City Council — 2018-01-08
Attendance
Manisha Bewtra ; Robert A. Boisselle ; Scott M. Forbes ; Gail Infurna ; Jennifer L. Lemmerman ; Kate Lipper-Garabedian ; Monica C. Medeiros ; Peter D. Mortimer ; John N. Tramontozzi ; Francis X. Wright Jr. ; Michael P. Zwirko
Agenda
- Call to Order
- ORDER-2018-109 : Organizational Meeting of the Board of Aldermen to be held on Monday, January 8, 2018 at 6:00 P.M. in the Aldermanic Chamber, City Hall, Melrose, MA
- ORDER-2018-110 : Election of the President of the Board of Aldermen for the Year 2018
- ORDER-2018-111 : Adoption of the Rules of Order of the Board of Aldermen for the Year 2018
- Public Participation
- Communications from His Honor, The Mayor And Other City Officials
- ORDER-2018-112 : Presentation of the Public Safety Building Feasibility Study by the Public Safety Building Committee
- New Business
- Orders Out of Order
- Orders from Committee
- Calendar
- Adjournment
Minutes
CITY OF MELROSE BOARD OF ALDERMEN BULLETIN● JANUARY 8, 2018 Aldermanic Chamber, Melrose City Hall Organizational Meeting 6:00 PM 562 Main Street, Melrose, MA 02176
ORDER-2018-109 Opening Statement Organizational Meeting of the Board of Aldermen to be held on Monday, January 8, 2018 at 6:00 P.M. in the Aldermanic Chamber, City Hall, Melrose, MA Attendee Name Title Status Arrived Manisha Bewtra Alderman at Large Present 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 Kate Lipper-Garabedian 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 Amy Kamosa, Clerk of Committees called the Roll Roll Call showed - Eleven (11) members present. All present saluted the flag.
ORDER-2018-110 Election of the President Election of the President of the Board of Aldermen for the Year 2018 Placed on File
ORDER-2018-111 Rules of Order of the Melrose Board of Aldermen Adoption of the Rules of Order of the Board of Aldermen for the Year 2018 Adopted
ORDER-2018-112 Presentation Presentation of the Public Safety Building Feasibility Study by the Public Safety Building Committee Assigned to Committee Appropriations Committee City of Melrose Page 1 1/26/2018 1:02 PM
Transcript
▶ 1:10 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 move we open the floor for public participation it's not in order i move that we suspend the rules and open the floor for public participation um it's not in order because we have not adopted our rules for the year 2018. madam chair i move that we open the floor for nominations for the office of president of the board of aldermen for the year 2018. okay we will open i just want to make a short statement okay yes thank you at a caucus of the board of aldermen held on december 4th 2017 michael p zarocco was nominated for the office of president of the board of alderman for the year 2018. so
▶ 2:16 your motion is now in order i renew my motion madam chair second okay it's moved and seconded to open nominations all all those in favor aye those opposed the ayes have it nominations are now in order and you have the floor thank you madam chair i put the name of alderman Michael werco on the floor for nomination for the office of president alderman michael peace worker has been nominated for president are there further nominations for president harlem lemmerman thank Thank you Madam Chair. I nominate Alderman Infurna. Alderman Infurna name has been placed in nominations. Are there further nominations? Alderman Medeiros? Thank you. I nominate myself Alderman Monica Medeiros. Alderman Monica Medeiros name has been placed in nomination.
▶ 3:20 Kate Lipper-Garabedian: Alderman Tramontozzi? I nominate Alderman John Tramontozzi. Alderman John Tramontozzi name is placed in nomination. Are there further nominations? Madam Chair, I make a motion at this time to close nominations for the Office of President. Is there a second? Second. Mortimer has moved to close nominations. It's been seconded by Alderman Zwirko. It's been moved and seconded. All those in favor? Aye. Those opposed? The ayes have it. Nominations are hereby closed. I would like to make a motion for immediate consideration to fix a method by which we would deliberate on these nominations I'd beg the board's consideration of establishing a deliberative and transparent process, both for ourselves and then for the public who is watching, given the uniqueness of this vote.
