ORDNC-2022-1 : Amending Article I, Chapter 152-10, Licenses and Permits, General Provisions of the City of Melrose Code of Ordinances

Transcript (~5 min @ 17:24)

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▶ 17:15 Leila Migliorelli: will be held in committee um next on our agenda tonight is ordinance 2022-1 amending article 1 chapter 152-10 licenses and permits general provisions of the city of melrose court of code of ordinances um mr clark can you bring in city solicitor phillips i see her there and um i'll just briefly lead off saying that i had sponsored this ordinance change upon recommendation of the city solicitor who had done some research on our ordinances and noticed that in 1996 the board of aldermen then had accepted massachusetts general law chapter 40 section 57 but did not formally adopt it in the form of an ordinance so the goal tonight is to make sure that our ordinances reflect um that we did accept the statute so i will turn it over to city solicitor phillips and let her um describe this in more detail uh you need to unmute miss i apologize

▶ 18:17 Speaker 5: I forgot I was automatically muted. Um, so through the chair, uh, yes, that's correct. So 40 section 57 MGL. So that was accepted. By the board of algebra of Melrose back in, um, 1996, I believe as chairman literally represented. Um, that statute has an input, it requires an implementation ordinance. So if you read the language that was attached to this item on the agenda. This statute allows for cities or towns, which accept its provisions to adopt an ordinance. It appears that there was every intention at the time to make this part of the ordinances, but there was never any actual ordinance that was ever adopted. So, to correct this and make sure we're on clear legal footing moving forward, I drafted language of an ordinance to reflect the current state of law on this. And basically, this, this law allows generally for anyone owing money to the city that they would be denied a license or a permit from a city department prior to paying to the city. What is owed? So that's sort of a general representation. You can see the text of the actual section and if the ordinance that's presented to you tonight.

▶ 19:28 Leila Migliorelli: Great, thank you. Do counselors have questions for solicitor Phillips?

▶ 19:39 Jen Grigoraitis: Councilor Gutierrez? Thank you, Chair Migliorelli. I just had one quick question. I believe one of the documents references that a list of those who have not paid taxes is supposed to be shared annually with the various departments that provide licenses. Is that a practice that has been going on in the city or is that something that would be new? I don't believe that that has been

▶ 20:01 Speaker 5: going on. I think there might be a plan to do that with the new electronic system that's being set up for the permitting process in the department but I don't know that that's been happening currently uh but adopting that I guess that would that would go into effect yes okay and would that

▶ 20:17 Jen Grigoraitis: go into it does this would go into effect immediately obviously it can't be retroactive

▶ 20:24 Speaker 5: yeah so I have to uh I'm sorry just give me one minute I just want to look at the language concerning the list so it says on an annual basis I just have to look at that piece

▶ 20:39 Speaker 5: yeah um yeah so I I would work with you know the relative departments to make sure any language that's in this ordinance would go into effect upon passage okay thank you that was my only question

▶ 20:52 Leila Migliorelli: thank you any other counselors from the committee any non-voting members with questions for

▶ 21:04 Leila Migliorelli: solicitor phillips being none what is the will of the committee a motion to recommend for passage

▶ 21:12 Leila Migliorelli: motion to recommend for passage made by councillor Grigoraitis seconded by president sanella

▶ 21:25 Speaker 2: mr clerk vice chair Jamaleddine yes councillor Grigoraitis yes councillor stewart yes

▶ 21:43 Speaker 2: councillor karen jd yes president sinella and chair Migliorelli yes unanimous vote

▶ 21:51 Leila Migliorelli: Great, so this ordinance will be brought forward to the full council, not tonight, but at our following meeting with a recommendation for passage. City Solicitor, you can stay on for the next item, which is ordinance 2022-2, an ordinance relative to small wireless facilities installation in the public right of way, sponsored by Councillor Rob Stewart. And I know DPW Director Elena Proakis-Ellis is here with us tonight, too, to answer questions, but while she logs in, I'll let Councillor Stewart lead off on this.