City Council — 2017-10-02

City Council Regular Meeting

This meeting starts at 18:30 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● OCTOBER 2, 2017 Aldermanic Chamber, Melrose City Hall Regular Meeting 7:45 PM 562 Main Street, Melrose, MA 02176

ORDER-2018-28 Opening Statement Regular Meeting of the Board of Aldermen to be held on Monday, October 2, 2017 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-2018-25 Utility Petition Petition of National Grid to install approximately 30' of 2-4" Underground Conduits from existing pole 1768 for service to 10 Corey Street, Melrose as shown on Plan #24104848 Passed as Amended

ORDER-2018-29 Proclamation Proclaiming the month of October 2017 as Domestic Violence Awareness Month Placed on File

ORDER-2018-30 Appointment Appointment of Jacklyn Varela, 64 Vinton St., Unit 4, to a three-year term on the Commission on Women; said term to expire on the last day of February 2020. Assigned to Committee Health, Education & Welfare Committee

ORDER-2018-31 Amending Revised Ordinances City of Melrose Page 1 10/26/2017 4:17 PM Minutes Board of Aldermen October 2, 2017 Amending Melrose Revised Ordinances by adding Chapter 132 - The Demolition of Historical Structures in the City of Melrose as set forth herein. Assigned to Committee Legal & Legislative Committee

ORDER-2018-32 Calling Election Calling City Election, Tuesday, November 7, 2017 Passed

ORDER-2018-33 License - Class II Motor Vehicle Application of Anthony P. Pasquale d/b/a C.M.C. Classic Muscle Cars, LLC for a Class II, Motor Vehicle License at 13 Stevens Place, Melrose, MA Assigned to Committee Protection and License Committee

ORDER-2018-24 License - Hackney License Application of Abdirizak Ali Ateye d/b/a Metroles Taxi, LLC for a Hackney Carriage License (1 Cab) at Essex Street Stand Passed

ORDER-2018-14 Transfer Transfer of $595.00 From Memorial Hall Professional Services 016932-529000 to Education/Seminars 016932-540600 for the Public Contracting Overview course for the Operations Manager of Memorial Hall. Passed Finance Committee

ORDER-2018-15 Transfer A transfer from Projected Debt Interest in the amount of $2,300.00 to various Inspectional Services Accounts as set forth herein Passed

ORDER-2018-16 Appropriation An Appropriation in the amount of $29,000.00 from the Suits and Claims Stabilization Fund (84062-590000) to City Solicitor Suits and Claims Expense (011512-544500). Passed

ORDER-2018-17 Appropriation City of Melrose Page 2 10/26/2017 4:17 PM Minutes Board of Aldermen October 2, 2017 Transfer from account 29032-590000 (Library Fines Account) in the amount of $15,000.00; and Transfer to account 016112-534200 (Lib Exp Books & Periodicals) in the amount of $15,000.00 Passed

ORDER-2018-18 Appointment Reappointment of Lee Phalen, 102 Clifford St., to the Board of Assessors for a three-year term; said term to expire on the last day of February 2019 Passed

ORDER-2018-19 Appointment Reappointment of Cathy Gulino, 25 Apple Hill road, to the Board of Assessors for a three-year term; said term to expire on the last day of February 2020 Passed

ORDER-2018-23 Amending Revised Ordinances Amending Melrose Revised Ordinances, Chapter 228, Section 228-15(b) as set forth herein. Passed

ORDER-2018-27 Rules of Order of the Melrose Board of Aldermen An Order to Amend Rule 1 of the Rules of Order for the Melrose Board of Aldermen. Passed

ORDER-2017-165 Request Proposed Revisions to City Charter for the City of Melrose as recommended by the Charter Review Committee for consideration by the Board of Aldermen Tabled City of Melrose Page 3 10/26/2017 4:17 PM

Transcript

▶ 18:01 all those in favor of adjournment all right everybody oppose adjournment motion passes finance committee is now concluded please stay tuned for the full board okay good evening everyone my name is donald khan this is the regular meeting of melrose board of aldermen for october 2nd 2017. ms o'shea could you call the roll please please yeah yeah yeah yeah here here before we proceed further could everybody please rise and join me in a moment of silence in honor or not in honor but in solidarity and sympathy for all those who were affected by the tragedy in Las Vegas thank you folks and at this point could you all join me in saluting the flag of the United States of America please the minutes of our meetings from June 19th and from September 18th, and I move that they

▶ 20:42 be accepted into the record without reading. Mr. Alderman Mortimer moves that we accept the minutes from those two meetings without reading. Mr. Second. Mr. Motion is seconded by Alderman Boycelle. Is there any discussion on the motion? All those in favor of the motion, please indicate by saying aye. Aye. Mr. Anyone opposed? That motion passes. Those minutes will be accepted. Mr. President, I make a motion to open the floor for public participation. So moved. Second. Alderman Mortimer moves that we commence public participation. The motion is seconded by Alderman Inferno. All those in favor of commencing public participation at this time, please indicate by saying aye. Aye. Anyone opposed? Motion passes.