▶ 4:12 I want to make clear that this would not amend our rules permanently, but simply set up a process for tonight. And I would move that each nominee be given an opportunity to address the board in the order of his or her nomination for a period not to exceed five minutes. and thereafter the other board members be given an opportunity to be recognized for the purpose of speaking to the nominations second the motion it's been moved and seconded all those in favor those opposed the ayes have it and motion is carried so so the open the order the first nominee is Michael piece work oh thank you so here we are I appreciate this opportunity I also appreciate the fellow aldermen that have thrown their hat into the ring for this position I
▶ 5:19 Michael P. Zwirko: know that it's a different environment in which we were here back in December 4th on December 11th when I was informed that the mayor would be is considered for a candidate in the Linfield town administrator position I understood that this environment was likely to change I will state that initially when I received the nomination on December 4th that I intended to at the time fulfill the duties that were outlined in the role of the board of president for the role of president for the Board of Aldermen I still intend to fulfill those roles we all know that the incoming president of the Board of Aldermen will ultimately at some point in the near future be elevated to acting mayor for remainder of mayor dolan's term which will likely be somewhere around 23 months that is not an
▶ 6:12 Michael P. Zwirko: insignificant amount of time during that time i think that the one thread that will go through the community and everybody is thinking about is stability and stability is very important melrose cannot afford to be put on pause the mayor dolan has followed what is our sacrosanct rule as elected officials to leave the community in a better situation in which you have received it putting ourselves on pause for two years will only hinder our city's progress i have a lot of experience outside of this chamber and i have some experience inside of this chamber however i have been a resident for the city for many years i have been dedicated to this community to this city for many years both inside and outside of this chamber
▶ 7:09 Michael P. Zwirko: i have a professional background in financial services of nearly 15 years i understand economics i understand the effects that the most recent tax bill that was passed in the salt state the salt deduction issues that will face many municipalities i also understand that we are in a rising interest rate environment and the effects that that may have on our real estate markets and thus the trickle-down effects that that could occur in our city coffers i understand how to work with ratings agencies and how they give outlooks positive negative and otherwise we have the highest bond rating the city has ever had it is important to maintain that and to continue the progress that we've made my educational experience i can speak a
▶ 7:47 Michael P. Zwirko: foreign language i've studied overseas i have a bachelor's degree i have graduated from high schools public schools in massachusetts i've had legislative successes inside this chamber in the two short years in which I have served most of those orders if not all of them have been unanimous I've been collaborative outside of this chamber with the community and bringing issues forth inside this chamber with our own membership I come prepared to every meeting I bring the energy and the vitality that's needed for this job I'm willing to do it 24 7 whatever is asked I ask that you please give me serious consideration for this role you gave me unanimous consent in December 4th I hope that I get at least enough for a majority vote this evening I look
▶ 8:33 Gail Infurna: forward to the opportunity and I appreciate your time thank you very much Alderman Infurna thank you very much and thank you newly elected Letter Garabedian for this opportunity to state a statement so as I previously stated at another meeting that this is a unique situation and opportunity that we're in if elected by this Board of Aldermen my intention is to fulfill mayor Dolan's term as an interim and not seek the mayor seat in the 2019 election this will allow for a level playing field in the next citywide mayoral election as the interim mayor I would work to keep our ship sailing without any distractions of a 2019 campaign it is important to main our city's stability and there is much work to be done. With my 20 years as an elected official,
▶ 9:29 Gail Infurna: various leadership positions, including the past president of the Board of Aldermen, my community involvement, a proven track record, and a strong working relationship with our department heads, I feel I have the experience to continue the great work of Mayor Dolan and his administration team. I've also been a resident for over 30 years in Melrose. I ask for your support and your vote this evening to continue the work that we have all been working on for the past few years. Thank you. Alderman Hedaris. Thank you. First, I'd like to say congratulations to all of you. Just a few short months ago, after campaigning for aldermen, Election Day finally came, and those of us here made it through. and although in an hour or so we will go through a well-deserved and formal
▶ 10:21 Monica C. Medeiros: inaugural ceremony first we have a rather weighty task at hand most of us probably did not think we would be tasked with selecting the next mayor of Melrose at least certainly not on our first vote and I think I can say with confidence that most people residents and voters also did not realize that this was the case when they voted us in perhaps they would have chosen differently you see there's been a material change in circumstance since Election Day and since we took our non-binding caucus vote on December 4th only a few days later it was made public that mayor Dolan our mayor of 16 years had applied for and was a finalist with a job in another town and today we know he has accepted that job and will begin February 5th tonight the 11 of us here
▶ 11:06 Monica C. Medeiros: will elect a new president and this person will not just be the person who leads our meetings who are signs our committee appointments or who sits ex-officio on our committees it won't just be about whose picture is going to hang on the wall although we could use a few more women up there tonight the 11 of us here are charged with selecting the person who will likely become the new mayor of our city of nearly 30,000 people who will create budgets for the next two fiscal years and control the spending of nearly two million dollars sorry 200 million dollars of taxpayer money the person will forge the direction of our city and our schools and the gravity of this decision cannot be minimized I am disappointed that we are making this decision tonight without
