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← Legal & Legislative Committee · 2023-06-15 · Legal & Legislative Committee Meeting

ORDER-2023-95 : Request that the City Council Approve the Written Determination that the Lease Transaction of the St. Mary’s Parish Parking Lot is a Unique Acquisition of Property pursuant to M.G.L. c. 30B.

Passed · OUGHT TO PASS [3 TO 0] · moved by Jen Grigoraitis, President, Ex Oficio, seconded by Jack Eccles Yes: John Obremski, Jack Eccles, Jen Grigoraitis. Absent: Ryan Williams, Christopher Cinella, Maya Jamaleddine.

Agenda original PDF

No further agenda text.

Minutes original PDF

ORDER-2023-95 Lease Request that the City Council Approve the Written Determination that the Lease Transaction of the St. Mary’s Parish Parking Lot is a Unique Acquisition of Property pursuant to M.G.L. c. 30B. Ought to Pass City Council

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Transcript (~3 min @ 5:45)

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▶ 5:48 Speaker 2: The next order before us, uh, is order 2023 dash 95. Request that the city council approve the written determination that the lease transaction of the St. Mary's Parish parking lot is a unique acquisition of property pursuant to MLG C 30 B agenda and legal Legislative Committee. Uh, at this time, I would like to suspend the rules again and bring Shannon Phillips before the committee. If there are no objections, we will suspend the rules. Seeing no objections, the rules are suspended. Uh, Ms. Phillips,

▶ 6:28 Speaker 4: Good evening. Um, through the chair. This order is before, um, this Honorable committee tonight, uh, requesting the approval as mentioned of the written determination that the new lease, the renewal lease for the St. Mary's Parish parking lot, which is located at 46 Myrtle Street, uh, in Melrose, be declared a unique acquisition of property under general laws Chapter 30 B, section 16, which is the procurement law in Massachusetts, the city may enter into a lease agreement for real property, which includes parking lots, uh, without issuing an RFP and invitation for bids. If the government body, which in this case is the city council, determines in writing that advertising will not benefit the government body's interest because of the unique qualities or location, uh, of the property in question, given the location and size of the parking lot in question, which is 53 public parking spaces provided to the city of Melrose, um, through this acquisition, through this lease located at 46 Myrtle Street and its proximity to Main Street, um, this serves as a direct benefit to the residence of Melrose and area businesses. And the transaction, in my legal opinion, does meet the definition of unique acquisition of real property. As such, I did draft, um, an order, uh, from the Melrose City Council proposed order that we're seeking approval on tonight, um, relative to the unique acquisition and the unique qualities of this location. Um, if approved by counsel, this would be filed in the central registrar, uh, with the state of Massachusetts for 30 days prior to the mayor's execution of any lease agreement. And I'm happy to answer any questions on this. Uh, the committee may have,

▶ 8:09 Speaker 2: Uh, president gig.

▶ 8:11 Jen Grigoraitis: Thank you, Mr. Chair, and thank you for being here tonight. Just one question procedurally, so we file this, um, if this moves forward tonight, it then has to be voted on on Tuesday by the full counsel, and then it moves to be filed. Does that impact the fa like the lease expires on June 30th? Do we have,

▶ 8:30 Speaker 4: how does the, It already informed them of that? So I did inform St. Mary's that I would let them know of council's vote, um, which I expected could take place next week. Okay. Um, and there could be a bit of a delay in just, um, formally executing a copy of the agreement, given the timeline that we have to publish.

▶ 8:44 Jen Grigoraitis: Okay. And we have at least a verbal reassurance from them that Yes. Okay. All right. Thank you.

▶ 8:50 Speaker 2: Uh, what is the will of the committee?

▶ 8:53 Jen Grigoraitis: I'll make a motion to recommend for passage.

▶ 8:55 Speaker 6: Second, councilor,

▶ 8:56 Speaker 2: president Giggers makes a motion to send to the committee with approval and Councilor Eccles seconds. All in favor? Aye. Aye. You have, uh, sent it to the full committee.