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Legal & Legislative Committee — 2015-01-29

Legal & Legislative Committee Meeting

This meeting starts at 11:18 in a recording that covers several meetings.

Attendance

Jaclyn L. Bird present · Alderman at Large; Robert A. Boisselle present · Nonvoting Member; Donald L. Conn Jr. present · President/Ex-officio Member; Scott M. Forbes present · Ward 7 Alderman; Gail Infurna present · Nonvoting Member; Mary Beth McAteer-Margolis present · Nonvoting Member; Monica C. Medeiros present · Nonvoting Member; Peter D. Mortimer present · Ward 6 Alderman; John N. Tramontozzi present · Chairman; Francis X. Wright Jr. present · Vice Chairman

Agenda

  1. Call to Order (11:21)
  2. Public Participation (11:42)
  3. Orders (12:43)
  4. ORDER-2015-90 : Amending Melrose Revised Zoning Ordinance, Chapter 235, Article III, Section 235-6 (Division into districts) and other related zoning amendments as set forth herein, for the Commuter Rail Station Areas. (12:51)
  5. ORDER-2015-94 : Amending Rules of Order of the Board of Aldermen by adding Rule 32A - Resolutions as set forth herein. (15:34)
  6. Adjournment (21:06)

Minutes

CITY OF MELROSE LEGAL & LEGISLATIVE COMMITTEE CALENDAR● JANUARY 29, 2015 Aldermanic Chamber Committee Meeting 7:40 PM The public should take notice that the Melrose Board of Aldermen may, on certain occasions, have a quorum in attendance due to standing committees of the Board of Aldermen consisting of both voting and non-voting members. Members attending this duly posted meeting are participating and deliberating only in conjunction with the business of the standing committee. Attendee Name Title Status Arrived John N. Tramontozzi Chairman Present Francis X. Wright Jr. Vice Chairman Present Peter D. Mortimer Ward 6 Alderman Present Scott M. Forbes Ward 7 Alderman Present Jaclyn L. Bird Alderman at Large Present Donald L. Conn Jr. President/Ex-officio Member Present Robert A. Boisselle Nonvoting Member Present Gail M. Infurna Nonvoting Member Present Mary Beth McAteer-Margolis Nonvoting Member Present Monica C. Medeiros Nonvoting Member Present

ORDER-2015-90 Amending Revised Zoning Ordinances Amending Melrose Revised Zoning Ordinance, Chapter 235, Article III, Section 235-6 (Division into districts) and other related zoning amendments as set forth herein, for the Commuter Rail Station Areas. Without Recommendation Board of Aldermen

ORDER-2015-94 Amending Rules of Order of the Board of Aldermen Amending Rules of Order of the Board of Aldermen by adding Rule 32A - Resolutions as set forth herein. Recommend as Amended Board of Aldermen City of Melrose Page 1 Updated 2/3/2015 12:13 PM

Transcript

▶ 11:16 John N. Tramontozzi: adjourned for the Finance Committee good evening moving right along this is the legal and legislative committee of the Board of Aldermen for the City of As you've heard before from the other committee chairman, this meeting is being recorded pursuant to the Massachusetts open meeting laws for future viewing of the public. All in favor of public participation? Very good. We have a motion by Alderman Mortimer for open the floor for public participation. Second. Seconded by Alderman Forbes. On the motion, all in favor? Aye. Any opposed, seeing none. This is the opportunity for any members of the public who wish to come forward to speak on any matters on the agenda this evening. You can come forward.

▶ 12:24 John N. Tramontozzi: You're always welcome, all members of the public welcome to any of our meetings. Motion to close public participation. Second. All right, seeing nobody coming forward, there's a motion to close public participation by Alderman Mortimer, seconded by Alderman Forbes. On the motion, all in favor? Aye. Any opposed, seeing none, the public participation portion of the meeting is closed. Excuse me, we have two orders on the agenda this evening. First order is order 2015-90, amending Melrose Revised Zoning Ordinance Chapter 235, Article 3, Section 235-6, a division into districts and other related zoning amendments as set forth herein for the commuter rail station areas. This was an order offered by the Honorable Mayor Robert J. Dolan.

