City Council — 2016-07-18

City Council Regular Meeting

This meeting starts at 2:58 in a recording that covers several meetings.

Attendance

Robert A. Boisselle present · Ward 4 Alderman; Donald L. Conn Jr. present · President, Alderman at Large; Scott M. Forbes present · Ward 7 Alderman; Gail Infurna present · Ward 5 Alderman; Jennifer L. Lemmerman present · Ward 2 Alderman; Mary Beth McAteer-Margolis present · 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

Minutes

CITY OF MELROSE BOARD OF ALDERMEN BULLETIN● JULY 18, 2016 Aldermanic Chamber Regular Meeting 7:45 PM

ORDER-2017-1 Opening Statement Regular Meeting of the Board of Aldermen to be held on Monday, July 18, 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 Present Scott M. Forbes Ward 7 Alderman Present Gail M. Infurna Ward 5 Alderman Present Jennifer L. Lemmerman Ward 2 Alderman Present Mary Beth McAteer-Margolis Alderman at Large Present 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-2016-205 License - Gasoline Storage Application for a License for the keeping of 32 motor vehicles with gasoline (parking garage) at 37 Washington Street, Melrose, MA by WDF-3 Wood, 37 Washington Owner, LLC in accordance with Melrose City Ordinances - Chapter 137-1 and MGL Chapter 148, Sec. 13 Passed

ORDER-2016-206 Utility Petition Petition of Comcast to install underground conduit, 37 Washington St: From existing pole#2434 on Washington St., place (1) 4" pvc conduit 5' +/- in an Easterly direction to property of 37 Washington St. as shown on plan dated June 9, 2016 Passed as Amended

ORDER-2017-2 Grant City of Melrose Page 1 8/10/2016 3:29 PM Minutes Board of Aldermen July 18, 2016 Acceptance of the FY15 Assistance to Firefighters Grant for EMS equipment in the amount of $100,500.00 for the Fire Dept; fund # 2468 Assigned to Committee Appropriations Committee

ORDER-2017-3 Appropriation Appropriation from A/C#6500-330001 (Ambulance, Reserve of Retained Earnings) in the amount of $9,136.00 be made to A/C#246815-490000 - FY15 Assistance Firefighters Grant (AFG). Assigned to Committee Appropriations Committee

ORDER-2017-4 Appropriation Appropriation in the amount of $87,176.97 From A/C # 84054-490000 Capital Stabilization Fund To: A/C # 019313-551049 (Capital Outlay Police Vehicle). Assigned to Committee Appropriations Committee

ORDER-2017-5 Appointment Appointment of Neal Ellis, 17 Pine St., Wakefield, to the position of Information Technology Director. Assigned to Committee Appropriations Committee

ORDER-2017-6 Appointment Appointment of Ellen P. Connolly, 7 Union St., to the Melrose Housing Authority for a five-year term; said term to expire on the first Monday in March 2019. Assigned to Committee Health, Education & Welfare Committee

ORDER-2017-7 Authorization Communication from Massachusetts State Lottery Commission regarding KENO To Go License at Franklin Market, 463 Franklin St., Melrose, MA Assigned to Committee Protection and License Committee

ORDER-2016-207 License - Hackney License Application of Sintayehu D. Selasie d/b/a Adama Taxi, Inc., for a Hackney Carriage License (1 Cab) at Essex Street Stand. Passed City of Melrose Page 2 8/10/2016 3:29 PM

Transcript

▶ 3:08 18th 2016 here we have a quorum but if you're ready please rise and join me in 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. The proceedings this evening will be recorded and will be broadcast on Melrose cable television in accordance with the provisions of the Massachusetts Open Meeting Law. Motion to open the floor for public participation, Mr. President. Second. Alderman Mortimer moves to commence public participation. Motion is seconded by Alderman Inferno. On the motion, all those in favor? Aye. Anyone opposed? Motion passes. This is the portion of our meeting where if anybody were in fact in the chamber this evening and

