Melrose Council Search

City Council — 2016-04-19

City Council Regular Meeting

Attendance

Robert A. Boisselle absent · Ward 4 Alderman; Donald L. Conn Jr. present · President, Alderman at Large; Scott M. Forbes absent · Ward 7 Alderman; Gail Infurna present · Ward 5 Alderman; Jennifer L. Lemmerman present · Ward 2 Alderman; Mary Beth McAteer-Margolis late, 7:50 PM · Alderman at Large; Monica C. Medeiros present · Alderman at Large; Peter D. Mortimer present · Ward 6 Alderman; John N. Tramontozzi present · Ward 1 Alderman; Francis X. Wright Jr. present · Ward 3 Alderman; Michael P. Zwirko present · Alderman at Large

Agenda

  1. Call to Order (0:00)
  2. ORDER-2016-141 : Regular Meeting of the Board of Aldermen to be held on Tuesday, April 19, 2016 at 7:45 P.M. in the Aldermanic Chamber, City Hall, Melrose, MA
  3. Public Participation (0:51)
  4. Communications from His Honor, The Mayor And Other City Officials (2:02)
  5. ORDER-2016-142 : Appropriation in the amount of $210,000.00 to Fire Overtime (012211-511000) from Available Free Cash (01-324001) (2:10)
  6. ORDER-2016-143 : Transfer of $14,000 from account 650052 - 528003 (Ambulance ALS Fees) to account 650052 - 529000 (Ambulance Professional Service). (2:26)
  7. ORDER-2016-144 : Appropriation from account 6500-319000 (Ambulance, Retained Earning) in the amount of $16,000.00; to A/C #650052-530514 (EMS Supplies) $10,000.00 and to A/C #650052-529000 (Professional Services) $6,000.00. This is to cover anticipated expenses. (2:47)
  8. ORDER-2016-145 : Appropriation of $547,246.05 From Available Free Cash To: A/C #84044-490000 - Contract Stabilization Fund, Transfer In - $349,746.05; A/C #84054-490000, Capital Stabilization Fund - $197,500.00 as set forth herein. (3:23)
  9. ORDER-2016-146 : Appropriation of $120,000.00 from Available Free Cash to account 012111-513000 (Police Salaries Overtime) (3:52)
  10. ORDER-2016-147 : Acceptance of $3,497Police EMD Grant for the Police Evidence Inventory Project - Fund 4024 (4:12)
  11. ORDER-2016-148 : A Transfer of $333,620.00 From Group Health account 019142-549201 and Workers Comp account 019122-543102 to various accounts as set forth within. (4:35)
  12. ORDER-2016-149 : Transfer of $20,800 from various Public Works Salary & Wages Accounts to various Public Works Accounts, as set forth herein, for Lebanon Corridor Improvements (5:10)
  13. ORDER-2016-150 : Transfer of $12,500.00 from account 014011-511000 (PW Adm Sal Salary & Wages) to account 014012-529000 (PW Admin Professional Services). (5:31)
  14. ORDER-2016-151 : Transfer of $16,250.00 from account 614511-511000 (Water, Salary & Wages) to account 614512-529000 (Water Professional Services) (5:57)
  15. ORDER-2016-152 : Acceptance of Easements at the properties set forth herein within the Essex Street Project (6:21)
  16. ORDER-2016-153 : Appropriation of $58,500 from available Free Cash to various Wyoming Cemetery Accounts as set forth herein. (6:36)
  17. ORDER-2016-154 : Transfer of 98,329.79 from group health providers to various accounts as set forth within. (6:52)
  18. Tabled (7:08)
  19. ORDER-2016-120 : Presentation by Raftelis Financial Consulting & Woodcock & Associates regarding water and sewer utility rate setting. (7:13)
  20. New Business (7:52)
  21. ORDER-2016-155 : Application of Joseph A. Dinarello, John A. Taglieri and Richard A. Talieri and for a Common Victualler License: Bananaland, Inc. d/b/a Giacomo’s Restaurant Melrose, 454 Main Street, Melrose, MA (7:57)
  22. Orders Out of Order (8:12)
  23. Orders from Committee (8:17)
  24. Reports - BOA (RULE 53) (8:21)
  25. Calendar (9:43)
  26. ORDER-2016-137 : Appropriation in the amount of $55,706.41 from Account #620000-330001 (Mt Hood Reserve fund) to Account #620000-529000 (Mt Hood Professional Services). This appropriation is necessary to fulfill contract obligations. (9:50)
  27. ORDER-2016-138 : Amending Melrose Revised Ordinances, Chapter 202 - Streets and Sidewalks, by adding Section 202-1.1: Reservation of space for city use; rights and privileges of city therein. (10:53)
  28. ORDER-2016-139 : Amending Melrose Revised Ordinances, Chapter 177 Peace and Good Order by adding Section 177-15: Chronic problem properties (12:35)
  29. ORDER-2016-140 : Application of Omar Yusuf & Faid Omar d/b/a Metroles Taxi LLC, for a Hackney Carriage License (l taxicab) (11:46)
  30. Adjournment (16:21)