▶ 21:21 Ladies and gentlemen, this is the portion of our meeting where any member of the general public can come forward to the table in the center of the room, identify themselves, sign in on our sign-in sheet and you may speak on any order that is on our agenda for this evening is there anybody who wishes to speak tonight okay it looks like we have no takers second the motion to close public participation Thorp a motion to conclude public participation seconded by Alderman Mortimer on the motion all those in favor anyone opposed motion passes as with all of our meetings this meeting this evening is being video and audio taped by Melrose cable television for your future viewing pleasure could we turn to

▶ 22:10 communications from his honor the mayor please order number 2018-29 proclaiming the month of October 2017 as domestic violence awareness month Alderman Inferno thank you I asked for immediate consideration Alderman Inferno asks for immediate consideration of order 2018-29 is there an objection to immediate consideration there is not motion to suspend the applicable rules Alderman Inferno moves to suspend the rules in order to present and read the proclamation the motion is seconded by Alderman Mortimer on the motion to suspend the rules all those in favor aye anyone opposed motion passes the rules are suspended Alderman you may approach the podium thank you and I'm gonna ask Alderman Mike Zwirko to also join me as he is also on the walk

▶ 22:58 Michael P. Zwirko: committee and I'd like to invite Rebecca Mooney as the executive director and any of the people on her board and the walk committee to come on surround us talk guys in the back so this marks the 22nd year in which the mellows alliance against violence will be commencing their annual vigil and candlelight walk to remember the victims of the past year in domestic violence you know it's a momentous occasion to be here to recognize the work that the mellows Alliance Against Violence does. However, just last week in a neighboring community, we were sorely reminded of the tragedies that can occur in the area of domestic violence. Maeve does yeoman's work with outreach support groups and other components of the community

▶ 24:26 Michael P. Zwirko: to hope to pull back the issue that affects so many families when these crimes are committed generally, tragically, and everything they do throughout the year, whether it be a coffee house for teen dating violence or anti-bullying in the schools, it remains a resource for the community and surrounding towns. So thank you for being here this evening. We appreciate it. Therefore, we do have a proclamation this evening, which Gail and I will read. Whereas domestic violence is one of the most critical and far-reaching issues of our time, affecting individuals of every age, culture, class, gender, race, and religion, and whereas Whereas according to the U.S. Department of Justice, domestic violence is the leading

▶ 25:08 Gail Infurna: cause of injury to women between the ages of 15 and 44. Every 21 days, a woman is killed by domestic violence, and more than 3 million children witness acts of domestic violence each year. And whereas since last October, 15 people have died in Massachusetts as a result of domestic violence, including 12 women and 3 men. And whereas for the past 22 years, the Melrose Alliance Against Violence, in conjunction with the Police Department and the Melrose Public Schools has taken important steps to reduce domestic violence in our community through education, outreach and referral services, as well as programs to prevent violence, such as mentoring, teen dating, violence and bullying prevention. Now, therefore, Robert J. Dolan, Mayor of the City of Melrose, Massachusetts, and the

▶ 25:54 Gail Infurna: Melrose Board of Aldermen do hereby proclaim this month of October 2017 as Domestic Violence Awareness Month and recognizes the accomplishments of the Melrose Alliance Against Violence on their on its 22nd year anniversary thank you so much Rebecca for all that you're doing for all that the board and the committee does thank you so much for having us joining me here tonight our members of our board of directors our walk planning committee our student action board and our staff and I think it's really fitting because the theme of our walk this year is you are not alone our message to any victim of bullying teen dating abuse or domestic violence is that in this community if you reach out for help you will find understanding and support our 22nd annual walk and

▶ 26:54 candlelight vigil is Sunday October 22nd at 4 o'clock beginning and ending at the middle school and we invite each one of you and all the folks watching at home to join us. It's a family-friendly event with music, a community art project, face painting, and refreshments at the end. And you can find more information about it on our website, maav.org. I also want to mention that we will be honoring 19, not 15 victims. Since I provided the number to the mayor's office a few weeks ago, four more people have been added to the list, including a six-year-old boy in Foxboro and as Mike mentioned Vanessa McCormick a young mother from Revere who taught second grade in the Lynn public schools turns out she also had some

▶ 27:42 friends here in Melrose so it hits very close to home during these difficult times when it's easy to feel helpless the walk is an opportunity to come together as a community to speak out against domestic violence and through the simple act of showing up and walking together demonstrate to all who are struggling that you are not alone we hope you will join us and we thank you so much for your support thank you thank you motion for a two-minute recess second Thank you so much. Could somebody pull that door closed, please? Dr. Shea. Motion to place on file. Second. Okay, board's back from recess. Alderman Inferno moves to place this proclamation on file. Motion is seconded by Alderman Mortimer.

▶ 29:56 On the motion, is there any discussion? All those in favor? aye aye anyone opposed that order will be placed on file at this point in time uh i would suggest that we move to a public hearing that's scheduled for 8 p.m on order number 2018-25 petition of national grid to install approximately 30 feet of two to four inch underground conduits from existing pole one seven six eight for service to 10 corby street melrose as shown on plan number 24104848 so moved mr president alderman mortimer moves that we commence a public hearing second motion is seconded by alderman forbes on the motion all those in favor aye aye anyone opposed motion passes anyone who wishes to testify in the public hearing may come forward and state their

▶ 30:42 case from the desk in the center of the room sir could you identify yourself hi good evening john jankowski 170 medford street in malden mass i'm representing national grid and the petition is for 10 corey street um the it was purchased to become apartments and they've upgraded their service and to do that we have to install well actually we have to install conduits from an existing pole 1768 which is across the street actually the customer will install the conduit to the private property. We will have a trench inspector working with National Grid and we'll inspect the trench to make sure it's either same or better as it was before. And if you have any questions or concerns, I'd be happy to answer them.