▶ 4:23 wanted to speak on any order on our agenda, they could come forward, identify themselves, and they would be given an opportunity to speak. Motion to close public participation, Mr. President. Second. Alderman Mortimer moves to close public participation. The motion is seconded by Alderman Forbes on the motion. All those in favor? Aye. Anyone opposed? Motion passes. Public participation is hereby concluded for this evening. Order 2017-2, acceptance of the fiscal year 15 assistance to firefighters grant for EMS equipment in the amount of $100,500 for the fire department. Fund number 2468. That order will be referred to the Committee on Appropriations. Order 2017-3, appropriation from account 6500-330001,

▶ 5:15 ambulance reserve of retained earnings in the amount of $9,136, to be made to account 246815-490000, fiscal year 15 assistance firefighters grant. That order will also be referred to the Committee on Appropriations. Order 2017-4, appropriation in the amount of $87,176.97 from account number 84054-490-000, Capital Stabilization Fund, to account number 019313-551049, Capital Outlay Police Vehicle. This order will also go to the Committee on Appropriations. Appointment of Neil Ellis, 17 Pine Street, Wakefield, to the position of Information Technology Director. That order will go to the Committee on Appropriations. Order 2017-6, appointment of Ellen P. Connolly, 7 Union Street, to the Melrose Housing Authority

▶ 6:19 for a five-year term, said term to expire on the first Monday in March 2019. That order will go to the Committee on Health, Education, and Welfare. Order 2017-7, communication from Massachusetts State Lottery Commission regarding keynote to go license at Franklin Market, 463 Franklin Street, Melrose, Mass. Alderman McAteer-Margolis. Thank you, Mr. Chairman. I rise to request immediate consideration for this order. Alderman McAteer-Margolis seeks immediate consideration of order 2017-7. there an objection to immediate consideration? There is not. You're moving to suspend the rules. Second the motion to suspend the rules. Alderman McAteer-Margolis moves to suspend the rules in order that we might discuss order 2017-7. The motion is

▶ 7:11 Mary Beth McAteer-Margolis: seconded by Alderman Mortimer on the motion to suspend the rules. All those in favor? Aye. Anyone opposed? Motion passes. The rules are suspended. The order is before you and hopefully everybody has seen a letter from Michael R Sweeney executive director of the Massachusetts State Lottery Commission to mr. Van Kampen dated June 27th 2016 I'll Mac Tam our goal issue of the floor thank you mr. president just to refresh the committee's memory and for the public this was originally submitted by the lottery December 7th 2015 and on December 23rd this board duly voted to object to this application in the agreement and at that point we did not hear back from the lottery until the most recent letter that you have referenced yeah well we actually had a

▶ 8:14 John N. Tramontozzi: a letter sent at the direction of the board indicating that we were not in favor of this application and now we have right December 23rd yep which I have a copy of if anybody's interested so the order is before you it does seem as though this particular establishment did have a keynote to go I believe prior to the new ownership and my thought is that that's why the lottery is pursuing it again Thank You Alvin chairman cozy yes thank you I think historically in the past this board has objected to these keynote the goes to go licenses throughout the city so I don't see any reason why we should change that position however my question is whether or not in spite of the date of this letter that we need to renew our letter submit a new letter I know we did

▶ 9:19 submit an objection that was submitted prior to this letter wasn't it well the letter that was sent to us by the director of the state lottery indicates that we don't if we do not act on this it will pass by operation of law due to our failure to vote on it so then I would make a motion to send the letter in optical opposition to the keynote to go license second that motion Alderman Tremont ozi moves that we indicate that the we the board indicates that the board is not in favor of the grant of this license at this location the motion seconded by Alderman Mortimer, is the discussion. Alderman McAteer-Margolis. Just again to let the committee know, I believe there are nine current licenses of Keno to go in Melrose.