▶ 11:52 Monica C. Medeiros: any pub without any public participation input first however and I believe that would best be served by having a special election to fill this vacancy but that's not our task at hand tonight tonight I'm asking for your vote because I believe I'm the best person to do the job certainly I have the experience I've served on this board for ten years both as a ward alderman and as an alderman at large I'm the only one of us who have served on the school committee but those are not the only qualifications for mayor a mayor should show leadership compassion capability and fairness as an alderman among you I have listened compassionately to those who have come before us and done all that I can to proposed fair solutions. I have done this while always
▶ 12:40 Monica C. Medeiros: remembering the limitations of our government and doing my best to maintain transparency and fairness. This is our government, yours and mine, and the voters and the residents of Melrose. I believe we work best when we maintain a spirit of openness, inclusiveness and collaboration. And if elected, I will work with our department heads, our residents, and of course, with all of you to find the best solutions to keep our city moving forward none of us in this room can foresee the challenges nor the obstacles that lie before us but what I can tell you is that I'm smart I'm capable and I can find ways to help get us through these chip challenges and I won't be afraid to ask for help for the past five years I've been active in the
▶ 13:25 Monica C. Medeiros: leadership of the Mass Municipal Association and I currently serve as president of the Massachusetts Municipal Counselors Association representing aldermen like us all across the state. As part of this organization, I have taken every opportunity to educate myself on the issues confronting cities and towns and the best practices that help us govern better. I have advocated on our behalf just as a mayor must, and I have forged relationships with other municipal leaders throughout the state on whom I can call for guidance as issues arise lastly I do not represent only award voters across the city have elected me at large and in the last mayoral election in addition to receiving more votes than any other alderman in this room has ever received
▶ 14:13 John N. Tramontozzi: hundreds of people actually wrote my name in for mayor the voters of Melrose have put their trust in me time and time again and tonight as you make that decision i ask you please put your trust in me to and elect me to be your next president thank you thank you i appreciate this opportunity to address the board as we consider the impact of this unprecedented and unforeseen impact of mayor dolan's decision to leave the office for two years of his term yet to be fulfilled while i believe that each Each member of the board who has indicated a willingness to fill this position has a unique contribution to be made. I believe in the absence of the reasonable option of a special election, I believe we are in a position where it is important to identify someone with the energy,
▶ 15:11 John N. Tramontozzi: experience, credentials, long term intimate knowledge of the city and its functions, and demonstrated commitment to step into the position of mayor. Additionally, I think one of the most critical characteristics of an effective leader is integrity and respect for others. This includes those who may have a different position on civic matters and treats everyone from all walks of life and political perspectives with consideration. I believe that I have demonstrated these qualities in my years on the board. I also believe that I have demonstrated this as a private citizen with my engagement and involvement in the community as a private citizen parent and alderman in my twenty plus years here in this great city
▶ 16:02 John N. Tramontozzi: i and my family have been personally involved in all aspects of the community i am the proud parent of four daughters all of whom whom have gone through the melrose public school system through the roosevelt the middle school and the high school all doing exceptionally well and many of you may have known that my daughters were very active in the community with civic responsibilities peanut butter Valentine's and others as a practicing attorney with an office here in Melrose I know and understand the statutes of the Commonwealth the municipal law is necessary to run the city i am truly grateful for these opportunities and gifts the community has given me and look forward to the opportunity to ensure that this city of melrose continues
▶ 16:59 Kate Lipper-Garabedian: to prosper and meet the ever expanding needs of an increasingly engaged and diverse population I appreciate your consideration and ask for your vote. Thank you. Are there other Auberman that would like to comment? I feel a little strange commenting first, given that I've been an alderman for about ten minutes, but certainly this is a critical and unprecedented moment in our city's history. And in reaching my decision tonight, I sought the guidance of veteran board members who have worked with all four of these candidates and I expressed my appreciation to each of them for stepping forward and being willing to serve our city during this time I really appreciate that so in listening to the input from the veterans and then also from voters who reached out to me as
▶ 18:01 Kate Lipper-Garabedian: well and I appreciate their engagement from considering my own impressions of the candidates and then weighing very carefully how our decision will be reflected to the public because I do you know I take very seriously our charge to elect a president tonight but I recognize that it's an imperfect solution to the situation in which we find ourselves and there are plenty of people who've reached out to me to express their concern that the public itself is not able to weigh in on this directly and given that and the idea that I really want to think about a way to make this this decision transparent and meaningful in the long term. My intention is to support Alderman Infurna tonight. This is the guidance that I received from a majority of the veteran
▶ 18:48 Kate Lipper-Garabedian: members of this board with whom I spoke. I am impressed by Alderman Infurna experience both on this board on various boards and commissions in the city and then also her her willingness to watch every school committee meeting including before they were televised. I think that shows a level of engagement that is very admirable and then really importantly to me is what this vote means for the long term for our city and for Alderman Infurna has distinguished herself as the only member to step forward who has professed her plan not to run for election in 2019. That gives voters full control of the decision-making at that time so that Alderman Infurna serves as a steward to our city but then there
▶ 19:36 Scott M. Forbes: will be an a level playing field for anyone who is interested in stepping forward again I commend all the nominees on being willing to serve tonight and I appreciate the time thank you any other Alderman that would like to speak thank you I didn't think that our first vote would have so much weight to it. I appreciate everybody that has put their name in for consideration. I have good working relationships with all of you. I am here to voice my support for Alderman Michael Zwirko. Back in November, after the city elections, the political landscape was changed. We had two long-term aldermen that were stepping down. One of them, President Kahn, led our meetings for the entire time that I've been an alderman here in this