▶ 31:32 Could you describe the duration of the work? Well, I would think it would probably be about 30 feet. uh i would think depending on what's depending upon what's in the ground uh i would think maybe a day or two shouldn't be that bad at all and can you also enlighten the board as to what if any disruption there would be to the public sidewalk or to the public roadway well obviously i think Thorp two sidewalks so um one side will always be open um one will be closed they'll dig in that area the other side will be open and obviously that would be you know repaired and and the other one would be closed to do that but again it's just a day or two um to do that and have you seen a document this data today from our city engineer proposing some conditions relative

▶ 32:17 Mary Beth McAteer-Margolis: to the performance of this work thank you any questions for this gentleman alvin mcdeer margolis and alderman mortimer uh thank you mr president um i do see that one of the conditions is a written notice 48 hours in advance to all um businesses in the area um is that something that you'll be able to comply with well all the abiders were notified for the for the public hearing uh correct but i believe they will are supposed to be notified in writing 48 hours prior to commencement of the work being done it's one of the conditions in the engineers memorandum of agreement for today that came through today we'll take care of that okay and and is the reason for that because there will be an impact in the delivery of their electrical service or just no

▶ 33:06 Peter D. Mortimer: i don't believe that no because Thorp an existing pole so it's that that won't be changed or anything like that just just so that people businesses in the area will know that um there may be an impact on the access through the street or whatever it's a it's a back street but a lot of people do go through their their businesses because the dunkin donuts yeah right thank you thank you i'd like to incorporate by reference uh on the notice mentioned by alderman mcintyre margolis especially because besides the businesses that she mentions that's also very close to 340 main street which is a condominium building that's in ward 6. so i've heard from the people there that overall the construction has been pretty good to you know throughout the whole

▶ 33:51 Peter D. Mortimer: project not your part of it it's been been a project for a few months now um what time do you intend to start work in the morning well actually it's the customers doing the work right national graders are not doing work so i would think probably maybe 8 30. all right it's i mean i'll have to talk to the contractor and find out but i would think probably 8 30. all right yeah so far they've been good our city ordinances require no work construction work to begin before 7 a.m okay and they have been adhering to that so if you could just pass that on among the various contractors and subcontractors that would be greatly appreciated mr president would a motion to incorporate the city engineer's memorandum into the record and

▶ 34:35 into the order of conditions uh be appropriate now would you rather wait till the end of the uh hearing no the motion is in order alderman mortimer is moving that the condition set forth in the city engineer's letter of october 2nd 2017 uh be made uh part of the grant of location for the performance of this work second motion seconded by alden boisel any further discussion or questions for this gentleman alden boisel when the sidewalks are going to be opened up they're concreted on those in that area is that correct uh i would assume so okay um um when the project is completed you're going to be putting concrete back on that sidewalk mm-hmm it won't be asphalt I mean if Thorp asphalt I would assume it's going to be concrete

▶ 35:25 I can't believe that okay I think I've been by there many times right that's what I'm just want to make sure everyone is aware well actually what um that trench inspector he will not clear that until the the trench is better or good as it was before so that's that's a a good thing us i guess yes okay thank you very much thank you thank you just as a point of information condition number four indicates that any disturbed concrete sidewalk panels will be replaced okay thank you chair would entertain a mo actually sir if you could step back for one second so we can see whether anyone else wishes to speak on this is there anybody else who wishes to speak relative to this order this evening sir no okay chair would entertain a motion to close the

▶ 36:14 public hearing second i'll make tamar golos moves to conclude the public hearing motion is seconded by alderman Passed all those in favor please indicate by saying aye aye aye anyone opposed we have a motion that's been made and duly seconded to incorporate the conditions memorandum into the order is there discussion on the motion to amend all those in favor of the motion to amend please indicate by saying aye aye aye anyone opposed motion passes the order as amended is before you motion to recommend the order for passage as amended mr president back in alderman mortimer moves to recommend the order as amended the motion is seconded by alderman poysel on the motion all those in favor aye aye anyone opposed motion passes thank you sir thank you thank you

▶ 37:09 order number 2018-30 appointment of jacqueline varela 64 vinton street unit 4 to a three-year term on the Commission on women said term to expire on the last day of February 2020 that order will be referred to the coming on health education and welfare order number 2018-31 amending Melrose revised ordinances by adding chapter 132 the demolition of historical structures in the city of Melrose as set forth here in that order will be referred to the committee on legal and legislative matters okay if we could move on to new business please order number 2018-32 calling city election Tuesday November 7th 2017 Alderman Forbes yes mr. president like to ask for immediate consideration on this order second Alderman Forbes asks for immediate

▶ 38:06 consideration on what a 2018-32 is there an objection to immediate consideration there is not mr. president motion for passage of this order actually we need a motion to suspend the rules. I'm sorry. Alderman Forbes moves to suspend the rules so that we can consider this order this evening. The motion is seconded by Alderman Mortimer on the motion to suspend the rules. All those in favor? Aye. Anyone opposed? Motion passes. Thank you, Mr. President. Motion for passage, please. Second. Alderman Forbes moves for passage of the order. The motion is seconded by Alderman Mortimer. Is there any discussion on the motion? All those in favor of passage of the order please indicate by saying aye aye anyone opposed that order