Minutes

CITY OF MELROSE BOARD OF ALDERMEN BULLETIN● APRIL 19, 2016 Aldermanic Chamber Regular Meeting 7:45 PM

ORDER-2016-141 Opening Statement Regular Meeting of the Board of Aldermen to be held on Tuesday, April 19, 2016 at 7:45 P.M. in the Aldermanic Chamber, City Hall, Melrose, MA Attendee Name Title Status Arrived Robert A. Boisselle Ward 4 Alderman Absent Scott M. Forbes Ward 7 Alderman Absent Gail M. Infurna Ward 5 Alderman Present Jennifer L. Lemmerman Ward 2 Alderman Present Mary Beth McAteer-Margolis Alderman at Large Late 7:50 PM Monica C. Medeiros Alderman at Large Present Peter D. Mortimer Ward 6 Alderman Present John N. Tramontozzi Ward 1 Alderman Present Francis X. Wright Jr. Ward 3 Alderman Present Michael P. Zwirko Alderman at Large Present Donald L. Conn Jr. President, Alderman at Large Present

ORDER-2016-142 Appropriation Appropriation in the amount of $210,000.00 to Fire Overtime (012211-511000) from Available Free Cash (01-324001) Assigned to Committee Appropriations Committee

ORDER-2016-143 Transfer Transfer of $14,000 from account 650052 - 528003 (Ambulance ALS Fees) to account 650052 - 529000 (Ambulance Professional Service). Assigned to Committee Appropriations Committee

ORDER-2016-144 Appropriation Appropriation from account 6500-319000 (Ambulance, Retained Earning) in the amount of $16,000.00; to A/C #650052-530514 (EMS Supplies) $10,000.00 and to A/C #650052-529000 (Professional Services) $6,000.00. This is to cover anticipated expenses. Assigned to Committee Appropriations Committee

ORDER-2016-145 Appropriation City of Melrose Page 1 6/3/2016 7:27 PM Minutes Board of Aldermen April 19, 2016 Appropriation of $547,246.05 From Available Free Cash To: A/C #84044-490000 - Contract Stabilization Fund, Transfer In - $349,746.05; A/C #84054-490000, Capital Stabilization Fund - $197,500.00 as set forth herein. Assigned to Committee Appropriations Committee

ORDER-2016-146 Appropriation Appropriation of $120,000.00 from Available Free Cash to account 012111- 513000 (Police Salaries Overtime) Assigned to Committee Appropriations Committee

ORDER-2016-147 Grant Acceptance of $3,497Police EMD Grant for the Police Evidence Inventory Project - Fund 4024 Assigned to Committee Finance Committee

ORDER-2016-148 Transfer A Transfer of $333,620.00 From Group Health account 019142-549201 and Workers Comp account 019122-543102 to various accounts as set forth within. Assigned to Committee Finance Committee

ORDER-2016-149 Transfer Transfer of $20,800 from various Public Works Salary & Wages Accounts to various Public Works Accounts, as set forth herein, for Lebanon Corridor Improvements Assigned to Committee Finance Committee

ORDER-2016-150 Transfer Transfer of $12,500.00 from account 014011-511000 (PW Adm Sal Salary & Wages) to account 014012-529000 (PW Admin Professional Services). Assigned to Committee Finance Committee

ORDER-2016-151 Transfer Transfer of $16,250.00 from account 614511-511000 (Water, Salary & Wages) to account 614512-529000 (Water Professional Services) Assigned to Committee Finance Committee

ORDER-2016-152 Acceptance City of Melrose Page 2 6/3/2016 7:27 PM Minutes Board of Aldermen April 19, 2016 Acceptance of Easements at the properties set forth herein within the Essex Street Project Assigned to Committee Appropriations Committee

ORDER-2016-153 Appropriation Appropriation of $58,500 from available Free Cash to various Wyoming Cemetery Accounts as set forth herein. Assigned to Committee Appropriations Committee