▶ 20:30 Scott M. Forbes: chamber so there was a need for leadership there was a need for somebody to step up and put their hat into the ring and out of all of us myself included for whatever reasons we chose not to put our selves out there there was one person that did and that was Alderman Zwirko. Alderman Zwirko was running for the president of the board he's the only person that has stated his intentions to run for the president of the board before all of the hoopla and circus from the town of lindfield the mayor dolan took place he was running for the integrity of the seat and i respect that i voted for him with confidence back then my vote has not changed it has not wavered i feel confident in that vote because i knew at that point in time that there
▶ 21:19 Scott M. Forbes: could be certain situations that come up where the president of the board could be one step away from assuming the the duties as mayor and i felt confident in that vote then and i do right now as well there's no reason for me to change my vote so i hope that you take that into consideration tonight because there were 11 of us that voted that way and i think that means something so i'd ask for your support uh not to change your vote and consider michael Zwirko as our next board president thank you thank you very much madam clerk i would like to incorporate by reference and echo some of the comments of alderman forbes i think they were well said when there was no plum attached to it mike's worker came forward and was willing to do the work
▶ 22:12 Peter D. Mortimer: i've heard people say well we didn't know we didn't know this could happen but we alderman New we just passed a charter. The ink is barely dry on it yet. We all knew what could happen. Mayor Dolan could be hit by a bolt of lightning, could be run over by a truck. We all knew when we took that vote on December 4th luckily something much more auspicious and fortunate happened for him. Bad for us, but good for him in the long run. But we'll see. Maybe it will be good for us, but Alderman Zwirko was the only person who was willing to step forward and take the work when there was no plum attached to it, and as Alderman Forbes said, that needs to be recognized. Another factor is that he was first on the ballot at large in this most recent election,
▶ 23:13 Peter D. Mortimer: and that's an at-large election for the entire city. and in this most recent election, he garnered the largest number of votes, and that's another important factor. Now, this is the, we're at the point where it's the absolute largest amount of time that through this process, which all of the aldermen here, and I'm sure we all studied the charter very hard, some of us even made suggestions to change it so we all read it several times at least we understood that this could happen it's not appropriate to change now because these circumstances have occurred that mayor Dolan will no longer be with us so we need to keep on some people because it is the largest possible time the longest possible time two full years that this president of
▶ 24:12 Peter D. Mortimer: the Board of Aldermen will take over as mayor in the very near future have said oh well we need to have a special election well right now as it stands we can't have a special election they're constrained and confined by state law Our charter, which I have right here before me, is under the Acts of 2005, it's Chapter 105 of the Massachusetts General Laws, and it's the law. So right now, as it stands, we couldn't have a special election even if we wanted to. But if the will of the people and the will of this Board of Aldermen is such that we we have a special election, the process, the path to that special election would be to petition the state legislature to make an exemption to the charter, just as we did to
▶ 25:08 Peter D. Mortimer: submit this charter and the charter 11 years ago, and even last year when there was some concern about changing the name of the Board of Aldermen to City Councilors, to the Board of City Council. We submitted we were going to take a vote. It didn't pass this board and Mike Dwerko voted for it, I voted for it, but there weren't enough other people who wanted to change this to City Council. And just as we were going, if that vote passed, we're going to submit it to the state legislature. If the will of the people and this Board of Alderman as their representatives wishes to have a special election it would probably have to go up to the state legislature be approved and come back and the election would occur sometime in June maybe later depends on how fast the
▶ 26:04 Peter D. Mortimer: state legislature handled it but that's their bail away that's their concern so electing a president of the Board of Aldermen does not mean necessarily that someone will be the mayor until January of 2020, up until the election of November 19. What could happen is the path I just demarcated and delineated could occur. We could call for a special election, and if that's the will of the people and the will of this board alderman, then we will have a special election, perhaps in June, by the time we get it up to the state legislature and back. But for now, I would respectfully suggest that the mayor that we elected on December 4th, when there was no plum attached, for his talent, for his acumen, for his energy,
▶ 27:00 Peter D. Mortimer: he worked assiduously on the new charter that we'll soon be adopting when the state legislature approves it. And for those reasons, because we can, if it is the will of the people, have a special election in June with the blessing of the state legislature, and they will give it. They don't care about home rule petitions. They pass any home rule petition we ask them to pass as long as it doesn't affect them and it doesn't. For those reasons, I would say, as Alderman Forbes pointed out, we should stick with our vote of December 4th, and I would respectfully suggest and respectfully ask you to maintain the vote you cast on december 4th and vote for alderman Michael worker thank you madam chair
▶ 27:47 Manisha Bewtra: i really um that would like to speak um i also did not anticipate this being the very first uh time i speak at this table besides roll call um i as those who have particularly my family who have been around me for the last several days this has been an incredibly tough decision all four of you are are deeply committed to the city i don't look at it as you being just people who are looking at it for personal gain i think all four of you have looked at it as what's best for the city and i have a deep amount of respect for you and i'm really excited to work with all of you as colleagues um i considered many things i thought about you know what what track record um does each of the nominees have in the community not just here at this table and here in their