▶ 38:49 passes order number 2018 dash 33 application of Anthony P Pasquale doing business as CMC classic muscle cars LLC for a class 2 motor vehicle license at 13 Stevens Place Melrose Mass this order will be referred to the committee on protection and license do we have any orders which are being submitted out of order this evening are there any orders from committee alderman MacMaster margolis mr president i request that we take order 2018-24 from committee second alderman MacMaster margolis says we take order 218-24 application for a taxi license which was discussed earlier this evening in committee the motion is seconded by alderman mortimer on the motion to remove the order from committee all those in favor anyone opposed motion is removed from committee and it is before you motion for

▶ 39:48 passage second alderman MacMaster margolis moves for passage the motion is seconded by alderman boycelle is there any discussion on the motion all those in favor of passage of the order please indicate by saying aye aye aye anyone opposed the order passes do we have any additional orders from committee alderman forbes yes mr president like to remove order number 2018-14 from committee second the motion alderman forbes moves to remove order number 2018-14 from committee which is a transfer of 595 dollars from memorial hall professional services to education and seminars which was previously recommended in the finance committee earlier this evening motion is seconded by alderman mortimer is the discussion on the motion all those in favor of the motion to remove

▶ 40:41 the order from committee please indicate by saying aye aye aye aye anyone opposed motion passes the order is before you motion for passage second alderman forbes moves for passage motion is seconded by alderman mortimer is their discussion ms archer could you call the role please yes yes yes yes the order passes are there additional orders from committee president I'd like to remove or two zero one eight dash one five from committee to transfer projected debt interest in the amount of twenty three hundred dollars to various inspectional service accounts is set forth herein second the motion alderman forbes moves to remove that order from committee motion seconded by alderman mortimer is there discussion on the

▶ 41:43 motion all those in favor of removing the order from committee please indicate by saying aye is there anyone opposed motion passes the order is before you motion for passage mr president second alderman forbes moves for passage motion is seconded by alderman mortimer is there any discussion is there shay could you call the role please yes yes yes yes yes yes yes yes yes yes yes I suspect we have more orders from committee this evening yes mr. president I'd like to remove order number two zero one eight dash one six and appropriation in the amount of $29,000 from the suits and claims stabilization fund to city solicitor suits and claims expense fund second Alderman Forbes moves to remove order 2018-16 from the Finance Committee which

▶ 42:47 Francis X. Wright Jr.: recommended this order earlier this evening. The motion is seconded by Alderman Mortimer. Is there discussion on the motion? Alderman Wright. Thank you, Mr. President. I just want to point out to the public that this is the matter in which, based on the fact that it was litigation strategy, we went into executive session to discuss exactly why this was a matter that warranted settlement and the amount that the city would be paying along with the engineer as a result of that litigation strategy discussion the committee came out and voted in favor of this thank you alderman further discussion alderman mortimer what alderman wright is said is absolutely accurate and great information for the public much appreciated and i would like to add that when the litigation

▶ 43:40 concludes that we do not do things in a less than transparent matter that at the conclusion of this litigation are at a time deemed appropriate during the legal process full information regarding this suit will be revealed to the public thank you thank you actually i don't believe i called for the vote on the motion removing from committee all those in favor anyone opposed the order is before you motion for passage mr president second alderman forbes moves for passage motion is seconded by alderman mortimer is their discussion could you call the role please yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes you go to passes eight to three this president like to

▶ 44:56 remove order number two zero one eight dash one seven from committee transfer of $15,000 from library fines account to the library expense books and periodicals account. Second the motion to remove from committee. Alderman Forbes moves to remove order 2018-17 from committee. The motion is seconded by Alderman Mortimer. Is there discussion on the motion to remove the order from committee? All those in favor? Aye. Anyone opposed? The order is before you. It was recommended earlier this evening in the Finance Committee. Motion for passage. Second. Alderman Forbes moves for passage. The motion is seconded by Alderman Mortimer. Is there discussion? could you call the roll please yes yes yes yes yes yes yes yes yes yes yes

▶ 45:57 Scott M. Forbes: mr president i'd like to remove order number 2018-18 from committee it's the reappointment Department of Lee Phelan, 102 Clifford Street, to the Board of Assessors for a three-year term, said term to expire on the last day of February 2019. Second the motion to remove from committee, Mr. President. Alderman Forbes moves to remove order 2018-18 from committee. Motion is seconded by Alderman Mortimer. This motion was recommended earlier this evening in the Finance Committee. On the motion to remove the order from committee, all those in favor? Aye. Anyone opposed? Motion passes, the order is before you. Motion for passage. Second. Alderman Forbes moves for passage. Motion is seconded by Alderman Mortimer.

▶ 46:35 Scott M. Forbes: Is there discussion? All those in favor of passage of the order, please indicate by saying aye. Aye. Anyone opposed? Motion passes, that order passes. Mr. President, I'd like to remove order number 2018-19 from committee. It's the reappointment of Kathy Galino, 25 Apple Hill Road, to the Board of Assessors for a three year term, said term to expire on the last day of February 2020. Second. Alderman Forbes moves to remove order 2018-19 from the Finance Committee. Motion is seconded by Alderman Mortimer. The Finance Committee voted to recommend this order for passage earlier this evening. Is there any discussion on the motion? All those in favor of the motion? Aye. Anyone opposed? Motion passes.

