Revised Rules of the Melrose City Council

Transcript (~21 min @ 1:31:52)

Speakers identified by voice; unnamed voices are numbered within this recording. Auto-caption text — verify against the video.

▶ 1:31:43 Speaker 1: Ordinance, um, OR DNC dash 2024 dash five. Request an amendment to the Melrose Code of Ordinances and adoption of a city council licensing and application process to address food truck operations within the city of Melrose. Madam

▶ 1:32:02 Speaker 8: Clerk, I think that I have, oh, I have one. Yeah, the ID

▶ 1:32:05 Speaker 3: 12 2 0 8. The

▶ 1:32:08 Speaker 8: Revised rules of the Melrose City Council.

▶ 1:32:11 Speaker 9: Sorry. That's okay.

▶ 1:32:15 Speaker 1: Okay, hold on. Yep, that's right. I deemed, I apologize. That's okay. Id number 1, 2 2 0 8 revised rules of the Melrose City Council.

▶ 1:32:24 Maya Jamaleddine: Um, Madam President, this order comes, uh, from the Appropriations and Oversight Committee with a recommendation for passage as amended. And at this time, I would like to make a motion for passage. Second,

▶ 1:32:37 Speaker 8: Motion for passage as amended made by Councillor Jamal and seconded by Councillor Williams on discussion, um,

▶ 1:32:45 Speaker 8: as I, I think we had communicated

▶ 1:32:48 Speaker 9: before that dur, I will just interject here that, um,

▶ 1:32:52 Leila Migliorelli: there were some orders or some changes we wanted to make.

▶ 1:32:55 Speaker 9: We had questions back for the city solicitor.

▶ 1:32:57 Leila Migliorelli: Those have been updated and uploaded in IQM two for the public to see those questions and responses. As such, um, counselors Gar Pay and myself have submitted some additional amendments,

▶ 1:33:11 Speaker 8: which have been printed and handout handed out to all of the counselors and will be uploaded to the record

▶ 1:33:15 Speaker 9: after, um,

▶ 1:33:19 Speaker 8: ca i I rather than obviously, um, going through the entire rules again, I will just address these amendments and if anyone has any others that they would like to bring,

▶ 1:33:28 Speaker 9: um, that is fine too.

▶ 1:33:29 Leila Migliorelli: So I will start with Councillor Repe

▶ 1:33:34 Speaker 8: and, um, your amendment if you wanna read it and Sure.

▶ 1:33:37 Mark Garipay: Um, as I mentioned last, uh, last meeting, I was looking to do an amendment in speaking with the city solicitor. Today I wanted to, um, add, um, an amendment under the rights and duties of members Rule 12. Number 12, a, uh, proper attire. The proper atti in the, uh, rule will state the proper attire for all city council meetings and committee meetings shall be professional atia to avoid overly casual dress.

▶ 1:34:08 Speaker 5: Is that a motion? That's a motion. Second.

▶ 1:34:10 Leila Migliorelli: Motion to amend the rules by adding Rule 12 A, um, made by Councillor Repe, seconded by Councilor Stewart on discussion.

▶ 1:34:24 Speaker 12: Any comments?

▶ 1:34:28 Speaker 9: Councilor Romanul? Okay. Um, okay.

▶ 1:34:32 Leila Migliorelli: Um, all in favor of this amendment to add 12 a a Aye.

▶ 1:34:41 Speaker 8: Aye. Aye. Any opposed? Okay, this amendment passes.

▶ 1:34:45 Speaker 9: So, um, just Madam Clerk, as written, this amendment will be added to, um, thanks. The council rules. Um,

▶ 1:34:58 Speaker 9: moving on as President, I suppose I will go through,

▶ 1:35:02 Speaker 8: um, the proposed amendments, um, for discussion.

▶ 1:35:05 Speaker 9: Um, as you'll see

▶ 1:35:08 Leila Migliorelli: before you, um, I'm amending to strike the existing language and rule 10 B and add new language.

▶ 1:35:17 Speaker 9: This was a conversation we had gone, uh, just for the benefit of the public gone back

▶ 1:35:20 Leila Migliorelli: and forth on, in the absence of the Clerk of committees, the city clerk shall perform the duties of the Clerk of committees or may delegate such tasks

▶ 1:35:27 Speaker 9: to the assistant city clerk.

▶ 1:35:29 Leila Migliorelli: If the city clerk is unable to perform the duties of the Clerk of committees, the assistant city clerk will fulfill this role in the interim. Reason why is the, um,

▶ 1:35:39 Speaker 9: the two other positions within the city clerk's

▶ 1:35:40 Speaker 8: office are union positions.