▶ 28:39 Manisha Bewtra: official role as aldermen but also outside of this room what else do they do for the community i thought about what kind of experience they might offer management experience and otherwise what does it mean for 2019 who will approach the job with vision and passion um what is their commitment to moving the city forward and um and then i thought back to my own campaign and the issues i campaigned on which were expanding access to city hall giving more residents a voice in local government uh sustainability and good planning and upholding our city motto of one community open to all uh and as i said with a lot of deliberation i did not come to this decision easily um i decided that i will support my
▶ 29:32 Francis X. Wright Jr.: mike's work out tonight thank you all right thank you appreciate it adam city clerk um i come at this from a unique perspective because i worked for a municipality have for almost two decades um i know what it takes to make a city hall run i know what it takes to make a city run um and i think what what we need to realize here is with all due respect to my my brother alderman mortimer i think you need to consult with the city solicitor as to some of the legal points you made but i'll forego that for now um we the city is a municipal corporation we are hiring a mayor who is effectively our ceo so what you need to think about is if you have going to hire an interim ceo for the next 21 months i believe it is starting in february um don't you want to get the person
▶ 30:40 Francis X. Wright Jr.: with who is going to follow the mission of the corporation and has the most experience so i mean with that in mind um i considered that the voters of this city for 16 years have supported Mayor Dolan and where the voters are not getting this opportunity to have a special election we as aldermen must select someone to act as mayor until that next election in 2019 so I focused on someone who would best carry out my opinion the agenda that the voters supported when they voted for mayor not for alderman not for school committee but when they voted for mayor and looking for such an alderman I'm looking for a person who has the greatest depth of experience and in my opinion gala Fernia who has sat on this board for two
▶ 31:35 Francis X. Wright Jr.: decades who has chaired the Public Works Committee and served as a member of the traffic Commission for as long as I've been around and I've been here for 12 years gales been the president of this board gale has stayed current as all the Letter garapedia pointed out current on the school committee she regularly watches and used to attend all the meetings I believe that in order to maintain the success that we've had in allowing Melrose to become the success story that that we've seen over this past decade there is no substitute for her experience and that I believe she will be the best person to serve as the steward the person to act as mayor and rob as rob dolan departs for these reasons why i like
▶ 32:28 Jennifer L. Lemmerman: respect and appreciate all four interested candidates i believe that of the four gail best beats the benchmarks i've expressed thank you thank you um i think as several others have pointed out we find ourselves in a very unique situation and and having to make a very difficult decision I think the positive view on that is also that we find ourselves in a situation where we have an abundance of talent and talented people who are willing to step forward and serve this city and that's a good position to be in so where I found myself was was looking at my options and choosing what I felt would be the person who could best serve the city and start from day one we're we are choosing someone who will need to jump into a moving vehicle and keep it
▶ 33:22 Jennifer L. Lemmerman: steady and moving with their own vision and their own passion and bring it over the finish line that the voters chose when they elected mayor Dolan in order to do that I think we need someone who has the most experience someone who has had their hand in every project in every progress that this city has made over last several decades two decades someone who has worked very closely with every department head someone who has led this board and several other committees as well as other outside commissions i also feel very strongly and have heard very strongly from many many residents that they want to have a say in the next mayor to have someone who will serve for two years and be a good steward
▶ 34:10 Jennifer L. Lemmerman: to the city and give all of her time and passion and is willing to put her life into that and then we'll step down for a level playing field for the voters was critical for me we've seen that happen in the United States Senate that was represented not very long ago where someone was willing to step in and serve out a term and do what was best for the voters and then let the voters decide the next person and that worked out quite well and I think it can work out quite well here too and for those reasons i am supporting gail Infurna thank you any other algorithm would like to speak okay all right hearing none um we'll proceed to the election the clerk amy camosa will now call the roll oh well the election will be by viva voci vote
▶ 35:01 and each member present answering to his or her name and will announce his or her choice and the clerk Amy Kamosu will now call the roll. Alderman Bewtra. Michael P. Zwirko. Alderman Boisselle. Alderman Monica Medeiros. Alderman Forbes. Alderman Michael Zwirko. Alderman Infurna. Alderman Gail Infurna. Alderman Lemmerman. Alderman Gail Infurna. Alderman Letter Garabedian. Alderman Gail Infurna. Alderman Medeiros. alderman monica medeiros alderman mortimer alderman Michael worko alderman Tramontozzi alderman john trim and tozy alderman wright alderman gail Infurna alderman's worko alderman Michael worko that's here so um we have a tie vote there's a tie vote for the top two so we will now well i'll record it so we have four votes for alderman Zwirko alderman ferner
▶ 36:19 Peter D. Mortimer: it's four votes all the maderas two votes and all of the tramitosi one vote so we will proceed to a second ballot madam chair i'd like to make a motion to suspend the rules that we may consult with our city solicitor okay is there a second second okay let's move to second and all those in favor aye aye aye okay who's the suspended good evening mr solicitor would you like to say anything before i ask you a question is it correct uh the points that i made earlier that right now after this inauguration tonight after the mayor takes the oath then if he were to resign in early february whoever is president of the board of aldermen would become mayor at that time that is correct and is it correct that if the board of aldermen put forth an order we could
▶ 37:32 Peter D. Mortimer: petition the state legislature to allow us an exemption to the city charter and we could call call for a special election in the relatively near future, is that correct? So there are a number of ways to amend a charter or to pass a special act under the Commonwealth's Home Rule procedure. One of those ways, which we've done in the past, is to submit a question of the adoption of a charter to the voters. That was done in 2005, that was the special act you were referring to, Alderman. Another method to do so would be, again, under the Home Rule Procedure, seek special legislation with the approval of this Board of Aldermen, asking the legislature to make changes to the city charter, which is currently pending in the legislature.
