE, MONDAY, AUG. 11, 2014) — The vote was set for tomorrow, and up-or-down showdown from and for each member of the city council on councilor-at-large Barry Clairmont‘s petition asking his colleagues to approve sending a list of questions on “100gate” to Mayor Dan Bianchi.
That vote will not happen.
Or will it, indirectly?
Council president Melissa Mazzeo invoked council Rule 27 to refer the questions directly to the mayor. The relevant part of the rule reads:
Rule 27. The President may, with the consent of the Council, refer any order, ordinance, resolution, petition, report, communication, appointment, or other matter coming before the Council to the appropriate committee, or he may, with such consent, order such other disposition to be made thereof as he may deem necessary. Any matter or matters requiring action by the Council and not included in the specified duties of the several standing committees, may be referred by the President, with the consent of the Council, to any standing or special committee as he may determine. The failure of the Council to question the action of the President shall constitute consent without the necessity of any vote thereon.
The disposition of routine petitions may be determined by the Council President before the printing of the agenda covering the Council meeting when such routine petitions would be presented. The petition, committee referred to, reports, etc. will appear as part of the Council agenda in accordance with Rule 3, as amended. Any or all of such petitions may be discussed by the Council; the failure of the Council to question the action or disposition of the President, however, shall constitute consent without the necessity of any vote.
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Fancy Maneuvering May be in Order Come tomorrow Night
The referral action prevents a vote by the council. Council rules require that it be “separately listed on the agenda.” It is our understanding that any councilor may speak on it at that time. You can bet your collection of Star Wars iron-ons that it will be discussed. Did the council president invoke Rule 27 properly?
MELISSA MAZZEO: Referral of petition raises suspicions. (Photo, iBerkshires)
Rule 27 states that the council president cannot make such referrals without “the consent of the council,” something she clearly did not have. Rule 27 provides an exception of council consent for “[t]he disposition of routine petitions.” THE PLANET asks: Is Clairmont’s petition routine? A petition that seeks to haul the mayor in before the city council to be grilled about something he tried to keep secret in the first place is about as routine as a long and untended Pittsfield road without a single pothole.
If Mazzeo is passing Clairmont’s petition forward as “routine” under Rule 27, it “may be discussed.” Note that the rule doesn’t specify what the council can or can’t do in addition to “discussion.” In other words, Rule 27 doesn’t expressly prohibit a motion to vote on the matter being discussed. Could a motion to bring Clairmont’s petition to a vote be forthcoming? There does not appear to be a council rule prohibiting a referred item being “brought back” for a vote, even though it is not on the agenda.
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The ‘Wise Guys’ Weigh In
THE PLANET queried several knowledgable sources, including those with good understanding of council procedures. We asked Starbuck why the council president would invoke Rule 27.
BARRY CLAIRMONT: Will councilor fight the “end-run”? (Photo, pittfield.com)
“One reason,” Starbuck answered, “is that she wants to send it directly to the mayor so he can sit on it and not respond. The only way Clairmont’s petition has any teeth is if the council votes on it. Maybe Melissa is thinking Clairmont doesn’t understand that, and the direct referral will allow Bianchi to ignore it until after the move has taken place. This scenario gives her credit for being smart and savvy. I’m not sure she is that smart, but the mayor may be. She sets the agenda from the council office. The mayor’s office is one door down, and I’m sure she checks with Bianchi on petitions involving him.”
Another source, Drummell, says another reason she may have invoked Rule 27 “is because all items under this rule end up at the end of the agenda. Tuesday’s meeting will be very long. It may be their hope that most people will tune out by the time that one of the councilors takes the issue up. Just because she uses Rule 27 doesn’t mean the council can’t intervene and discuss it anyway. My guess is that the meeting may approach midnight.”
Indeed it might. Typically, when city clerk Linda Tyer posts the council agenda, it all fits into one hot link on the council’s web page. The agenda for Aug. 12, however, required six hot links. We have them below:
A third source, Magwich, says doesn’t believe this is by accident.
“They’ve probably been saving up a bunch of routine stuff [e.g., appointments] and flooded the agenda to put [Clairmont’s petition] at the end. By then, people will be half asleep. I hope councilors fight this. It’s unacceptable.”
