2022-04-05 00:00:00 - Joint Committee on Municipalities and Regional Government

2022-04-05 00:00:00 - Joint Committee on Municipalities and Regional Government

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REP HADDAD - Good afternoon and thank you for taking me so quickly. So I'm here to testify on the two bills that have to do with the town of Swansea. My um which I have 3/5 of the town of Swansea, but the whole delegation is in favor of this and that would be Senator Rodricks and Representative Steve Howard. So the two bills as I said, have to do with the water district in Swansea for many164 years, the water district um has given health insurance to practically volunteer members. The newest board feels that this is a burden to the town and so they are asking that um health care coverage no longer be extended to their board. And the second is that for many years, the the town because the the water department or the water board is separate.

They have had one short opportunity on one night to vote for the water commissioners. So again, this new board very interested in transparency asks that the election be moved to the same day as the local219 town elections, both of which you know, we we in the delegation feel a great proposals and we would hope that you would see the same thing and and give us the opportunity to combine the elections because they felt that they had to do that because of the way their charter is written and also to um no longer extend health care to a very small and I believe they might even be unpaid board. So again, Mr Chairman, if there are any questions if if I can help anybody, I'm happy to do that.
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REP FERNANDES - HB 4322 - Thank you. Vice chair Tucker and Chair Cronin Honourable committee members. Good to be with you. I'm here today just to talk briefly about house 4322 to an act concerning the rental of mopeds and motor scooters in the town of Oak Bluffs. This bill would ban the sale of moped rentals and Oak Bluffs, which is the town of Martha's vineyard and we need388 the legislature to act on this bill. In August last year, a 20-year-old woman lost her life on the back of a moped. She rented in the town and she wasn't the first to be fatally injured in a moped accident and she definitely will not be the last if we continue to allow rental mopeds on Martha's vineyard. A 22-year-old from Springfield lost his life riding around the island on his day off of work and a 58-year-old from Pennsylvania lost his life as well on a moped while he was on vacation with his two daughters.

And in the last four decades, at least nine people have died from moped crashes and dozens of others have been left with serious injuries, including permanent brain damage or even amputated limbs mopeds are already dangerous on their own, but they are especially dangerous when driven on the long, sandy winding roads of the island where speed limits can be high and invisibility can be low. And the people renting mopeds are on462 the island to enjoy their vacation and they aren't trained to drive a moped properly and probably don't have enough experience to do so in many cases. Um, and often the drivers that crash into these mopeds, um, do so without ever seeing them. And as soon as, you know, if someone gets hit with a moped, they are incredibly486 vulnerable and drivers are left to feel responsible even when it's not their fault. Um, and the driver of an suv that collided with the moped on island last year were on their way home from a trip to get ice cream moped just veered into their lane.

And there was nothing they could do to prevent the accident. And so we can't allow this to continue on vineyard streets. And with this legislation, we have a chance to prevent moped crashes from happening again. So the bill would allow the town to the town with the approval of voters a town meeting to ban the rental of mopeds. Um, in Oak Bluffs. This is the second time we filed this home rule petition. It was approved by the town in 2018 and again last year. The wait for this change has been far too long as it is and it's unacceptable that we haven't taken action on this. People continue to face serious harm from mopeds on the vineyard and we need this change to save lives. So I respectfully ask that the committee move this bill bill favorably. Um I want to thank you for taking me early and and and thank you for your time.
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TIMOTHY RICH - CHILMARK PD - HB 4322 - Um and thank you for this opportunity to testify and I'd like to thank Dylan UM Fernandes for all his hard work bringing this forward. Um A quick bio. My name once again is timothy Rich. I'm the retired police Chief of Chilmark of 30 years. I'm a founding member of the rental moped action committee that was formed in 1982 because of the continuing um carnage that was occurring on the streets. I'm a retired emergency medical technician of 35 years. I was also the chairman of the tri town ambulance and chief operating officer that provides the municipal ambulance service for the three up island towns of Aquinnah, Chilmark and West Tisbury. Um, and I could not more strongly support this legislation based on my professional experience and on the other side of the spectrum, my son was involved in a fatal moped accident while operating a motor vehicle that was struck head on by a rental moped and killed instantly and died in his arms.