▶ 38:21 In this instance, and it's somewhat of a unique situation, we are not amending the city charter. What I'm understanding your point to be is that we, the city of Melrose would seek special legislative approval to conduct a special election outside of the current requirements of the city charter to fill the office of mayor in somewhat direct contravention of the explicit language of the city charter. Is that fair? That's absolutely accurate. it so I want to caution the board and the members of the public here tonight the members of public at home the the goal would not be to amend the city Charter any further the goal would be to ask the legislature to give the city authority to conduct an election I will say I will use throw the caveat out that
▶ 39:17 Peter D. Mortimer: I have not had any conversations with the Secretary of State's elections division with our legislative delegation about the timing of that I think it's common knowledge the mayor Dolan intends to leave office on February 5th at that point in time if the question is raised and the office is vacated I will be interpreting the Charter as it is written at that point in time so if the legislature hasn't done anything on February 5th I have an obligation to interpret the Charter as written so so I hope I've answered your question you have and just to clarify bottom line the home rule method in contravention of the Charter it would be entirely possible if it's the will of this board to petition the state legislature to allow us to have a special election in the near
▶ 40:11 Robert A. Boisselle: future correct it is a possibility correct thank you very much that's all the questions I have for our solicitor at this time February 5th, I mean, you're talking about sending this legislation to the legislature. Do you really believe that within the next 30 days or 35 days, they would have a time to make a decision to have a special election? I don't envision that. You don't envision. So come February 5th, whoever is president of the board will become, quote, the mayor of the Melrose. The charter is explicit. it if their vacancy occurs in the office of mayor in the third or fourth year for which the mayor is elected the aldermanic president shall become the mayor that is the current wording of our city
▶ 41:02 John N. Tramontozzi: charter thank you thank you i think the problem with trimatosi was was next in line thank you just to follow up on what alderman voyzel was mentioning even if this board were to adopt a petition to send to the legislature, the great and general court, to have a special election. It's discretionary on the part of the state legislature whether or not to grant that, right? Correct. So to me, it would seem logical that the legislature would say, why do we need to do that since you have a charter that says that the president of the board assumes the responsibilities and duties as mayor and send it back to us without any deliberation on it because we have accomplished what supposedly that was accomplished and that is that we chose a president. That is a possibility. I have
▶ 41:55 seen home rule petitions returned by the legislature where there is not a unanimous expression of support by the local legislative body. So if we sent a home rule petition to the legislature at an eight to three vote they could potentially be looking at that from this perspective of there's a divide in that community they already have an operative document that governs the issue we're probably going to take a hands-off approach that's just speculation on my part but it's a possibility I think it's a great good possibility that would occur thank you I think Alderman Wright was next thank you along that in that vein I guess my understanding of the Charter is that when the mayor resigns the president becomes the mayor there's no acting designation there's no
▶ 42:49 Francis X. Wright Jr.: interim designation the president of the board shall become the mayor serves until the November the next biennial election and if that person is elected they will fill out the remainder and assume a four-year term so despite the fact that the voters did not elect this person this person will become the mayor correct okay and if we went if we if there was a book a special accent to the legislature we would be asking them to remove the mayor from office so that we could have a separate election if the board is if there's an expression from this board at some point at a future date that a special election is a method to consider, I would suggest not only that there be extensive detail built into that formal petition,
▶ 43:41 but that extensive detail also encompass who shall serve as mayor during that interim period, what his or her powers shall be, et cetera, et cetera. Because right now, if we have a special election, I'm interpreting the charter to elevate the president of the board who shall become the mayor. If you have a special election that's sort of outside of our charter it puts me in a bit of a quagmire puts the city in a quagmire in the city correct very good um that's up thank you thank you thank you madam clerk when I gave my statement earlier I talked about the need for stability I just want to bring it back for a moment here we have an order before us to elect a president of the Board of Aldermen we don't have an order
▶ 44:28 Michael P. Zwirko: about a special election we're talking in hypotheticals right now that can be handled afterwards tonight let's take care of the business of electing a president for the Board of Aldermen we just took a vote of the four there was not a majority reached let's take an Occam's razor approach here and let's select a president for the Board of Aldermen this board cannot go forward tonight as a headless horseman the city needs stability the state city we can handle all of these other discussions at another time right now let's elect a board of president for this board of aldermen yeah thank you thank you thank you as you know I've filed an order submitting that we do in fact request to have a special election you had made some suggestions mr. VanCampen and I
▶ 45:18 Monica C. Medeiros: had proposed back an amendment to you I just wanted I haven't seen a response back on that I didn't that is in committee right now sent to appropriations when was that proposed i don't even know if i've received it it was the same day that we had our meeting you had written to me and i had written back i'd have to i don't know if i've seen it all then i'll have to check so i apologize for that so since we are in this discussion which is obviously not of that order tonight um i just had suggested that the the that we appoint an acting mayor rather than have somebody in fact become the mayor and then not then have to remove the mayor to put because it's been a special election and i just want to make a clarification on that
▶ 46:04 Monica C. Medeiros: we're not talking about that tonight and i know that's not what's at hand but i do hope that whoever becomes the president of this board does hold a committee meeting and discusses this in a timely fashion because if there is any possibility to have a special election any kinds of amendments and discussions obviously would need to happen quickly because the time table is moving very fast i'll resend that to you tomorrow thank you alderman wright thank you um just to follow up on alderman's record point um we've had a vote we don't have a majority vote for any one of the people who put their names forward um in your opinion how do we proceed do we proceed again with all four candidates do we narrow the field in any way
▶ 46:52 so your your rules do not contain any any determinative procedure for how the election of a president is to unfold on a multiple ballot in the absence of any such determinative procedure you would defer to robert's rules of order 11th edition which is the current edition that edition is encouraging that you continue to vote vote with the same nominees in queue until a nominee has voluntarily withdrawn and committed support elsewhere, or until the nominee's supporters have decided after a certain number of ballots that they're going to commit their support elsewhere. Thank you. Thank you. Okay. Alderman Mortimer. I would just like to follow up on the points that were being made moments ago, is that
▶ 47:43 Peter D. Mortimer: In February, presuming, and I think it's a reasonable presumption, that whoever is elected president of the Board of Aldermen tonight will become mayor for a short time. And we have a special election sometime around June, if it is the will of this board and the people that we represent. That the person who was president of the Board of Aldermen will serve continuously until the results of that special election are known. I think that's the way that will occur. But having said that, I will say that right now we do need to conduct the business of the Board of Aldermen and to move forward. And for that time period, that's again why I would recommend Alderman Mike Zwirko. He was the person we picked.