▶ 47:18 Gail Infurna: The order is before you. Motion for passes, Mr. President. Second. Alderman Forbes moves for passage. The motion is seconded by Alderman Mortimer. Is there any discussion? all those in favor of passage of the order please indicate by saying aye aye anyone opposed that order passes do we have any members of the board this evening who have reports from outside committees in accordance with rule 53 Alderman Inferno thank you very much mr. president I just want to let everybody know that the rescheduled traffic Commission meeting from last week is going to be tomorrow evening at 5 30 here in the aldermanic chamber just for future references anybody in the public can submit any request to the traffic commission by contacting dpw chairman

▶ 48:11 elena proakus nail in the dpw department thank you any other members of outside committees alderman forbes thank you just want to let everybody know the general public that the next water and sewer committee is tentatively scheduled for thursday november 16th at 3 p.m thank you waldman anyone else reporting pursuant to rule 53. okay if we could turn to the calendar please order number 2018-23 amending melrose revised ordinances chapter 228 section 228-15b as set forth herein this order was recommended for passage by the legal and legislative committee most approved passage second Alderman Tremont ozi moves for passage of the order the motion is seconded by Alderman Mortimer is there discussion on

▶ 49:05 this order associate could you call the roll please yes yes yes yes yes yes yes yes yes yes yes yes that order passes order number 2018 dash 27 in order to amend rule one of the rules of order for the Melrose Board of Aldermen this order comes to us with a recommendation for passage from the legal and legislative motion for passage. Second. Alderman Tramontozzi moves for passage. The motion is seconded by Alderman Mortimer. Is there discussion on this order? Ms. O'Shea, could you call the roll, please? Alderman Boisselle. Yes. Yes. Alderman Forbes. Yes. Yes. Alderman Inferno. Yes. Alderman Lemmerman. Yes. Yes. Alderman McAteer-Margolis. Yes. Yes. Alderman Adiris. Yes. Yes. Alderman Mortimer. Yes. Yes.

▶ 50:12 Alderman Tramontozzi. Yes. Yes. Alderman Wright. Yes. Yes. Alderman Zwirko. Yes. Yes. President Conn. yes 11 years that order passes order number 2017-165 proposed revisions to the city charter for the city of melrose as recommended by the charter review committee for consideration by the board of aldermen this order comes to the board recommended as amended from the appropriations committee before we commence discussion i would suggest that we need to take potentially four votes this evening we need to take a motion on this a vote on the substantive order which has come up before us i believe there were two issues that were sent forward with no recommendation and then if anything passes the commit the board this evening i think the board needs to vote as

▶ 51:01 Monica C. Medeiros: to the manner in which whatever passes the board if anything is to be considered either in terms of a request for a special act of the legislature or whether it's in the nature of a citizen referendum the order is before you for discussion mr president sorry uh thank you very much mr president uh i did at the last meeting uh present to you two proposed amendments uh which i think we had sort of renamed for item 43 and 44. um they are both a little bit different one is regarding mayoral compensation and the other one is in regard to the term of the school committee and before i go further i just would like to preface this with the suggestion that the change in terms of the term of the school committee is probably something that if we do

▶ 52:02 Monica C. Medeiros: want to move forward with that probably should go to the voters where i think the other items perhaps we may think differently so if that's something we want to look at i would think about maybe separating that out separately and otherwise moving forward the rest as a as as a whole to the legislature but so i would like to take up and move to adopt the amendment as proposed change number one otherwise known as item number 43 for mayoral compensation and that's adding the word mayoral before the words biennial city election so that the last sentence would read no ordinance altering the salary of the mayor shall be effective unless it shall have been adopted in the first 18 months of the term for which the aldermen are elected and it provides

▶ 53:01 Peter D. Mortimer: that the salary is to become effective in january of the year following the next mayoral biennial city election with the purpose and goal of making any changes to the mayor's salary take place after the election so that the person who's in the office would not have his or her salary changed it would be for the subsequent term is this a motion to amend the committee recommendation further to adopt that change yes so we point a parliamentary procedure mr. president I thought with just for clarification as well point of information and Parliament procedure I thought I heard within that a motion to divide the order that this language is before us from the Appropriations Committee and if I understood it I thought I heard a motion to divide order

▶ 54:03 Peter D. Mortimer: 44 out from the rest of the order and include item 43 along with the other 42 items as an amendment if those if those are the motions I heard I'd like to how on the point of information determine if that's the motions I heard this proposal was not adopted by the committee as the amended order that is before you it's a separate proposal that comes to you without recommendation I i believe the alderman is moving to amend the committee order to incorporate this change uh just just one part of this change though 43 not 44. correct yeah and i can't make motions for alderman but i i don't know what the intent with the other is whether to send it back to committee whether to hold it on the table but i didn't hear a motion relative to that so

▶ 55:02 Monica C. Medeiros: i'm trying to call the call the balls and strikes as i see them and this appears to me to be a motion to amend unless all the medeiros i am wrong that's correct a motion to amend only for the change number 43 to add the word mayoral before the words biennial city election in article 3 executive branch section 3-1 mayor qualifications term of office compensation prohibitions under c compensation okay Thorp a motion to amend is there a second to the motion second motion is seconded is the discussion relative to the motion okay if Thorp no discussion all those in favor of the motion to further amend the committee order indicate by saying aye aye aye any opposed can i see a show of hands on those in favor please

▶ 55:57 Peter D. Mortimer: motion passes mr. president I would make a motion to divide out order 43 and excuse me item 43 and item 44 at this time from the other 42 items you're making a motion to divide the 43 which we just took a vote on the yes and it's amended form i'm making a motion to divide 43 and 44 from each other and also from the other 42 and my intent is to make a motion that we go along with the committee recommendation on the other 42 before we commence discussion on 43 and 44. alderman mortimer has requested that we divide out 44 paragraph 44 and 43 that's a privilege motion so that nullifies the vote that we just took right and 40 as amended we we as amended 43 as amended sir i i don't understand your point