ORDER-2016-154 Transfer Transfer of 98,329.79 from group health providers to various accounts as set forth within. Assigned to Committee Appropriations Committee

ORDER-2016-120 Presentation Presentation by Raftelis Financial Consulting & Woodcock & Associates regarding water and sewer utility rate setting. Tabled Board of Aldermen

ORDER-2016-155 License - Common Victualler Application of Joseph A. Dinarello, John A. Taglieri and Richard A. Talieri and for a Common Victualler License: Bananaland, Inc. d/b/a Giacomo’s Restaurant Melrose, 454 Main Street, Melrose, MA Assigned to Committee Protection and License Committee

ORDER-2016-137 Appropriation Appropriation in the amount of $55,706.41 from Account #620000-330001 (Mt Hood Reserve fund) to Account #620000-529000 (Mt Hood Professional Services). This appropriation is necessary to fulfill contract obligations. Passed

ORDER-2016-138 Amending Revised Ordinances Amending Melrose Revised Ordinances, Chapter 202 - Streets and Sidewalks, by adding Section 202-1.1: Reservation of space for city use; rights and privileges of city therein. Passed

ORDER-2016-139 Amending Revised Ordinances City of Melrose Page 3 6/3/2016 7:27 PM Minutes Board of Aldermen April 19, 2016 Amending Melrose Revised Ordinances, Chapter 177 Peace and Good Order by adding Section 177-15: Chronic problem properties Passed

ORDER-2016-140 License - Hackney License Application of Omar Yusuf & Faid Omar d/b/a Metroles Taxi LLC, for a Hackney Carriage License (l taxicab) Passed City of Melrose Page 4 6/3/2016 7:27 PM

Transcript

▶ 0:00 Well, welcome everybody. This is the regular meeting of the Melrose Board of Aldermen for Tuesday, April 19, 2016. Ms. O'Shea, could you call the roll, please? Alderman Boisselle. Alderman Forbes. Alderman Inferna. Here. Here. Alderman Lemmerman. Here. Here. Alderman McAteer-Margolis. Alderman Medeiros. Here. Here. Alderman Mortimer. Here. Here. Alderman Tramontozzi. Here. Here, Alderman Wright. Here. Here, Alderman Zwirko. Here. Here, President Kahn. Here. Here. Okay, we do have a quorum and- Eight present, here. Eight is a quorum. Alderman Forbes, due to this being the last day of the tax season, had a work commitment and will not be with us this evening. Please rise and join me in saluting the flag.

▶ 0:51 Peter D. Mortimer: I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. Mr. President, I make a motion to open the floor for public participation. Second. Alderman Mortimer moves that we commence public participation. The motion is seconded by Alderman Inferno. All those in favor of the motion, please indicate by saying aye. Aye. Is there anybody opposed? Motion passed. This is the portion of our meeting where any member of the public who is present and wishes to speak on any order on our agenda can come forward to the table in the center of the room and speak on any order that they wish to that's on the agenda does not appear that anyone from

▶ 1:38 the public is here this evening second motion to close public participation alderman inferno moves to close public participation motion is seconded by alderman mortimer on the motion all those in favor aye anyone opposed this concludes the public participation portion of our meeting for this evening as with all of our meetings this meeting is being taped and will be broadcast on melrose cable television in accordance with the massachusetts open meeting law order 2016-142 appropriation and the amount of 210 000 to fire overtime account zero one two two one one dash five one one zero zero zero from available free cash that order will be referred to the committee on appropriations order 2016-143 transfer of fourteen thousand dollars from account

▶ 2:31 six five zero zero five two dash five two eight zero zero zero ambulance als fees to account six five zero zero five two dash five two nine zero zero zero ambulance professional service that order will also go to the committee on appropriations order 2016-144 appropriation from account 6500-319000, ambulance retained earnings, and the amount of $16,000 to account number 650052-530514, EMS supplies, $10,000, and to account 650052-529000, professional services, $6,000. This is to cover anticipated expenses. That order will also go to the Committee on Appropriations. Order 2016-145, appropriation of $547,246.05 from available free cash to account 84044-49000, contract stabilization fund, transfer in $349,746.05

▶ 3:46 to account 84054-490000, Capital Stabilization Fund, $197,500, as set forth herein. We'll also go to the Committee on Appropriations. Order 2016-146, Appropriation of $120,000 from Available Free Cash To account 012-111-513-000, police salaries over time. That order will also go to the Committee on Appropriations. Order 2016-147, acceptance of $3,497 police EMD grant for the Police Evidence Inventory Project, fund 4024. That order will go to the Committee on Finance. Ms. O'Shea, could you also record, please, that Waldman-McAteer-Margolis is present? Order 2016-148, a transfer of $338,620 from group health insurance account number 019142-549201 and workers' comp account 019122-543102 to various accounts as set forth within.