▶ 10:15 Monica C. Medeiros: They are not Keno parlors, they don't have a video screen and they don't, by their statement in the letter, they are not intending that at this time. So I'm not sure that we're preventing a lot of, it's not like they're not in existence in the whole community. Thank you. Alderman Medeiros. Thank you, Mr. President. And I am certain that we have sent letters objecting to these licenses in the past, and I think that the state may have gone ahead and granted these without, despite our objections. i would like to amend if alderman Tramontozzi is is willing to include with our letter of objection copies of some of the prior letters of objections for various locations um just for informational purposes to send back to the the lottery along with our objection well i don't think

▶ 11:20 John N. Tramontozzi: i don't think i hear any problems with that um maybe maybe i just need some clarification if if to you mr president to anybody who knows uh um there's a difference between keno the go and just regular keno right so they there are establishments in the city that can do keno if i might i think the gentleman from the lottery um i don't know where he would ever get the impression that we don't know what we're what we're talking about but um i i think that uh he feels that the board must think that this is a license for a keno parlor so I think that he sent this letter just to make certain that that the board understood that they were not licensing a keno parlor with a display screen and this was just a keno license I only throw that out to you because that's

▶ 12:11 John N. Tramontozzi: what mr. van Kampen indicated to me thank that that's great that's a good clarification so maybe our objection could be the objection to any idea or use of the premises as a keynote power as they refer to it again keeping in line with that with the the city as a whole effect if there are keynote licenses that other establishments have then why should then this one not have it similar to existing licenses in the city as opposed to extending it to this um keynote power power description okay are you withdrawing your original motion alderman trim and tozy i think i will withdraw the original motion uh in deference to the water alderman i will withdraw my second thank you alderman medeiros i'd like to move for a two-minute recess uh as i know we have

▶ 13:10 other items coming forward at eight o'clock uh to review our records and see if in fact we have objected to prior keno to go licenses because i believe we have yeah i don't think there's any dispute that we have in the past um so you're moving to table this order and proceed with the business of the board uh then why don't we do that are you very are you moving towards this or a two-minute recess Alvin Medeiros moves for two-minute recess there a second second on the motion for a two-minute recess all those in favor not anyone opposed motion passes the board stands in recess a board is back from from a short recess we're continuing our considering one of 2017 dash seven the order is before you father medeiros since alderman trey matusi's

▶ 14:36 Monica C. Medeiros: withdrawn his motion i would like to make that motion that we send a letter objecting to this license you know just because the state has acted without our approval doesn't mean it hasn't been our intention that we over the course of several years my time on the board i can't recall that we've ever not objected to one of these license applications um so therefore i would like to move to object i'll second the motion alderman medeiros is moving that we send a letter to the lottery commission indicating that the board does not approve of the grant of the license at that location the motion is seconded by Alderman Mortimer is there any discussion on the motion Alderman Forbes thank you mr. president I just wanted

▶ 15:29 Scott M. Forbes: first some clarification if somebody could just enlighten me if you were to get a keynote a go ticket what is the difference getting a keynote a go ticket going on you're going on a device putting in the game number and see if you won what is the difference between that and buying any one of the 50 scratch tickets that are available at a gas station or a Powerball ticket or any type of quick pick that is available in the community I don't understand the negative part of it so if somebody could if if there is any feedback on that I would greatly appreciate it but I just don't understand if this is just yet another game that's being commissioned by the Massachusetts State Lottery why we would be objecting to it I'm just looking for a little bit of

▶ 16:10 Michael P. Zwirko: clarification for my peers thank you Thank You Alderman Forbes Alderman So just to answer your question, Alderman Forbes, I do agree with you in principle there is very little difference between a Powerball ticket and a keynote ticket. What I would say the difference with the keynote to go is the keynote is I believe every two or three or four minutes. So it can, although scratch tickets arguably can do the same thing, allow for loitering on premises due to the frequency of the keynote games. So now while you're not seeing the results on a monitor via Kino2Go, they are available through many other personal devices, and one could purchase a ticket for 10 games, allow time to expire, reenter the premises.