▶ 48:29 Peter D. Mortimer: He finished the at-large ticket on the top, and then he can serve to a mayor. And if the people and the other members of this board want to have a special election, we can ask the state legislature. I'd like to put all that aside and just leave that to rest for now, and say let's stick with our vote. I understand your point, responding to Alderman Wright question. I have Robert's Rules of Order here in front of me. It's chapter 14, section 46, and it talks about an incidental main motion, which is delineating a procedure for the election, which is an incidental main motion, but if nominations have been open, made, and closed, then it becomes an order which is incidental to the main motion, not an incidental main motion.
▶ 49:23 Peter D. Mortimer: Isn't this wonderful? Robert's Rules. Sounds like semantics to me. Yeah, you can play Monopoly on the inside of a cardboard box, but the book is this thick for Robert Rules. So, in accordance that our rules are silent on this, and do not address it. What I am going to suggest, and I'm not going to make a motion at this time to leave it fluid so other members of the Board of Aldermen can consider the suggestion, not a motion, that I'm about to make, is that we have one more ballot and see how the results fall at this time. If they fall the same, which it's probable that they will, that we then say that the top two vote getters will remain on the ballot, and anybody who is not one of the top two vote getters will be removed
▶ 50:20 Peter D. Mortimer: from the ballot. Essentially it will be, excuse me, essentially it will be a preliminary, a primary partisan race, but a preliminary where it's non-partisan, so it will be a preliminary. If we take this vote now, that on the third ballot, and I won't make it as a motion, and somebody else might want to make it as a motion after the second ballot, unless somebody prevails on their second ballot, which is unlikely, that we then take the top two candidates, and that would be, of course, in accordance with Section 46 of Chapter 14 of Robert's Rules. I don't mean to correct you, Alderman, but I would just make note of the fact that... Robert's Rules of Order seems to discourage multiple ballot, I call them multiple ballot
▶ 51:13 dropouts where you drop the lowest vote getter and then you go to the next, however many are remaining and then you drop the next lowest to get the finalist in the absence of a specific bylaw revision. What that means is, in my view, unless the Board of Aldermen explicitly amends the rules of the board of aldermen to allow that yes you can't do it by motion right this evening um now you just said keep dropping the lowest vote getter that's not what i'm suggesting i know what you're suggesting you're suggesting that you take the field and that automatically narrow it to two right and you vote based on the font two finalists you've essentially dropped the bottom of the field you've dropped the bottom two doing the same essentially doing the same thing
▶ 51:56 that robert's rules discourages in the absence of an automatic rule change just doing it all at once not dropping the bottom one and then the bottom one correct you can't do it that way either just do them both ways now it says these are the two procedures that are most widely recognized in here in robert's rules section 46 chapter 14. uh that these are the two procedures and i think you have it there in front of you correct i'm looking i think i'm look what i'm I'm looking at is on chapter 14 section 46 there's a footnote at the bottom of page 441 and I'm sure we're really entertaining the audience this evening discussion very thin footnote it's the footnote reads an organization could suspend the rules all right or adopt a special rule of order which in my view
▶ 52:45 would be a motion this evening so that the nominee with the fewest votes is is dropped from the list of nominees for succeeding ballots in the expectation that votes will then confine, voters will then confine their choice to the remaining nominees. However, the last sentence of that footnote says, only a bylaw provision, however, could make the dropped nominee ineligible for election so as to render illegal any subsequent votes cast for the nominee. So in the absence, in my view, of a specific amendment to the rules of the Board of Aldermen, I would not advise that you by motion take that position tonight. Right, so in view of this footnote, and you read it with emphasis appropriately, only a bylaws provision, however, could make the dropped nominee ineligible for
▶ 53:38 Peter D. Mortimer: election as to render illegal any subsequent votes cast for that nominee. But I would respectfully suggest that all the aldermen here being of good faith. And realizing that we must go forward tonight with an alderman. We need a president to appoint the committee chairs. We have business. We are going to have a meeting next Monday night, and the Monday night subsequently a special meeting. That we need to leave here tonight before we go over to Memorial Hall with a president in place. so that president can appoint our committee chairs. And I would respectfully suggest that a motion to create a special rule to allow a winnowing procedure to separate the voters so we can have a vote of the top two vote getters of the aldermen as they cast their votes would be appropriate.
▶ 54:38 Peter D. Mortimer: And I would think that the other aldermen who may be eliminated from the ballot by action of that special motion would comply and they would not say later that that vote was illegal or try to. I think we're all people of good faith here. Understood. I unfortunately have to do my job with the worst case scenario in mind at all times. Certainly. And so my best advice to you is to follow the default proceedings of Robert's rules and allow the ballots to naturally unfold this evening without any motion or special order. If you want to do it, you can certainly delay this to another meeting, amend your rules. That's an option, but my advice is that is probably not a wise motion at this time. We could make a special motion tonight, though.