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Slithering Out of a Love-Starved Dream
The PLANET asked Mazzeo about her action, specifically, how does she feel about having the mayor’s in council chambers answering questions regarding his proposal on 100 North St. Our exchange over this question proves most educational and revealing, and we shall share it with you in full on tomorrow’s PLANET. In sum, she did tell us that her decision to invoke Rule 27 was hers alone. Mazzeo said the mayor had nothing to do with it.
TES: His fingerprints are all over the “surprise” referral of Clairmont’s petition.
Meanwhile, THE PLANET shall be all over the upcoming action. We, alone, shall do the job of The Fourth Estate in bringing to light the hidden secrecies of your government. We shall continue to kick over rocks and report diligently on whats slither from underneath, awakened from the sleep of love-starved dreams.
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“Third boxcar, midnight train. Destination, Bangor, Maine. Old worn out suits and shoes. I don’t pay not union dues.” — Roger Miller, “King of the Road,” (1963).
“OPEN THE WINDOW, AUNT MILLIE.”
LOVE TO ALL.
Dan, as a citizen I thank you for your involvement in Pittsfield political issues. It appears that if you did not do it no one else would. By the looks of the length of the last segment and the new names the Planet is gaining an even larger audience.
I would have hoped that knowing their misdeeds might be exposed, those in power might behave more ethically. I am not sure I am seeing that part.
It would be nice if the Eagle grew their gonads and helped out but they get too much money from city ads in their paper so they might be reluctant to bite the hand that feeds them. Just how much money does the Eagle make from legal ads from the city each year? A bundle it looks like.
This is about as routine as going to the Dentist to get your teeth cleaned and having the hygienist perform a route canal. Repeat after me ,this is best the Mayor and City Council since the Evan Dobelle administration, thanks for your service and contribution.
Melissa, You were the top vote getter, but your personal credibility is nose diving. Put the taxpayers back in to your first consideration and stop blindly acquiescng to another’s personal agenda.
We supported you in a big way however it is waning and your political career may be slip sliding away.
Barry C. You are right. Question council consent and bring up the appropriate and germane discussion.
Have to agree with CJ, Melissa you have disappointed many. You can still turn around and stop being Bianchi lap dog. Your mother raised you better!
Dan nice picture of Melissa but why the long face?
I think that Levitan is Donna Matoon, the Mayor’s ex administrative assistant. Prior to her departure she posted all the time on the blog. After her departure she only posts when Bianchi is in trouble. She tries to change the subject to divert people’s attention.
She was out full force over the weekend defending Bianchi and changing the subject.
She also is Tom bowler’s sister.
I hate purple and lens flare, Dignified.
Matoon is a journalist. Look at how levitan writes. Clearly someone with a reporter background.
I can attest levitan is NOT who you think. I’ve met him personally. No I won’t put him out there. I will say I don’t agree all the time with him but who cares life would be boring of we all thought the same.
Hey back off. I was riding high as a journalist until you had to pipe in.
Love your sense of humor.
In other words you were dignified! Ha ha
The Planet offers a place for us to give our opinions on current issues. At the moment, “100gate” is the big one.
It appears that a majority of your bloggers are against the mayor’s proposal to move to 100 North.
However, on the last blog,MrG1188 categorized those in opposition as possibly “a poorly thought out mob”.
I think that assumption was uncalled for.
Now wait a second Spider; I did no such thing! My quote is clipped and pasted below:
A sane, coherent voice of opposition in a crowd is an excellent way to keep it from turning into a mob…at least a poorly thought out mob.
I was saying that having a voice of opposition quietly presenting the “other side” PREVENTS us from becoming a poorly thought out mob. I do think sometimes here people go a bit overboard in their personal attacks against individuals, and if amplified in an echo chamber without any moderation that’s not too far from the mob mentality cry of “Let’s GET ’em!” Fortunately I don’t think we’re to that point yet…and I also think that the simmering anger is justified. It should just be acted upon politically, not with vituperative personal attacks.
Mr. G: Your suggestion is very clear…. a very clever way of saying that the comments were perhaps made by a “poorly thought out mob”.