▶ 16:56 Monica C. Medeiros: So it could certainly encumber loitering of some area of the premises. I think that's the difference. But to your point, yes, keno with a TV monitor, generally those are done in facilities that have seats for individuals to play, et cetera. But that is the only distinction that I can make between a scratch ticket and a keno and a Powerball, et cetera. MR. DeRose. MS. Thank you. That and, you know, because of the frequency, there is a risk to those who are susceptible that they can spend perhaps more money than they can afford. I mean, gambling is an addictive, to some people, pastime. And you can easily, certainly that can happen with the scratch ticket, with the other kinds of tickets, like the daily number and things like that.

▶ 17:59 Monica C. Medeiros: They're happening maybe once a day, twice a day, sometimes with the daily number. happen every few minutes is a much greater frequency also i would say that we're supposed to as municipalities receive you know so much of the proceeds back from the lottery and unfortunately we're not seeing that come back to the cities and towns in the way that the law is is promised so it's not necessarily that we're seeing so much of a benefit for the potential risk thank you anything further on this motion Alderman McAteer-Margolis. Just in reviewing some of our minutes from the past meetings, it does, we do have an indication from this past January in reference to the previous request for this same license

▶ 18:48 that there were currently nine keynote to go licenses in Melrose. That would be including this one, which had not yet been approved because of the previous owners, but they did have one at that site previously. Yeah, I don't think there's any dispute that there are licenses, but I also don't think there's any dispute that we haven't authorized a new one sometime. Right. Anything further on the motion? All those in favor of the motion to send a letter of objection, please indicate by saying aye. Aye. Anyone opposed? Opposed. Okay, it looks like the motion passes. Do we have any- Mr. President, I make a motion for reconsideration in the hopes that it fails. Alderman Wright is moving for reconsideration

▶ 19:38 the vote in hopes that it fails second this seconded in the event that you vote for reconsideration a an affirmative vote is that you wish to reconsider your vote if you wish not to reconsider your vote you vote against the motion or nay all those in favor of the motion for reconsideration please indicate by saying aye aye anyone opposed to the motion for reconsideration we have any new business this evening madam clerk license from earlier are there any orders out of order this evening so that goes to protection and license now we're gonna get to orders from committee in a minute I'm asking for orders out of order are there any orders out of order we have any orders from committee. Alderman McAteer-Margolis. Mr. Chairman, we have the order from

▶ 20:38 Mary Beth McAteer-Margolis: protection of license that we did earlier this evening, 2016-207, an application of Centinehu Silici doing business as a Dalmataxi for a Hackney carriage license for one cab at the Essex Street stand, which comes recommended from the protection of license committee. Second the motion to remove the order from committee, Mr. President. Alderman McAteer-Margolis moves to remove order 2016 at 2 0 7 from committee the motion is seconded by Alderman Mortimer on the motions remove the order from committee all those in favor please indicate by saying aye aye is there anyone opposed that motion passes the order is removed from the protection and license committee and it is before you motion for passage second Alderman McAteer-Margolis moves for

▶ 21:23 Gail Infurna: passage of the order the motion is seconded by Alderman Boisselle all those in favor of passage of the order please indicate by saying aye aye aye anyone opposed that order passes we have any reports from any aldermanic member of any outside committees in accordance with rule 53 alderman inferno thank you very much mr president uh the master plan um advisory group was met uh last week and we had a nice lively conversation on economics and housing um so we'll be meeting probably in a few more months to do things these are all just drafts that we've been doing and also the traffic commission will be meeting again in september i don't have the date but usually it's like third wednesday but i'll keep you posted on that thank you walden anyone

▶ 22:10 else if we could move on at 8 p.m this evening we are scheduled to have an order a public hearing on order 2016-205 application for license for the keeping of 32 motor vehicles with gasoline at 37 Washington Street Melrose Mass and the applicant is WD f3 wood owner of the property motion to open public hearing all the old men in fact I was to commence the public hearing the motion seconded by Alderman on the motion all those in favor anyone opposed anybody who wish to speak at the public hearing could come forward please and identify themselves sure my name is carolyn and i represent that complicated entity wdf-3 wood 37 owner comma llc i think if i got that right um but we just wanted to um thank the alderman for um hearing this tonight we're um it's been part of the plans

▶ 23:13 Gail Infurna: and it's been approved by the fire department um so we don't expect it to be controversial but thank you for your time thank you is there anybody else who wishes to speak on this public hearing issue does not appear to be alderman inferno thank you very much mr president as carolyn did state that this was all pre-approved by the um planning um board beforehand and it's just a matter of um licensing just for the gasoline that these cars will have on the premises so So chair would entertain a motion to conclude the public hearing. So moved. Alderman Forbes moves to conclude the public hearing. Seconded by Alderman McAteer-Margolis on the motion. All those in favor? Aye. Anyone opposed? Motion passes.