This was in 2014 and um, the matter continues to that. I would like to read in my, my brief statement if I may. Um, anyway, once again, thank you for your support. I urge667 your house support, House Bill 4322 the moped home rule petitions submitted by the towns of Oak Bluffs to allow675 to regulate the commercial rental of mopeds and scooters. And I just want to emphasize outside of this that this is only rental mopeds. There's been some confusion that it's all mopeds has nothing to do with owner operated personally. I have investigated hundreds of accidents and I've never encountered an owner operator. It's always the rentals of the people that come out for the day. It says rentals mopeds and scooters pose a serious public safety hazard on Martha's Vineyard since their arrival in 1977.

An untold numbers of lives have been tragically impacted as a career police officer in EMT I personally responded to and investigated hundreds of moped and scooter accidents. The causative factors in over 90% are operator inexperience. Virtually all the operators are day720 tourists unfamiliar with their island. The rental mopeds or scooters and the skills necessary to safely operate one. To be clear, this bill affects only rental mopeds and scooters has no effect on owner operators. The roads on Martha's vineyard are prerevolutionary roads. They are narrow, winding, tree lined with narrow or no soldiers, shoulders, excuse me. And given the historic significance of those, the roads are really probably aren't going to change. Um, the current chapter 90 regulations requires being 16 years old with a learner's permit, including out of state learner's permit is all that is required to rent a moped, a scooter.

They are not required to carry any liability, personal injury insurance as all the other registered motor769 vehicles in the Commonwealth that operate on public waysunder Mass General law 90 (d) Section 34 (b) are required to, so if you have an accident, you get hit, you get struck as a pedestrian, you're on your own. There isn't any insurance that go, they'll go after from the operator of this rental machine. Um, this my committee, the moped rental committee790 was formed in 1982 and we have made some improving safety strides. The operators and passengers must now wear798 a helmet and closed toe shoes,800 which you believe it or not people used to write these things with flip flops. They have to watch a safety video and no one under four ft eight inches may ride as a passenger.

Yet every summer brings another slew of disturbing roadside incidents. The public outrage was reunited. Um, our committees, 38 year effort following a horrific accident on August 2016 when a young athlete lost their leg in an island driver was forever traumatized. We once again compiled an end and end review of rental mopeds. Negative impact on our island community review in it included, um, I'm sorry. This review included the results of surveys conducted by both Ireland newspapers, which found that 90% of the year round seasonal residents, homeowners, summer residents and visitors were in favor of eliminating rental mopeds if it were legal to do so. In 2017
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Okay, great. Thank you that we, um, we, we brought this to the Oak Bluffs. Selectmen of the Oak Bluffs. Selectmen. They voted to ban renewing the licenses. They was overturned in court because it has to be controlled by Chapter 90. We874 had this other accident as Dylan representative Fernandez pointed out last fall that killed another woman under the almost the same circumstances and they're just simply no way to make a moped rentals safe and a violent form of transportation on Martha's vineyard for either the visiting mophead rental drivers or passengers. I appeal for895 your good judgment and committee to advance the bill899 to passage. I stand by to answer any questions or provide any further information as your committee may request. And I thank you very much for this opportunity.
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PENNY WONG - HB 4322 - Hello, thank you members of the committee. My name is Penny Wong and I am speaking on behalf of my husband Ardamar Carlos who is part owner of a moped shop. I'm a board member of Ride on Mopeds and I'm here to testify against H 4322 and ask that you reject the bill as this will destroy my husband's business and his livelihood. The issue of moped rentals has always been a cause for intense emotions on this island in recent years. This issue has taken on a life of its own through social media where mistruths and spread are spread and the owners of the shops have been villainized as a greedy, rich group of people who could care less about safety. I would like to challenge you to understand that this is not a black and white issue and I'm here to paint a picture of our history on this island and how he became involved in the mop business.

My husband came to this island as an immigrant from Brazil in 1989 with $80 in his pocket. In 2003 he had the opportunity to buy, ride on mopeds in oak bluffs. Our daughter at the time was six months old. We did not make this decision lightly as we knew the1038 attitude towards mopeds on the island, but this opportunity to own his own business was a chance of a lifetime. He had been part of the business for 13 years as a mechanic and knew it well and felt he could run it in a responsible manner. As I stated before. Many have the misconception that as an owner, my husband is a rich man, he is not, this is his livelihood and pays our mortgage bills and now college tuition for her daughter who is a freshman at Bates College. At one point he worked as a school custodian to make ends meet and I had to leave my job as director of Grace Preschool in vineyard haven1075 for a better paying job.