Don’t bother with further explanations…..I got it the first time!
It’s a free country. you can infer or interpret whatever you like. My words were clear.
Although. I DO like being called very clever!
More lies and deceit from Miserable Mellissa OMG I am shocked.
I too supported Melissa… as a councilor. As council president she has been a major disappointment. I am sad to say she has become a “politician.” She shall not get my vote again.
My plan is to not allow a routine referral to the Mayor. Without a vote by the Council to ask the Mayor to appear, the petition has no weight or bearing and the Mayor could just ignore it.
Because rule 27 was invoked by the Council President, unfortunately, the petition is item #32 on a 33 item agenda, instead of showing up much earlier on the agenda. It will be late into the meeting when it surfaces.
So plan on staying up late to watch if you want to see what happens.
Barry
Can someone record the meeting and post it on YouTube?
You can watch on the pctv website…it is usually up the next day. http://www.pittsfieldtv.org/home/citylink-show-search/
Good luck with the petition, Barry – hope it gets a vote.
100Gate is small change compared to what is coming down the pike at us. The new high school could finally break the bank. I hope to be moved to another smaller town by then. I’ve just about reached my limit.
Those who stay, and some have no choice, will get burned badly if not connected.
I wonder how it feels deep down inside when you are one of the people in power hurting the taxpayers and by extension, their children? Do they just feel smug as hell flying above the trouble?
Referral under rule 27 is a political ploy to protect the mayor.
and the exact opposite of what Melissa was elected to do. You can’t trust anybody any more. What is in it for her that she would turn her back on everyone who trusted and voted fr he?
Can you recall Council WOMEN too?
Dusty,
I promise, you will always know where I stand on issues.
Barry
I am tired of the Laissez-faire leadership of Bianchi. At a time in our city’s history, when solid democratic leadership is essential, it seems the lack of solid leadership is clearly on the the back of this ineffective mayor. Chaos regarding a matter as simple as permitting processes is flung into chaos by a mayor out of tune with the populous of our city is frightening. Government business belongs in government buildings. Danny what is it that you choose to not understand. Government is for and by the people. Government business belongs in government owned buildings.
There is a great picture of TES on iberkshire today.
http://www.iberkshires.com/story/47171/Pittsfield-Encourages-Healthy-Lifestyle-With-Morningside-Walking-Loop.html
Good one Blow. Assume the Position!
I live in Richmond, we have software that allows us to do electronic permitting. It works pretty well, granted there is a bit of a learning curve and it requires an email address and a modicum of web/internet ability. There have been a few hiccups as there would be with any new software implementation but the software is pretty darn good. It allows the inspector/approving parties to be ANYWHERE in the world and review the application and approve it if so deemed. Plans can be scanned and uploaded, there is a messaging system that allows chat and email. Our building inspector has been on vacation in India and China and has be able to approve permits. The ENTIRE application (and it is scaleable to millions of records) cost about $105K, was mostly grant funded, and satisfies the needs of 4-5 towns. The cool part about it is once you are registered, you are registered for all the participating towns. Property record and owner information, map and lot, and address are uploaded from the assessors CAMA system. It would be fantastic if Pittsfield joined the system but they refused was asked last time (FYI: BRPC administered the grant). I called Mr. Clairmont recently and left a message on his cell to invite him (and the offer stands for any city councilor) to view the system and see how it works. I have not received a response.
I would suggest that moving everyone to one location just to do so is a CLEAR waste of money, especially when most are under one roof as it is. That an electronic system is the way to go BUT before you commit dollar one, take a look at the system Richmond, Lee, Lenox, Sheffield? and Washington? are using. Why reinvent the wheel and spend tens of thousands of dollars when you can maybe use the existing wheel for a nominal fee.
Maybe we should just hire the Richmond building inspector and let him set the whole thing up. Perhaps a new process and new people would be beneficial.
Craig,
I will be in touch.
Barry
Mr. Clairmont did call me and we discussed the software and new CIC grants that might help the city of Pittsfield get an online permitting system.
I think Great Barrington is looking at Permiteyes. Here is hoping that Pittsfield gets Permiteyes.