▶ 23:59 The public hearing on that order is concluded and the order is before you. Motion for passage. Second. Alderman Inferna moves for passage. The motion is seconded by Alderman Mortimer. Is there any discussion on the motion? Ms. O'Shea, could you call the roll, please? Alderman Boisselle. Yes. Yes. Alderman Forbes. Yes. Yes. Alderman Inferno. Yes. Yes. Alderman Lemmerman. Yes. Yes. Alderman McAteer-Margolis. Yes. Yes. Alderman Medeiros. Yes. Yes. Alderman Mortimer. Yes. Yes. Alderman Tramontozzi. Yes. Yes. Alderman Wright. Yes. Yes. Alderman Zwirko. Yes. Yes. President Conn. Yes. Yes. 11 yes. That order passes. We have a second public hearing scheduled for this evening on Order 216-206, Petition of

▶ 24:47 Comcast when stall underground conduit at three at 37 Washington Street from existing pole on Washington Street in an easterly direction to property of 37 Washington Street as shown on a plan submitted with the order chair would entertain a motion to commence the public hearing second Alderman McAteer-Margolis moves to commence the public hearing the motion is seconded by Alderman forbes on the motion all those in favor anyone opposed motion passes sir could you identify yourself please i'm jim fitzpatrick from comcast and could you briefly describe the work that's being proposed please sir well we're uh coming off the existing telephone pole let's pull 24 34 on Washington Street with one four inch conduit going under the sidewalk to feed right

▶ 25:44 into 37 Washington to feed the residents there with Comcast services and can you tell the board when you expect to perform this work if this is passes this evening I'm sorry can you let us know when you expect to perform this work if this order were to pass this I just waiting for the developer put the conduit in and once he gives me the go-ahead we can pull our cable okay okay thank you sir thank you anyone else who wishes to speak chair would entertain a motion to close the public area moved second father mortimer moves to conclude the public hearing the motion is seconded by alderman forbes chair recognizes alderman inferno thank you very much if the applicant could come up to the chair again just a couple of questions i know we've had a prior order before us and i

▶ 26:33 Gail Infurna: I believe it was some National Grid to open up a strip there also I was just kind of curious do you know if this is the same strip at all and maybe Carolyn might even know that I did not go back and review you know we've granted rights down in that area for National Grid I think to put some conduit in there I was just kind of curious if this was the same area and it's kind of unfortunate that we're opening it up twice agreed and I think the hope is that they'll do in the same area and minimize kind of all of the chaos and mm-hmm I suspect this is probably a quieter time for traffic down in that area than if we wait until September also would there be police detail on this I'm sorry police detail yeah yes and I see that we have done this before and we have a memo here

▶ 27:35 Gail Infurna: from DPW regarding the times of your working hours to be 9 30 a.m. to 3 30 and that's to take in consideration the traffic flow down there as well as the daycare that's right there so we appreciate that being in there and I also see that you will be repairing or replacing any sidewalk disruption that you do any curbing any street it will be put back to the condition that it's in now yes okay and so with that being said I have not heard from any neighbors down there regarding this so I would also like to enter into the records I'll make a motion at the after we close the public hearing to accept the memo from DPW into that records which dated some of those things and Alderman Inferna is moving that the board accept the six conditions that are set forth in the