▶ 1:35:41 Speaker 9: So we can't dictate those, those responsibilities. So I thought that this fulfilled, um, anyways,

▶ 1:35:47 Speaker 8: I will make a, yeah, I'll

▶ 1:35:50 Mark Garipay: Make a motion to accept, uh, the new language and the changes that was just read by the president. Second, second for rule 10 B.

▶ 1:35:58 Leila Migliorelli: Um, motion to a, uh, amend Rule 10 B made by Councilor Garbe, seconded by Councilor Car Shady. On discussion, seeing none.

▶ 1:36:09 Leila Migliorelli: All in favor of this amendment? Aye. Aye. Any opposed? Rule 10 B has now been amended.

▶ 1:36:18 Speaker 9: Uh, next, um, rule

▶ 1:36:23 Leila Migliorelli: 28, amendment to strike existing language and add new language.

▶ 1:36:29 Speaker 9: Um, this was to address the, the lack

▶ 1:36:32 Leila Migliorelli: of options for voting options. Um, when consulting with the city solicitor, she recommended a version of this language, um, that is used in some other council bodies. So I'll read it When a question is put forward, every member present shall vote yes, no, or present members who are abstaining, IE voting present shall be included in the quorum. Members who are recusing themselves are not included in the quorum. A member that is recusing themselves from voting shall announce that they're recusing themselves prior to any discussion or deliberation of the matter. And shall state the reason for recusal a conflict of interest or to avoid the appearance of a conflict of interest. A member that has recused themselves shall not participate in the discussion while the matter is being deliberate, deliberated, and shall leave the council chamber. Or if participating remotely shall turn off their microphone and video during discussion on the matter.

▶ 1:37:26 Speaker 8: Um, I will entertain a motion, um, for purposes of discussion, at least, if

▶ 1:37:32 Robb Stewart: Not Madam President, I'll make a motion to accept Rule 28 as amended

▶ 1:37:37 Leila Migliorelli: Second motion to, um, accept Rule 28 as amended made by Councillor Stewart, seconded by Councillor Jamine on discussion.

▶ 1:37:48 Speaker 8: Okay. Uh, Councillor Stewart.

▶ 1:37:50 Robb Stewart: Madam President, just a question. Um, so when you're abstaining, you still have

▶ 1:37:57 Speaker 5: to vote by this

▶ 1:38:00 Speaker 8: Abstaining is voting present? Present? Right.

▶ 1:38:04 Robb Stewart: Okay. And, and present would not count as a yes or a no vote? Correct. Okay. Okay.

▶ 1:38:09 Speaker 8: Thank it. Would be, yeah, counted in the denominator of the quorum.

▶ 1:38:12 Robb Stewart: Great. Thank you madam. Present.

▶ 1:38:13 Speaker 8: Any other questions? Okay, seeing none. Um, the motion is to, um, strike the existing language in Rule 28 and add new language made by Counselor Stewart second and by Councillor Jamine. I think that right. All in favor? Aye. Any opposed? That amendment passes.

▶ 1:38:39 Leila Migliorelli: Um, next is, um, a rule that came out of kind of a necessity, uh, given tonight's, uh, two public hearings.

▶ 1:38:48 Leila Migliorelli: Um, I am a little happy to address where the location is if everyone's, uh, okay with this.

▶ 1:38:52 Speaker 9: But this will entail us Renumbering renumbering the rules,

▶ 1:38:57 Leila Migliorelli: which I'm open to, but anyways, I'll read this order. Uh, this amendment, um, addition, all public hearing shall be held during full council meetings. Public hearing shall be set at a prior full council meeting where the matter will be voted on via immediate consideration for the purposes of setting a date and time for the hearing. Hearing shall provide for a presentation of the matter counselor questions if necessary in public comment, written comments and materials may be submitted to the city clerk by any interested individual concerning a public hearing matter for consideration, which shall become part of the record for such item. Once the hearing is closed, no further submittals or information can be accepted and counselors can only deliberate amongst themselves and get limited clarifying information from staff. Should there be outstanding questions or additional information is needed by the counsel that cannot be provided. The public hearing should be continued at a later date and time certain.

▶ 1:39:49 Speaker 9: Um, just for clarification, the city solicitor,

▶ 1:39:51 Leila Migliorelli: city solicitor drafted this language, um,

▶ 1:39:56 Speaker 8: will entertain a motion for discussion

▶ 1:39:59 Robb Stewart: Matter. President, I'll make a motion to accept Rule 37 as amended.