▶ 5:09 That order will go to the Committee on Finance. Order 2016-149, transfer of $20,800 from various public works salary and wages accounts to various public works accounts as set forth herein for the Lebanon corridor improvements. Order 2016-149 is also going to be referred to the Committee on Finance. Order 2016-150, transfer of $12,500 from account 014011-511000, Public Works Administration Salary and Wages, to account 014012-529000, Public Works Administration Professional Services. That order will also go to the Committee on Finance. Order 2016-151, transfer of $16,250 from account 614511-511000, water, salary, and wages, to account 614512-529000, water, professional services. Committee on Finance.

▶ 6:21 Order 2016-152, acceptance of easements at the property set forth herein within the Essex Street project. That order will go to the Committee on Appropriations. Order 2016-153, appropriation of $58,500 from available free cash to various Wyoming cemetery accounts as set forth herein. That order will also go to the Committee on Appropriations. Order 2016-154, transfer of $98,329.79 seventy nine cents from group health providers to various accounts as set forth within that order will also go to the committee on appropriations tabled order number 2016 dash 120 presentation by raft Ellis financial consulting and Woodcock and associates regarding water and sewer utility rate setting this order was laid on the table after a presentation at our most recent meeting

▶ 7:20 Motion to remove the order from the table, Mr. President. Second. Alderman Mortimer moves that we remove order 2016-120 from the table. The motion is seconded by Alderman Zorico on the motion. All those in favor? Aye. Anyone opposed? Motion passes. The order is removed from the table and is before you. Motion to return the order to the table, Mr. President. Second. Alderman Mortimer moves to return the order to the table. The motion is seconded by Alderman Inferno on the motion. All those in favor? Aye. Is there anyone opposed? motion passes that order will remain on the table turning to new business please order 2016 dash 155 application of Joseph a dinner ello John a tag Leary and Richard a Talley Ari for a common victual or license banana land

▶ 8:05 Jennifer L. Lemmerman: incorporated doing business as Giacomo's restaurant Melrose by 454 Main Street Melrose Mass that order will go to the committee on protection and license we have any orders out of order this evening are there any orders from committee are there any reports from Alderman of outside committees pursuant to rule 53 Alderman Lemmerman thank you mr. president the school building committee met last week I unfortunately was not able to make the meeting but I did receive an update and have a conversation with Denise Gaffey afterward at the meeting the school building committee received an update on the renovations that are happening in the high school which continue to move forward as scheduled also discussed the creation of the steam lab which was

▶ 9:04 Monica C. Medeiros: recently before this board and then finally a discussion around the recommendations regarding kindergarten space for the upcoming year which was brought to the school committee at their following meeting thank you any other reports pursuant to rule 53 thank you I might have a moment of personal privilege mr. president since I'm not a member of this committee fine thanks I just wanted to point out since Alderman Forbes is not with us this evening that the water and sewer committee meeting will be held this thursday at 3 p.m if members of the public are interested in attending good thank you anyone else okay if we could turn to the calendar now please order 2016-137 appropriation in the amount of fifty five thousand seven hundred six dollars

▶ 9:58 forty one cents from account six two zero zero zero zero dash three three zero zero zero one mount hood reserve fund to account six two zero zero zero zero dash five two nine zero zero zero mount hood professional services this appropriation is necessary to fulfill contract obligations this order comes from the finance committee with a recommendation for passage motion for passage second baldwin's worker moves for passage motion is seconded by alderman MacMaster margolis is their discussion relative to this order associate could you call the roll please Alderman Inferno. Yes. Yes. Alderman Lemmerman. Yes. Yes. Alderman McAteer-Margolis. Yes. Yes. Alderman Medeiros. Yes. Yes. Alderman Mortimer. Yes.