▶ 28:33 Gail Infurna: memorandum of July 18th 2016 from the Public Works Department is that correct second the motion motion second by Alderman Mortimer is there discussion on the motion on the motion to amend the grant of location to accept the conditions all those in favor anyone opposed motion to amend is passed for the discussion I don't have any other concerns it's just that if this is hopefully we can move forward as quickly as possible with this as it is the quiet time of the year down in that area and also just being cognitive the neighbors down there with any sort of dust or anything if it really gets tough you maybe need to wash it down but thank you thank you all the right Thank You mr. president question for the owner as opposed to Comcast will there be a an

▶ 29:27 Francis X. Wright Jr.: additional conduit put installed or will there be a sufficient room in this conduit to allow for fire service as well yes okay we don't need to tear it again okay that's right great we have no interest in tearing it up and we do I mean residents of the city do have two cable services so make sure your residents have the same opportunity great Thank You mr. thank you Alderman Boisselle and then Alderman McAteer-Margolis you mentioned you're waiting for the contractor to finish the job is this your contractor or the developer it's developers contractor yeah they're putting the conduit in and you're just running the wires through it yeah so you have no construction aspects of this at all no why is he here you're saying you're not

▶ 30:20 doing any of the point of information utility work has to be done pursuant to between the contractor who's actually doing the work if I could finish my information private contractor would not have a right to open a public street or sidewalk all right so you to do work involving a public doing a utility so the utility company is the appropriate applicant for the permit it issues in their name and they would be responsible in the event that there were problems relative to the performance of the work okay very good thank you very much thank you welcome to McAteer Margolis thank you regarding the conduit and the size to be able to include the Fios Verizon it seems to me the last time we did one

▶ 31:04 Francis X. Wright Jr.: of these we also had a provision to allow enough space so that the city would have room to run a conduit to run a line perhaps Alderman Wright may be able to expand on that further and when we did it behind Papagino's and I'm not seeing anything to that effect here and I wonder if that's something that we should be considering all right if you care to respond there's an ordinance that we passed at that time it did not include the papagino's conduit that i don't know if it was on the same agenda or the next agenda but um anytime a conduit is laid by ordinance there has to be a shadow conduit provided for the city's usage so i would want to make sure you comply with that to the extent i'm not sure it applies here if it's only running from the sidewalk

▶ 31:59 Francis X. Wright Jr.: to the building but you would want to check the ordinances the city clerk could help you with that as opposed to being actually in the roadway because the goal obviously is not the tear up the streets more than we have to so if we're gonna lay a conduit we want miles will lay a shadow conduit just to make sure that we prevent you know we can just pull it as opposed to having to tear up and bury it again thank you thank you you have the floor Alderman thank you Alderman Wright I was sure we had done something of that nature but it wasn't sure how it related to this particular order my only other question is once you start the work approximately how long do you expect it to take a couple of days my work probably done in a day okay yeah it's just pulling one

▶ 32:48 one wire in and then splicing it and we could do it all do it all in a day okay Fine, thank you. Thank you. Anything further? All, Madam Clerk, could you call the roll on the order as amended, please? Motion, do we have a motion to recommend to be, motion to recommend as amended? Second. Alderman Inferno moves to recommend as amended. The motion is seconded by Alderman Vision. On the motion, all those in favor? Aye. Anyone opposed? Madam Clerk, could you call the roll, please? Alderman Vision. Yes. Yes, Alderman Forbes. Yes. Yes, Alderman Inferno. Yes. Yes, Alderman Lemmerman. Yes. Yes, Alderman McAteer-Margolis? Yes. Yes, Alderman Medeiros? Yes. Yes, Alderman Mortimer? Yes. Yes, Alderman Tramontozzi?

▶ 33:31 Yes. Yes, Alderman Wright? Yes. Yes, Alderman Zwirko? Yes. Yes, President Conn? Yes. Yes, 11 yes. That order passes. Thank you, folks. Thank you. Thank you. Okay, I believe that concludes the business of the board for this evening. Motion to adjourn, Mr. President. Second. Second. Order removed to adjourn. The motion is seconded by Alderman Boycelle. All those in favor of adjournment indicate by saying aye. Aye. Anyone opposed? Motion passes. Board stands adjourned.

City Council — 2016-07-18

Attendance

Agenda

Minutes

Transcript

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