▶ 1:40:04 Speaker 3: Second,

▶ 1:40:06 Speaker 8: Uh, motion to, um, add this new rule, um,

▶ 1:40:11 Speaker 9: uh, to, uh, uh, to the, the rules of order made

▶ 1:40:14 Leila Migliorelli: by Councillor Stewart, seconded by Councillor Jamine on discussion. Councillor Stewart.

▶ 1:40:20 Robb Stewart: Um, looks fine. I just, sorry to be so pedantic, but the last word, certain I, I continue at a later date and time. Certain it doesn't read right. It doesn't make sense to me. I'd strike certain counselor.

▶ 1:40:41 Speaker 9: Um, any other que uh, councillor Vandiver?

▶ 1:40:43 Kimberly Vandiver: Um, I believe, I believe that's standard language from Robert's rules. A date and time. Certain is, is a date that we, and time that we specify at the time of

▶ 1:40:54 Speaker 5: Postponement Is that then, then I'll accept it. Yeah. Yes. Okay. Just reads funny. Agreed. Those Were rich rules. 1890s language. Yeah.

▶ 1:41:04 Speaker 8: Any other, um, questions on discussion? Comments on discussion? Um,

▶ 1:41:15 Speaker 9: so, uh, well actually one question here,

▶ 1:41:16 Speaker 8: or we could, I I think the natural place to put this is an order of business

▶ 1:41:22 Speaker 9: that would require us to reorder. I don't know if that requires, uh, a vote to reorder, um, Councillor Stewart

▶ 1:41:30 Robb Stewart: Matter. President, i, I would suggest leaving as is for now and, and revising at a later date.

▶ 1:41:38 Speaker 9: It's not there right now, so it's not,

▶ 1:41:40 Speaker 8: so it's not in the original draft. So it would be in addition to what's already there. So there's no, currently there's no order.

▶ 1:41:46 Speaker 9: So it's adding this in which numerically we could just add it to the end. That might solve all problems. Councilor.

▶ 1:41:55 Mark Garipay: So currently we have a Rule 37, right? Right

▶ 1:41:57 Speaker 9: Now, right. Okay. Yeah. Um, okay,

▶ 1:42:02 Speaker 8: so motion to add this order.

▶ 1:42:05 Speaker 8: The last order number.

▶ 1:42:07 Speaker 9: Let's, how about for the purposes of this evening?

▶ 1:42:09 Speaker 8: The last order number is I think 60 63.

▶ 1:42:12 Speaker 9: 60 63 Feet. Okay.

▶ 1:42:15 Speaker 8: So, um, just clarifying, this will be added as rule 64.

▶ 1:42:20 Speaker 9: I don't think we need to vote on that. Okay.

▶ 1:42:23 Leila Migliorelli: Um, next up, so that, that new rule has passed,

▶ 1:42:28 Leila Migliorelli: um, next up, rule 61, a amendment to strike only the discretion of the presiding officer, the body and replace with new language. Um, the new language being is permitted if physical attendance would be unreasonably difficult. Examples of such difficulties may include but are not limited to personal or family illness slash emergency. Military service, business travel

▶ 1:42:50 Speaker 9: or religious observ observances.

▶ 1:42:51 Leila Migliorelli: Remote participation must be done from a quiet, private location that allows for clear video and audio feed.

▶ 1:42:58 Speaker 9: Um, just to clarify this, as I, I had voted no, um, on the amendment to that was done last week

▶ 1:43:06 Speaker 9: to have the son at the per

▶ 1:43:08 Speaker 8: discretion of the presiding officer.

▶ 1:43:12 Speaker 8: I think that to protect, um, personal rights and privacy, um, that are given under the protection,

▶ 1:43:18 Speaker 9: I would just not want a presiding officer to say no.

▶ 1:43:22 Leila Migliorelli: Um, so I am reverting somewhat to the original language that I had submitted. Um, I think just to point out that, you know, you being remote if it's unreasonably difficult, and these are just examples that are not inclusive of all examples, but are some examples.

▶ 1:43:39 Speaker 8: Um, and most of those instances, uh, except

▶ 1:43:41 Speaker 9: for business travel are protected,

▶ 1:43:44 Leila Migliorelli: legally protected categories. Um, but then to ensure that remote participation is done,

▶ 1:43:50 Speaker 9: um, in a quiet environment.