▶ 57:08 Peter D. Mortimer: although we have we have the other 42 which we discussed extensively in committee and they have been given a full vetting at some point in the very near future i would like to make a motion to recommend the those orders as dealt with by the appropriations committee for passage we still have to talk about 43 which is now 43 amended and then we can talk about 43 amended and then we can talk about 44 oh okay so the same language all right so then my motion to divide would stand we can I will shortly if since it's a privileged motion and passes automatically I will in a moment uh expectedly make a motion to accept the appropriation committee recommendation on the other 42 items and then we can deal with these items that were sent forward

▶ 58:08 Peter D. Mortimer: without recommendation from the appropriations committee alderman mortimer makes a motion to divide paragraphs 43 and 44 from the order that's a privileged motion the order is so divided you now have three items before you you have the motion that was voted the amended order from From the committee, you have item 43, and you have item 44, all before you for discussion. Mr. President, I make a motion that we take the 42 items that were discussed extensively over several months in the Appropriations Committee. I make a motion for passage in accordance with the committee recommendation on those 42 items. Alderman Mortimer moves that the full board adopt the recommendation of the Appropriations

▶ 58:57 Michael P. Zwirko: Committee. Second. Seconded by Alderman Forbes. Discussion on the motion. Alderman McAteer-Margolis. A point of clarification, Mr. President, are there not some of those proposed changes that we had held out and not voted on? Looking for clarification. No, there are not. was voted on by the committee thank you thank you mr. president there were I'm a little doing a lot of motion gymnastics tonight so we are there was three items that I had caught in the intervening week that needed at least to be clarified a little bit further I worked with our clerk of committees on these three items they're small but I wanted to bring them forward to this board to hope to include them in the committee's recommendation so-called

▶ 59:59 Michael P. Zwirko: item 42 I'm a little bit concerned that the motion that's on the floor won't allow me to do that it's not you know these aren't very cerebral changes they're more technical so I don't know if I guess what I'm saying is I'm going to vote against the motion by alderman Mortimer in the hopes that I can further amend item 42 well perhaps you could enlighten me as to what those cheat those changes are sure and thank you mr. president for that so when we concluded on the discussion last week about the hours of business business days versus business day hours I think we and I'll certainly speak for myself when we ushered that through number four asked that we accept the Charter review Commission's recommendation to add 72 hours in between meetings to notify

▶ 1:00:57 Michael P. Zwirko: officials it was previously at 48 my fear is is that if we accept it as 72 hours that may throw in jeopardy our Thursday night meetings the second one is in sections 3 6 B and 2 6 C romanette to state that notices of meetings need to be delivered in hand or to the place of residence what I would like to do is I would like to insert after in hand or and I would insert after or via electronic or first-class mail the reality is is we do have some technological advances that allow for electronic communications to all of us we all also have city email if there is an event for an emergency meeting called by the mayor or the president it would be appropriate to use those electronic means the third and final has to do with the definition of the city bulletin

▶ 1:01:47 Michael P. Zwirko: boards and the make I would propose the change to definition number 16 to read as following city bulletin board the official location for public notices designed by the clerk's office and registered with the Massachusetts Attorney General's office where public can find official notices of meetings this may include the city's website or an official physical location within City Hall the reason for this and this was a language that was provided by the city solicitor marries the official location with what is registered with the Massachusetts Attorney General's offices for purposes of comp complying with the open meeting law those were the three items mr. president in light of Alderman work goes excellent further tweaking of the 42 that we've discussed

▶ 1:02:34 Peter D. Mortimer: at length I will draw my motion for passage I don't believe it was seconded in any case, so I will draw it so we can further work on the 42 as delineated by Alderman Zwirko. I believe your motion was, in fact, seconded by Alderman Forbes. It was seconded, and I will withdraw my second, Mr. President. Very good. Alderman Forbes withdraws the second. Alderman Mortimer withdraws the motion, and we are back to square one. I make a motion to further amend item 42 with the three provisions that I just declared. Second the motion. Alderman Search moves to amend the order adopted by the Appropriations Committee to incorporate the three changes which he just discussed. That motion is seconded by Alderman Mortimer.

▶ 1:03:22 Monica C. Medeiros: That motion is now on the floor and available for discussion, and I see Alderman Medeiros wishing to discuss this motion. Thank you. I would say I would agree with basically all of those provisions except for the part about U.S. mail to deliver the notice because I don't believe that that would necessarily get to us in time within within that time frame so I and this is a I guess a in the past how notices were delivered to the alderman was actually they were actually delivered to their homes and the school committee members as well and part of that is to comply with the the time factor and so other than the part about all been right Thank You mr. president I generally agree with all of all them and work those changes

▶ 1:04:20 Michael P. Zwirko: however it's my understanding that the open meeting law requires that when you published notice it has to be published electronically and on a bulletin board I believe it said or so if it did say or I would move to amend at least that's where I believe Alderman Zwirko was your motion to include a bulletin board and electronic well Alderman Wright correct I do have an or in there this may include the city website or an official physical location and is you you're striking the order to have an and yes yes I would move to further amend second further discussion relative to the motion problems work out to just to answer what all the members brought up it's the amendment on the notification is via electronic or first-class mail so it wouldn't you wouldn't have to resort