But let it be noted that through the business we have been able to contribute to local fundraisers including our daughter's preschool, her skating club, the field hockey club and other such fundraisers. Ag Moore worked seven days a week, 14 hour days during the tourist season to make sure the business is run properly. Our daughter started working there last summer and plans to again this summer when they are home I hear stories of1102 the writers who my husband rejected, who can't even ride a bike or an e-bike and have to rent a car or the return of customers who are happy to come back every year to ride a moped on the vineyard. My husband does care about safety. It is his livelihood. Why would he jeopardize it? He has implemented all town bylaws and served on a safety committee in the winter of 2016 with the Oak Bluffs police.

He agreed to1129 decrease his moped fleet from 120 to 80 in 2018. He does care. I Know I am biased as his wife of 31 years. So I challenge you to come to Oak Bluffs and watch him at work. He's a quiet, unassuming man. But I can guarantee you that anyone who works on that block or owns a business in that area has the greatest respect for Ag Moore Carlos. I am currently a first grade teacher at the Oakland School and I cannot tell you how many times I've been told that we are quietly supported. But unfortunately people have also told me they don't dare speak publicly because of the backlash of the anti moped movement. I am immensely proud of my husband who is a naturalized American citizen has succeeded in giving our daughter a life that he could have only dreamed of when he was little.

I leave you with this question. Are you willing to take away a 61 year old man's livelihood and his ability to provide for his family in a legal manner because of emotions. Thank1192 you very much for your time.1194
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ALISON FRAZEE - BOSTON PRESERVATION ALLIANCE - HB 4565 - Certainly thank you. I appreciate the opportunity to speak um today in support of H4565 an act1254 relative to the boston landmarks commission. I'm Alison Frazee, executive director of the Boston Preservation Alliance. The alliance, as boston's leading nonprofit1262 advocate for historic preservation and for over 40 years has been actively promoting the preservation of boston's historic resources. We represent 40 organizational members, over 100 corporate members, including many prominent local architecture and development firms and thousands of individual members, supporters and followers. The overall petition being discussed today is decades overdue and we think Counselor Bok and representative Livingstone for advancing this1291 critical update.

The inability to protect historic resources that are significant to Bostonians has resulted in the loss of some of our most meaningful places and perpetuates an inequitable process that favours the history of wealthy white residents while eroding the historic places associated with black brown women, native and LGBTQ stories. This is not because these stories are less significant. It's because their histories were less often documented, researched, preserved and1320 made accessible to those doing preservation today, creating a burden to demonstrating a higher level of significance And yet these places and these stories are what many Boston residents relate to the most and would give our neighborhoods such a unique sense of place and connection to history.

All boston residents deserve the opportunity to protect the1340 places that reflect their own story. The alliance has participated in a collaborative effort with city council, the Boston landmarks commission, the real estate community and others to propose a logical but impactful language change so that we are able to landmark locally significant historic resources in the same way that other municipalities in Massachusetts and across the country are able to do. This action corrects a flaw in our process and we look forward to its passage on behalf of the preservation community in Boston. The alliance strongly urges a favorable report from this committee. Thank you.
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KENZIE BOK - BOSTON CITY COUNCIL - Absolutely thank you so much. Mr Chairman and my apologies for being late here. Um so I'm Kenzie Bok. I'm the city councillor for district eight in the city of Boston. So that's Mission Hill at Fenway back Cahill and the west end. Um but I'm coming to you really on behalf of the whole city council which unanimously passed this proposal and obviously the mayor who also signed it as Alison. Uh as Alison just mentioned, you know, we really see this as it's a very modest, actually, extremely small technical change, but it would make a huge impact for our city um, and really like equity in our historic preservation process in Boston.

Um so you know what we, what we found digging in to our Boston city landmarks processes that what we're really proud to have had one of the first landmarks commissions in the country because of that, we kind of frozen time, a standard which said, okay, the city of boston can landmark things that are of state or national significance. Um and we have quite a number of such things in the city, but we unfortunately don't have um like the ability to protect things that are the city of Boston.1461 Um one second. Sorry, just one second
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BOK - So basically, um because we're not able to landmark things that meet the level of significance for the city. Um what we found is that it rules out quite a number of buildings and particularly kind of Boston's black history or immigrant history um and and put us in a situation where if a famous person who the state or the country has heard of lived there, did something there, we can do it. But when we have these really significant community landmarks were not able to do it. Um and and so what we're asking for here is really just to be able to meet the same standard as most cities across the country. Um so it's included in the testimony that I've provided um and others have provided, but this is a standard being able to do local landmarking.