▶ 1:43:54 Speaker 8: Um, so that my, if someone would, I would entertain someone to accept this amendment

▶ 1:44:00 Robb Stewart: Amended president, I'll make a motion to, uh, accept Rule 61 A as amended second, amend

▶ 1:44:05 Leila Migliorelli: Second motion to accept Rule 61 A as amended made by Councillor Stewart, seconded by Councilor Romanul on discussion.

▶ 1:44:14 Speaker 8: Councillor Jamine,

▶ 1:44:15 Maya Jamaleddine: Uh, it's just a clarification just in case someone violate any of these rules. Okay. For instance, the attire or, uh, this rule, what would be the consequences

▶ 1:44:30 Speaker 3: is just to, so we would know what are these rules set for?

▶ 1:44:36 Speaker 9: Um, I, there's one happening right now. Um,

▶ 1:44:41 Speaker 9: Took my time There. I, um, that's a question for the city solicitor, I suppose. I don't have an answer for that.

▶ 1:44:49 Maya Jamaleddine: Okay. So as, as a president, this is not something that you would, that the president will have to follow up or monitor or oversee. It would be something that directly with the city solicitor. Is that what it is?

▶ 1:45:06 Speaker 9: I, I think the what would happen? What would be the consequences would be, so I would, would be under the advisement of the city solicitor, but there's no, we have no, um, rule currently

▶ 1:45:19 Speaker 8: to remove someone from office

▶ 1:45:21 Speaker 9: and that would have to be a larger discussion or any type of penalty would have to be a larger discussion than I think we would need to add to our rules. So these are just, I think, uh, friendly recommendations,

▶ 1:45:32 Speaker 8: um, as for us to do our business.

▶ 1:45:37 Speaker 8: Okay. Thank you. Okay, so there's a motion on the table. Uh, any other item? Any other comments? Discussion? Seeing none. Um, all in favor to amend, um, as written?

▶ 1:45:51 Speaker 8: Aye. Aye. Aye. Any opposed? That amendment passes

▶ 1:45:57 Speaker 9: Motion by Stewart Stewart, Seconded by remodel. Okay,

▶ 1:46:02 Speaker 1: Thank you.

▶ 1:46:04 Leila Migliorelli: Um, this is an amendment to add, uh, new rule 61 C. This came up in conversation during our meeting, um,

▶ 1:46:12 Speaker 9: and I did do some extra research and notice that other people did include this.

▶ 1:46:16 Leila Migliorelli: So this is for clarifying reasons. Um, per Massachusetts Open Meeting law, if any member of a public body is participating remotely, all votes of the body are required to be roll call and the results of the rule must be recorded in the

▶ 1:46:29 Speaker 9: minutes. Uh, Councillor Stewart,

▶ 1:46:30 Robb Stewart: Madam chair, Madam President, I'll make a, uh, motion to add Rule 61 C as amended.

▶ 1:46:38 Leila Migliorelli: Second. Motion to add Rule 61 C made by Councillor Stewart. Second by Councilor Aldine on discussion. Seeing none. All in favor? Aye. Any opposed? That rule is now added to the draft. Um, next up, rule 62 amendment to add and replace language.

▶ 1:46:59 Speaker 9: Um, I don't know if you can see the highlighted text since this is black and white,

▶ 1:47:04 Leila Migliorelli: but it says with at least 48 business hours notice, fully virtual meetings will be permitted at the discretion of the presiding officer of the body, pending a determination that a federal, state, or city emergency would prohibit the safety of the council, administration and Republic to attend a meeting in person. Um, I, this was, I changed, pending, or changed from in conjunction with,

▶ 1:47:27 Speaker 9: at the recommendation of city solicitor.

▶ 1:47:28 Speaker 8: I'm open to another word other than pending,

▶ 1:47:29 Speaker 9: but, um, the intention is such that

▶ 1:47:36 Speaker 9: the presiding officer would make a call based, uh, to do

▶ 1:47:39 Speaker 8: for fully virtual, um,

▶ 1:47:40 Speaker 9: if there would be such emergency. Councillor Stewart,

▶ 1:47:44 Robb Stewart: Madam President, I'll make a motion to amend, uh, accept Rule 62 as amended. Second.

▶ 1:47:50 Leila Migliorelli: Um, motion to accept Rule 62 as amended made by Councillor Stewart. Seconded by Councilor Carm Chaney on discussion. Seeing none. All in favor? Aye. Aye. Any opposed? That is amended as written. Um, next up, this is just for consistency's sake

▶ 1:48:12 Speaker 9: because we changed this, um, for ourselves. Uh, and so just wanted to make the same requirements of people who are, um, participating. Oh, that's not clear here.