▶ 13:14 John N. Tramontozzi: procedural matter we are compelled by Massachusetts general laws chapter 48 to refer this order to the Planning Board the Planning Board will have an opportunity to review it and make recommendations we will also set a joint public hearing for February 17 2015 at 8 p.m. with the Board of Aldermen here in these chambers and so with that in mind I'll entertain a motion to refer the matter to the planning board as required by Mass General laws chapter so move a second so we have that motion by Alderman Forbes a voting member of this committee seconded by Alderman Mortimer a voting member of this committee any further discussion seeing none all in favor aye any opposed seeing none so the this order as required is being referred to the planning board now we have to set

▶ 14:06 John N. Tramontozzi: the public hearing motion to recommend this order motion to move this order forward without recommendation for purpose of setting the public hearing all right so we have a motion be by alderman water more to to set the date for a joint public hearing first for February 17 2015 at 8 p.m. as your second on that motion seconded by alderman Forbes on the motion all in favor any opposed none good so now we have this set for a public hearing a joint hearing with the full board of alderman and that will be for the public's information in uh public are invited to come in to speak on this february 17 2015 at 8 pm now we'll uh the re the order will now be referred uh to the board of alderman uh without recommendation

▶ 14:55 John N. Tramontozzi: at this point in time and that was uh alderman mortimer thank you is there a second on that motion second second by alderman bird on discussion i see uh alderman Boisselle just that which is out of curiosity for the public hearing will this material be available to the public online it will be okay absolutely so no further discussion uh we see we have a motion that's been offered and seconded all in favor any opposing not great thank you so that order is now uh move forward we now have the second order on the agenda is order 2015-94 amending rules of order of the board of aldermen by adding rule 32a resolutions as set forth here in what is the will of the committee on on this particular order uh president khan uh yeah i i'll make a motion to

▶ 15:51 recommend this order for passage second the motion yeah thank you and if i could have the floor briefly for discussion um you guys all know that there's never a year that goes by where i don't feel some compulsion to try to change tweak or do what i think makes the rules of the board of all the better um next year i'll try not to do it but i've never been able to successfully do it yet This order would require that when an order to give a group or an individual a resolution or a citation is filed that the text of the resolution accompany the order and that if the text of the resolution is not with the order, then the order cannot be placed on the agenda. I would suggest this does two things and it serves two purposes.

▶ 16:46 It's certainly more efficient for us to have the full text of an order when it's filed and comes on our agenda. Also, I think in the interest of compliance with public meeting law and openness and making sure that the public is aware of what we're doing, this might seem like a small matter, but if we file an order and we're giving someone a written resolution, then the public should to be able to see it from the beginning. This is not a big deal, it's a small deal. I think it's worth doing and I would ask that you support it. Very good, any further discussion? Alderman Ferland. Thank you very much, Mr. Chairman. I'm not a voting member of this committee, but as one of the makers of the order

▶ 17:35 Gail Infurna: along with Alderman Conn and I appreciate him also getting on in the order. And once again, to make the meetings more efficient, I would like to make an amendment to say, and the honoree confirmed their presence, or actually confirmed their attendance at the time the resolution is introduced. So that we're just not seeing that repeated over and over and over, and once again, in the spirit of being efficient, and the honoree confirmed their attendance at the time the resolution is introduced. And once again, I'm not a voting member, so I hope someone maybe could confirm that amendment. All right, so there is a suggestion by Alderman Inferna to add that language to the order. If there is a voting member of the committee

▶ 18:35 Francis X. Wright Jr.: who wishes to adopt that, I'll entertain a motion. Obviously, you can address that again at the full board uh when it comes up for uh for hearing at that time alderman wright thank you mr chairman um i would be willing to um put forth alderman inferna's proposed amendment um with my own amendment thereof which would be um after the word honoree i would put in parentheses an s in case it's plural honorees comma if any comma because if we don't have if we're proposing a resolution say honoring the veterans or honoring there may be nobody to come forward so rather than have any ambiguity i just want to allow for some clarity in that aspect of it but But other than that, I would support and propose Alderman Inferna's resolution as amended by me, further amended by me.

▶ 19:46 John N. Tramontozzi: Second. Okay. Any further discussion? Do we have, Madam Clerk, did we get all that down? Or could we read that for the full, for the committee's edification? Yes. um it would be amended so that it also states in the honorees comma if any comma confirm their attendance at the time the resolution is introduced okay so we have a motion by alderman right to amend the order uh as stated second that um motion is seconded by alderman forbes any further discussion on the amendment all in favor aye any opposed okay so now we have uh do we have a motion uh regarding the order as amended motion to recommend so moved all the right moves the order as amended for moves for passage a recommendation on me and it's seconded by

▶ 20:58 John N. Tramontozzi: alderman bird any further discussion seeing none all in favor aye aye any opposed okay so that order as amended is uh recommended to the full board for passage second motion to adjourn by alderman mortimer seconded by alderman forbes on the motion all in favor aye aye any opposing then we are adjourned thank you and good evening

Original documents