That's the case in Philadelphia in um Dallas, Houston, San Francisco, basically every major city we reached out to actually, I don't think reached out to any that didn't have the standard. Um and even Cambridge Massachusetts across the river from us has the standard. Um so it's really just Boston that stuck not being able to landmark things of significance to the city of Boston. Um and the change is truly just replacing an and with a comma right now something has to be of significance to the city and commonwealth, which basically means the commonwealth. Um and if we put a comma their city of Commonwealth, New England or um the nation that would solve the problem, but in our process of talking about this and what I really wanted to say, mr chairman is that we did have an extensive community process on this at the Boston city level.

Um one of the things that we discussed with the real estate community and I was really grateful to have the greater Boston real estate board participate with us on this was just the fact that we1588 want to provide kind of legitimate expectations and a fair transition for anybody who has an active project on right now because we don't want someone to be in1596 the middle of developing something, they thought they were fine and then suddenly we go and change the law on them and they've got folks seeking a local landmark where it was ineligible for state or national one. And so we, you know, in that conversation, that was really what Sections 2 and 3 of this legislation came from. The original legislation has found that the city was just the first section. Just was very elegant replacing the the and with a comma.

But um but we did want to address that concern. And so what we've basically done with those follow up sections is make sure that it goes in on a date certain instead of just as soon as it's passed, it goes in on July one and then um for any project that's already got approvals, it is going to be grandfathered in so that the new language doesn't apply to it um to just help people have that predictability in the development process. So we did hold a hearing and two working sessions on this, talked through the language that was kind of the compromise place we ended up in. Um and as I said, it passed unanimously through the council's got broad support in the city. And as we, you know, the landmarks commission was founded around the bicentennial.
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MIKE TIERNEY - VINEYARD ENTERPRISES - So, but um, again, um, representative, my name is Mike Tiereney and my company manages the three moped rental shops in Oak1733 Bluffs. Uh, this past year was my third year with the companies that owned the shops and I'm here to testify against this bill, um, to respect it. So when I first put together my thoughts for today, I wasn't sure what I was defending and it was, if it was too many mopeds places being rented from Oak Bluffs creating traffic concerns or the safety for the rent on mopeds. And it is both but, and I am sensitive to concerns of the residents1758 of the island and their feelings towards Mopeds. I was a resident of Oak Bluffs for nine years when they first arrived after 1981.1764 And at that time there were seven moped rental shops in approximately 700 licensed mopeds to rent in Oak Bluffs alone.

They were actually allowed on the bike paths during those years. And at that time there were only three ferries arriving 12 times a day into Oak Bluffs. So when you Fast forward to 2022 and there was a much different picture, there1783 are approximately six different ferries arriving 35 times a day before six p.m. In peak summer months. Oak Bluffs has um, three mopedShops now in only 178 licensed moped instrument, which is 522 less than they started with back in the1798 early 80s. Um, there are a lot more people on the island as well as many more vehicles than 40 years ago. As I mentioned, the1804 number of mopeds, to rent in Oak Bluffs in 30 years has gone from 700 to 178, which is 75% drop in the available units to rent.

It has gone from seven shops to three so that the actual businesses are shrinking over time. Our companies take training of our riders very seriously. We follow1819 all rules and regulations set forth by the state, the town as well as running them through the test drive. We are very diligent training process and if there was even an article um, a year and a half ago in the, in the vineyard gazette that the Martha vineyard hospital was quoted in an article that said um, the one of the nurses quoted was, she did not have the exact numbers. There were not many patients who came through the emergency room with mopeds related injuries, it's minimal. We have a lot more injuries related to bicycles than moped. Okay. The same was also source the Dukes County Communications Center on the island and what they do is1853 they take the calls in for the moped accidents and their reports in 2017 there was 10 reported accidents, in 2018, there were nine, 2019, there were 13 By our estimation, 2020 because I haven't seen the reports.