▶ 1:05:24 to first-class mail you could use electronic or it could be also delivered hand so i think it's covered i understand your concern of using first class mail but it's one of the three methods in which to uh confirm notification just for clarification thank you mr president Alderman work oh do you wish to withdraw your motion to adopt alderman Rita friendly amendment uh yes and i don't recall who seconded your motion it was i mr president chair is looking for a further motion motion to recommend as amended the alderman wright order second okay alderman Zwirko is moving to adopt the order as amended to incorporate the suggestion made by alderman wright the motion is seconded by alderman mortimer is there discussion on the motion alderman medeiros

▶ 1:06:17 Monica C. Medeiros: Thank you. I still think leaving U.S. mail as an option, which could still mean, especially if it is or, might leave us in a situation where one, you know, kind of have to think sometimes of people wanting to do things with nefarious purpose. if this half of the room got a notice by electronic mail and this half of the room got noticed by US Mail and didn't get it in the same timely fashion it could leave us in in a predicament where we would be we would be meeting our requirements but at the same time that really wouldn't be fair and so I think it really would be better to to do something where you can verify that the person has received the notice in it in the timely fashion so seeing that we

▶ 1:07:08 live in one small city I would suggest maybe move the US mail part anything further on the motion to amend Alderman Tremont ozi why don't we just say notice as required by Massachusetts open meeting law general laws chapter 38 section 8 to 18 to 25 and it covers the covers those notices as required by the state and then we don't have to deal with how we word our own notices all been right Thank You mr. president I appreciate all the maturement Ozzie's uh suggestion however i don't read the open meeting law as having a notice requirement from members of the board itself any further discussion relative to the motion to amend all those in favor of the motion please indicate by saying aye aye aye anyone opposed opposed

▶ 1:08:18 motion passes the order as amended is before you motion to recommend for excuse me motion for passage as amended mr president alderman mortimer moves for passage of the order as amended second motion seconded by alderman Zwirko is the discussion on the motion alderman medeiros are we voting on alderman Zwirko proposed changes or on the entire 42 items of the a motion came before the board with a recommendation for passage as amended by the appropriations committee that's how it came to us this evening it's been further amended in three respects by a motion that was just made and voted on so you're now voting on the motion that came from committee with the adoption of the three items that were just voted on uh on the motion to

▶ 1:09:09 amend is there discussion on the motion and in in i'm going to remind the committee in the event that this motion passes the board still needs to determine what method it wishes to adopt if the The order is to pass. Mr. 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 Primatozzi. Yes. Yes. Alderman Wright. Yes. Yes. order passes so the document is before you chair would entertain further motions I'll remember dearest motion to amend the document to include the change listed as considered as item number 43 adding the words mayoral before the

▶ 1:10:16 Monica C. Medeiros: words biennial city election in article 3 executive branch section 3-1 mayor qualification in terms of office compensation prohibitions under C compensation and this is to virtually do what we did earlier but in a more formal way well we've just voted to pass the order as amended are you moving to reconsider the vote well I guess since we don't know what we're doing with the order that no I'm not moving to reconsider I'll withdraw my motion at the order is before you board needs to determine whether they wish to send this forward as a special act or request to the great and general court or whether they wish to follow a referendum procedure relative to the order mr president i will make a motion that we send this as we

▶ 1:11:22 have crafted it at this time to the great and general court second alderman mortimer moves that we refer this order uh to the legislature with a request for a special act to adopt the changes to the charter that have been adopted by the board this evening the motion is seconded by alderman Zwirko it's their discussion alderman Boisselle is it fine is it possible to see a final product with all the changes that we've made in this particular document before we move it on to the uh to legislatures the board could could move the table action on this order if that were your intention until we see it until we see a final product there has been a product that's been submitted that i would suggest incorporates everything other than the three items that were

▶ 1:12:14 Robert A. Boisselle: raised by mr Zwirko this evening right i'd like to have a place a motion on that until we vote to pass this on to the legislature we see a final product uh either the red line version updated and showing everything that we changed or didn't change and what it should look like to go to the state legislatures second point of second point of order mr. president Thorp a motion on the floor yeah there is a motion on the floor I do need to call for a vote on the motion and then if that motion does not pass then we can consider further motions Alderman Duarco, then Alderman Wright. Thank you, Mr. President. The document which Mr. Alderman Boisselle is looking for was circulated by the Clerk of Committees on Thursday, September 28th, I believe, both a red line version and an incorporated

▶ 1:13:21 Francis X. Wright Jr.: version. Thank you, Mr. President. Alderman Wright, then Alderman Mortimer. That's not what I'm looking at. That's not what I'm looking at either. What might have been circulated by the Clerk, I don't see it on the agenda. I'm missing it. So I think it makes sense that unless I'm missing it, that we do get a red line version and we do get a clean copy for purposes of the vote. We should know exactly what the legislature is going to see. Again, if I'm missing it, that's my bad, but I tend to agree with Alderman Boyzo. A couple of months ago, we got caught in a quandary like this, where there was a motion on the floor, and people wanted a little bit more than what the motion on the floor allowed.