▶ 10:46 Yes. Alderman Tramontozzi. Yes. Yes. Alderman Wright. Yes. Yes. Alderman Zwirko. Yes. Yes. Alderman Conn. Yes. Yes. Nine yes. Order 2016-137 passes. Order 2016-138, amending Melrose Revised Ordinances, Chapter 202, Streets and Sidewalks, by adding Section 202-1.1, Reservation of Space for City Use, Rights and Privileges of City Therein. This order was recommended for passage by the Legal and Legislative Committee. Motion for passage. I'm sorry, again. Second. Alderman Wright moves for passage of the order. The motion is seconded by Alderman Tramontozzi. do we have any discussion relative to this order could you call the roll please alderman inferno yes he is solomon lumberman yes he is salomon mcintyre my goal is yes he is salomon maderas

▶ 11:39 yes he is salomon mortimer yes he is salomon trima tozy yes he is alderman knight yes he is alderman Zwirko yes he is president khan yes yes nine years that order passes Order 2016-140, application of Omar Yusuf and Fayed Omar doing business as Metrolis Taxi LLC for a Hackney carriage license, one taxi cab. This order was recommended for passage in the Protection and License Committee. Motion for passage. Second. Alderman McAteer-Margolis moves for passage. The motion is seconded by Alderman Mortimer. Is there discussion? All those in favor of passage of the order, please indicate by saying aye. Aye. Aye. Anyone opposed? That order passes. Is that 139? Yeah, one more. Order 216-140. Can we just do 139?

▶ 12:35 Mary Beth McAteer-Margolis: Point of order, Mr. President. We missed 139. We're fine. Could you please read Order 2016-139? Amending Melrose Revised Ordinances, Chapter 177, Peace and Good Order by Adding Section 177-15, Chronic Problem Properties. can't we can't lose our lose our way if we if we this order was recommended for passage by the legal and legislative committee motion for passage second Alderman Wright moves for passage the motion is seconded by Alderman Mortimer is the discussion relative to this order Alderman McAteer-Margolis thank you mr. chairman I had a couple of questions regarding this order and as it's as it related to individuals with disabilities or group homes and our city solicitor assured me that there was protections already in place to cover those and that

▶ 13:36 Monica C. Medeiros: this was primarily dealing with criminal activities so I feel very comfortable in supporting this order yeah it's actually exclusively dealing with criminal activities not primarily thank you thank you mr. president I wanted to also say that I had also had some concerns and that I had asked mr. van Kampen to elaborate on our city solicitor and he has provided an email to the board which I have here dated Tuesday April 19th at 1 25 p.m. not sure if we need to move to add this to the order second you know actually we should add all communications from Mr. VanCampen, and I would ask... They're already in there. They're already in there. They are. They are attached. Some procedurally, there's been some questions about...

▶ 14:28 Monica C. Medeiros: We have a motion made by Alderman Medeiros. Second. Seconded by Alderman Mortimer to make the communications from Mr. VanCampen part of the record of this order. On the motion, all those in favor? Aye. Anyone opposed? Motion passes. Thank you. Alderman Medeiros, you have the floor. Thank you. and I do believe that Mr. Van Campen has answered my questions I did also get a chance to speak with him today and some of my concerns were that if we had particularly if we had a landlord who was kind of stuck with a bad tenant felt they couldn't get rid of did they have the remedies to to do so before we started maybe making this situation worse by assessing fines in most cases he explained that if there was a provision in the in the lease agreement

▶ 15:18 Monica C. Medeiros: they would be able to use this as fodder to start eviction processes and if so then the city would stop this would trigger relief from the city of further assessments to that landlord and if a tenant was there at will they could a landlord could start eviction processes at any time furthermore we kind of had a discussion that most most leases are usually for a year so that would somebody could simply non renew so I feel that those concerns have been addressed and I appreciate that and thank you very much thank you any further discussion relative to this order so shake could you call the roll please. Alderman Inferno. Yes. Yes. Alderman Lemmerman. Yes. Yes. Alderman McAteer-Margolis. Yes. Yes. Alderman Medeiros. Yes. Yes. Alderman Mortimer. Yes. Yes.

▶ 16:13 Alderman Tramontozzi. Yes. Yes. Alderman Wright. Yes. Yes. Alderman Zwirko. Yes. Yes. President Conn. Yes. Yes. Nine yes. That order passes. Motion to adjourn. Second. Yeah and before I take a vote on the motion to adjourn just for the members the public who may be watching us it is my information that we shall be receiving the city of melrose budget for the upcoming calendar year on may 2nd at that at our meeting we're anxiously awaiting the receipt of the budget um on the motion to adjourn all those in favor All right, anyone opposed motion passes meeting is adjourned. Thank you folks

Original documents