We had 12 in 2021 there were 19. So we have and those are incidents, those are all accidents and we average about 34 mopeds a day over 150 day season. So it only makes up about 1/3 of 1% of our total rentals. Okay for that actually get an accident. I can't promise there will be no more accidents in the future1886 but we'll do our best from our end to prevent anything improper training and evaluation of every rider. We take many people off the mopeds and bikes we feel cannot adequately operate them. And there's a big demand for moped rentals on Martha's vineyard we do not sell are convinced people to rent mopeds, they come to the island and to us and because of that they're looking for that mode of transportation and that's what they're looking for.

So in my opinion, the island is not prepared itself for the demand of the tourists that want to visit. Some argued that there are way too many cars brought over to the island. There was a limited parking and major congestion Oak Bluffs vineyard haven and Edgartown. So one may argue that more mopeds could be a solution and Martha's vineyard should limit the number of cars they allow as, as other resorts have done mopeds and scooters are very common modes of transportation and1933 vacation destinations such as the Antarctic commuter, the Caribbean West Indies and Hawaii just to name a few. I feel we feel I'm sorry I and we feel there is a middle ground for the existence of mopeds and Martha's vineyard banning moped rentals will not eliminate moped usesomething, just put some hardworking individuals out of work. And one thing I would like to comment on what Mr Fernandes said
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One quickly is their their I think there's and I don't like to excuse this as a comparison but there might be three deaths since in 45 years which is tragic and it's three too many but this is not uh there have been not deaths but there has not been as many as Mr Fernandes has said and there was one this past year tragically here on the island.
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JOHN LEONE - HB 4322 -Yeah I would like to thank the committee for hearing me And I'm here to oppose a bill 4322 um I think my kind of took um a lot of what I was gonna say and um but also I've been in the business now for 39 years. Um I2021 also owned businesses on block island and I believe it was back 15 years ago when I first started off Martha's vineyard and now getting to Martha's vineyard. Um I believe since I've been there there's been that one fatality last year that you know um everybody kind of paints a picture that you know that there's all these fatalities. Everyone you talk to it, it seems like you know everyone that gets on a moped is get injured but that's totally not the case. I mean as Mike was saying it's less than 0.2% and most of them accidents are very minor, you know and my heart goes out to the chief you know I know he lost his son, it's a tragic situation um you2069 know, but I think he was you know, not informed on a couple of things.

I think one of them is you know we do carry insurance and we do run a business that um you know we have employees that we have every year that come to the island and you know pay taxes with Mike Tierney has been doing an excellent job operating it and having to say about Block Island, you know you're kind of hearing the same things here and2099 there, you know, and I believe it's not really the accidents, it's more of a nuisance to the island. You know, they don't like to see,2108 you know, the vikes, they don't want to go around the moped as they're traveling down the road. They don't like to hear the beeping of the horns, you know, So at that point, you know, becomes a nuisance and then they, you know, the excuse is all the accidents and as far as like a bicycle rentals, like if there's ever a bike rental or an accident, you never hear about it.

2130 I2130 don't even believe they even report bicycle accident, you know, so, you know, having said that, you know, if you did the study on that, you would find that they're pretty much the same scenario, you know? And do we, do we always go to a bill to try to get rid of the bicycle rentals on Martha's vineyard or hypothetically if someone, you know, has an accident and no one likes to see accidents, especially us because we don't need the liability, We don't want the exposure at all. You know, so when, you know, people like if they use alcohol for instance, you know, and they have a tragic death if you want to take them statistics forget it. It's thousands upon hundreds of thousands throughout the country and you never see, you know liquor stores being shut down or all these other places.

So I mean, um like I said, it gets back to the nuisance thing, and I just feel that having, you know, instead of taking all the time, going through the courts, going through the legislation, why don't we put some of that money that we use or the town uses and put it towards something good, Like, you know, maybe putting certain signs on different roads to slow down traffic, um maybe having a safety committee, which I've been on Block Island, which was very helpful, you know, coming up with a lot of good scenarios and a lot of good things to um, you know, um, make sure that everybody's getting a safe ride.
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Okay, well, you know, I think might kind of spelt it all the same, but I think working together on an issue is a lot better than working2240 against an issue, 990% of the time, So, um I just wanted to say thank you to the committee and I wanted to oppose the bill. I just think that, you know, we don't want to waste the legislation is time. We don't want to waste the court's time. Let's figure out a way to work together. Thank you.
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