▶ 1:14:28 Peter D. Mortimer: And due to some complicated, or at least more complicated than usual, parliamentary machinations, The original motion failed, and then the people who wanted some didn't get what they wanted because the people who wanted more voted against the original motion. I generally am not in favor of every alderman speaking on every order because sometimes it gets superfluous and redundant. However, in this case, the motion on the floor is before us, made by me and seconded by Alderman I've heard from Alderman Wright, with all respect and appreciation, that he would like to see what Alderman Boisselle would like to see. If the motion on the floor fails, then we're not going to change our charter, or unless

▶ 1:15:31 Peter D. Mortimer: someone goes in tomorrow morning and makes a motion for reconsideration who has to be on the prevailing side. So we're getting deep into some parliamentary procedure here, so in this case, I would like to hear every alderman weigh in how they feel about Alderman Boisselle motion, which was attempted to be made but not made, because if we say no to passing this now, we're going to be in a world of trouble and a lot of work hard work that was done by the ad hoc charter committee and by the appropriations committee and this board of aldermen and all the aldermen here and the people on that earlier committee may go to waste so i would like in the form of an informal vote each and every alderman to speak up and say if they don't want to pass this now then i will

▶ 1:16:29 Peter D. Mortimer: I will withdraw my motion and I'm sure Alderman Zwirko, well I won't speak for him, Alderman Zwirko may want to withdraw his motion. If people want to go forward in an informal type of vote, please raise your hand on discussion and say so. So we don't get caught up with that problem that we had a few months ago, where an order got killed because the people who wanted more voted against the original order. Thank you. Thank you. Alderman Medeiros. you i agree with the sentiment of alderman mortimer and in suggestion i might suggest that he withdraw his motion for passage but that's will be up to him completely i too would like to see i do have a version that was which i received via email from the clerk of committees

▶ 1:17:20 Monica C. Medeiros: which my understanding is that did not include the changes that aldrin's werco proposed tonight so this this is not the final final version and I don't see that this version is incorporated in the order that's available on IQ m2 which is the online meeting portal well that is probably what some of the aldermen are looking at tonight and probably what members of the public would be looking at I do think it would be much better for everyone involved this is a very serious thing to consider it was just about a year ago that we took the vote to engage in this process unfortunately some of the things that are difficult some of the things that are difficult with timing we try to comply with the open meeting law we try

▶ 1:18:10 Monica C. Medeiros: to come up comply with what's going on the the committee didn't even get appointed and sat for many months after that vote we took in October of 2016 and so you know things progress and here we are and unfortunately we are up upon the city election which we called for November 7th tonight and I know that that to some degree that takes some options away from us in terms of the idea of this would be probably to put some of these changes if we did want to propose them to the public to be voted on by referendum to be on that November election ballot so we are against a little bit of a time crunch in in those in that perspective and I'd like to see somebody you know I thought we might have the assistant city solicitor here to weigh in on that when our meeting

▶ 1:19:02 Monica C. Medeiros: started but in terms of this in this motion you know before I vote to send a charter on to the state legislature I would like to see it in full and I think the public should have a chance to see it in full as we intend to pass it on to the state legislature to vote so so I won't be voting in favor of Alderman Mortimer amendment as it is now or his his motion for passage as it is now tonight for that reason thank you what point of information mr. president what your point of information all them we are only sending the 42 items that the most right now the order only contains the 42 items not 43 and 44 is that correct that's correct and the amendments that were proposed and voted pursuant to Alderman work goes request within the 42 right thank you any

▶ 1:19:53 further discussion on the motion this is a motion uh to refer this order as amended to the great and general court alderman wright kind of information mr president perhaps you or the city clerk can clarify um is this a majority vote or a super majority vote it's a majority vote six people would be required I'll make Tim our goals so another point of information we have voted to accept and passed all of these 42 items and the three procedural changes requested by Alderman work oh this evening that were voted by a motion to amend and adopted by the board I believe unanimously and so this vote is just how we are going to proceed with this whether we are going to vote to put it on the back some of these on the ballot

▶ 1:20:56 Mary Beth McAteer-Margolis: or whether we're going to send it to the great and general court so Thorp a motion that's before you to send this as a special act to the legislature that's been made and duly seconded if we do not vote to do that can we not come back when we receive a fully flushed out version including all the amendments and at that point take another vote to decide to send it forward to the legislature or to put it on the ballot if the motion fails then you could make other motions to do that so it's not like dead in the water in other words it's not like our work is completely for not if we do not vote tonight to send it forward well I don't think it's up to me for to make that determination I have my

▶ 1:21:52 Francis X. Wright Jr.: opinion but procedurally it is possible for us to revisit how we are going to deal with this if this motion fails yes thank you I've been right Thank You mr. president I guess I would suggest that the motion be withdrawn because from my viewpoint what we're asking for can be produced to us before our next meeting which by my math is only 14 days away at that point we will have a clean copy and a red line copy for us and for the public so that's all I have to add thank you Alderman lemmerman for the first time Thank You mr. president I would agree that I think it's important primarily for the public to have a version of this there has been we did receive a version through email I think the changes that were added

▶ 1:22:49 tonight are fairly easy you know for us to envision in the in the final document the public has received no version of this and and i think that's very important to have out there on iqm2 before we take a vote alderman inferno thank you very much mr president is this time sensitive that 14 days would make a difference i don't believe so yeah thank you okay motions before you that's been made and duly seconded allman's worker i withdraw my second i withdraw the motion motion is withdrawn motion to table the order second motion to table the order that's been made by Alderman worker seconded by alderman mortimer that is a non-debatable motion all those in favor of the motion to table please indicate by saying aye aye aye anyone opposed motion to

▶ 1:23:40 adjourn mr president alderman mortimer moves to adjourn is there a second second alderman wright seconds the motion all those in favor of adjourning please indicate by saying aye Aye. Aye. Anybody who wishes to continue, please indicate so. Alderman Medeiros is opposed to the motion to adjourn. Motion passes.

City Council — 2017-10-02

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