▶ 1:48:22 Speaker 8: This is for, um, members of the administration.

▶ 1:48:25 Speaker 8: Um, so rule 63 B Amendment to strike the language,

▶ 1:48:28 Speaker 9: make every effort possible to, so it would read,

▶ 1:48:30 Speaker 8: these remote participants must utilize a video feed.

▶ 1:48:32 Speaker 9: And this is relation to city

▶ 1:48:35 Speaker 8: or anyone presenting in front of us. Councillor Stewart

▶ 1:48:38 Robb Stewart: Amend prison. I'll make a motion to accept Rule 63 B as amended.

▶ 1:48:44 Speaker 8: Second. Motion to accept six.

▶ 1:48:46 Leila Migliorelli: Rule 63 B as amended made by Councillor Stewart. Seconded by Councillor Aldine on discussion.

▶ 1:48:52 Speaker 8: Councillor Vandiver.

▶ 1:48:53 Kimberly Vandiver: Uh, I guess similar to, uh, the previous question, would there be a consequence here? Would we allow participants to join without a video feed? Would we reject them? Would we postpone discussion?

▶ 1:49:06 Speaker 9: I, um,

▶ 1:49:11 Speaker 9: what I believe it's actually in here.

▶ 1:49:16 Maya Jamaleddine: I'm thinking Councillor Jamine My, uh, per previous, um, uh, meetings. Um, the vote would not be counted correct if it's, if they're not on the camera.

▶ 1:49:29 Speaker 8: And I think in this situation where this is a matter of, uh, administration person who is not not wanting

▶ 1:49:38 Speaker 9: to be on video, um, I mean it would, you know, like anything we could hold the order in committee if they're refusing to appear on video.

▶ 1:49:47 Speaker 8: Um, any other discussion questions? Okay, we have a motion before us to amend, made by Councillor Stewart. Second by Councillor Jamal Ladine. Uh, all in favor? Aye. Any opposed? Right. Any other?

▶ 1:50:09 Speaker 8: Um, so the motion, the larger motion on the table, um, made by Councillor Jamal Ledine, seconded by

▶ 1:50:19 Speaker 9: Councillor Repe. Um,

▶ 1:50:21 Mark Garipay: I just a point of order was, forgive me your motion, uh, council Aldi's motion. Was it as amended as it includes all these amendments?

▶ 1:50:30 Speaker 8: I just, I think it included the amendments before, so I'm wondering if withdraw that motion.

▶ 1:50:35 Speaker 9: Redo it, and redo it. Okay. Okay.

▶ 1:50:37 Maya Jamaleddine: So I would, would draw my, my, uh, initial motion, um, to, uh, recommend as amended.

▶ 1:50:49 Speaker 9: I'll withdraw my second. Okay. Um, so, okay.

▶ 1:50:52 Maya Jamaleddine: And Madam President, I would like to make, uh, a motion to recommend as the newly amended, uh, order.

▶ 1:51:02 Speaker 3: Um,

▶ 1:51:04 Speaker 9: Second, um, a motion

▶ 1:51:06 Leila Migliorelli: to recommend is newly amended this evening, made by Councillor Jamine, seconded by Councillor Stewart on discussion, uh, Councillor Carrum Shady.

▶ 1:51:16 Manjula Karamcheti: Um, I actually just wanted to take a moment to, oh, hello. To say thank you again, uh, to you for taking the lead on doing a first round of amendments and a second round of amendments, the time, energy, and level of detail required to do something like this and capture all of our comments and questions. And, uh, wordsmithing is quite the effort. So just wanted to recognize that and say thank you.

▶ 1:51:45 Speaker 3: I'll second. Okay.

▶ 1:51:50 Speaker 8: Um, uh, I guess all in favor, aye. Aye. Any opposed? These, uh, rules have been passed and will be wr in effect as of 2025.

▶ 1:52:01 Speaker 9: Okay. Next up.

▶ 1:52:06 Speaker 8: Um, where's the ordinance?

▶ 1:52:09 Speaker 8: Last, last one.

▶ 1:52:11 Speaker 1: Okay, last but not least, right? Yep. Um, we have the requesting an amendment to the Melrose Code of Ordinances and Adoption of the City Council license and application process to address food truck operations within the city of Melrose. Ordinance 2020, sorry, I should say Ordinance 2024 dash five.

▶ 1:52:31 Ryan Williams: Okay. Madam President, this comes from the Legal and Legislative Committee as amended with a recommendation for passage as amended. And so at this time, I'll make that motion.