▶ 55:28 Peter D. Mortimer: If we get into the method that you're suggesting, if we're 12 or 13 ballots deep, then we could make this motion i i'm it like just as you're saying you're looking at worst case scenario well i'm looking at worst case scenario my suggestion would be probably go five ballots see where you are if you're if you're deadlocked um in my view the senior member of the board of aldermen could serve as your presiding officer until you elect a president formally but i would again i would caution against any motion for a special ballot procedure as i think that would be inconsistent with what robert robert's rules is telling us and then if we have a president a temporary president that president would elect would appoint temporary committee members and then
▶ 56:18 Peter D. Mortimer: when we had um a final vote to elect the mayor um the so-called acting mayor although it does say mayor um that person would have to reappear that that would be that would be quite a quiet point yeah agreed so so so here we are but i understand i like your suggestion of five ballots rather than two or three um so i'm glad we had this uh conversation this colloquy it was uh very elucidating and uh i will yield the floor at this time thank you thank you madam clerk listen we're all reasonable people here um the room's filled we're on tv you know this this is gonna hold let's just have six I make a motion that we follow the suggestion of the city solicitor to have ballots until someone reaches majority tonight we need a board president we do not have a motion we do
▶ 57:27 not have a motion before us that's gonna make a motion that we hold a second ballot second that we hold the second ballot we hold the second ballot not hold call it conduct oh but we continue continue yeah we don't need a motion well i'm just saying that you didn't make a motion so we will now continue no i didn't make a motion yeah so um alderman Bewtra michael please sarko alderman Boisselle alderman monica maderos alderman forbes alderman Michael worker alderman Infurna alderman gail Infurna alderman lemmerman alderman Infurna alderman Letter garabedian alderman Infurna alderman medeiros alderman monica medeiros alderman mortimer alderman Michael werco alderman Tramontozzi alderman john Tramontozzi alderman wright alderman gail Infurna alderman Zwirko alderman Michael werco
▶ 58:34 All right. Do it again. Ballot two. Ballot two. Alderman Zwirko, four votes. Alderman Infurna, four votes. Alderman Medeiros, two votes. And Alderman Tramontozzi, one vote. That's the second ballot. Ballot three. Yeah, we're all sitting there. Alderman Bewtra. Michael Zwirko. Alderman Boisselle. Alderman Monica Medeiros. Alderman Forbes. Alderman Michael Zwirko. Alderman Infurna. Alderman Gail Infurna. Alderman Lemmerman. Alderman Infurna. Alderman Lipper-Garabedian. Alderman Infurna. Alderman Medeiros. Alderman Monica Medeiros. Alderman Mortimer. Alderman Michael Zwirko. Alderman Tramontozzi. Alderman Gail Infurna. Alderman Wright. Alderman Gail Infurna. Alderman Zwirko. Alderman Michael Zwirko. the third ballot Michael Zwirko four votes Alderman Infurna five
▶ 1:00:35 Monica C. Medeiros: Alderman Medeiros two Alderman Tramontozzi zero thank you on discussion thank you I think we've been through three ballots tonight it seems as though I believe we'll be at an impasse without some kind of further action and I do believe that we do need to have an acting mayor we need to have a mayor we need to continue with our business I strongly do believe and feel that I am the best candidate for this job that notwithstanding I know know we have excellent capable people among us who I respect very much and we have to move on and certainly if we did nothing we would have our senior member of the Board of Aldermen take over and that would be Alderman Infurna the rules say that because they they respect the experience and the seniority and the
▶ 1:02:33 Monica C. Medeiros: time served, as do I, and although I respect Alderman Zwirko, I frankly think the experience that Alderman Infurna brings is something that's needed and valuable in this situation, and I do strongly believe that the best thing that we could have is a special election, I do hope that if elected president that you have put together a committee and do hear that motion with openness and fairness and so my next vote will be cast for Alderman Infurna we'll proceed to the to the fourth ballot ballot for Alderman Bewtra Mike Sorko Alderman Voiselle Alderman Gail Infurna alderman Forbes Alderman Michael Zwirko alderman Infurna Alderman Gail Infurna alderman lemmerman alderman Infurna alderman Letter Garabedian alderman
▶ 1:03:41 Gail Infurna alderman Medeiros alderman Gail Infurna alderman Mortimer alderman Mike Zwirko alderman Tramontozzi alderman Gail Infurna alderman Wright Alderman Gail Infurna. Alderman Zwirko. Alderman Michael Zwirko. At this time I ask for a fifth ballot in the hopes that it's unanimous. Alderman Peter. Alderman Infurna. Alderman Boycelle. Alderman Gail Infurna. Alderman Forbes. Alderman Gale Infurna. Alderman Infurna. Alderman Gale Infurna. Alderman Lemmerman. Alderman Gale Infurna. Alderman Lipper-Garabedian. Alderman Gale Infurna. Alderman Medeiros. Alderman Gale Infurna. Alderman Mortimer. Alderman Gale Infurna. Alderman Tramontozzi. Alderman Gale Infurna. Alderman Wright. Alderman Gale Infurna. Alderman Zwirko. Alderman Gale Infurna. Eleven votes have
▶ 1:04:58 She's been cast off for Alderman Infurna, and she's been unanimously elected as President of the Board of Aldermen for the year 2018. Ladies and gentlemen, President of the Board of Aldermen for the year 2018, Alderman Gail Infurna. I, Gail Infurna, do solemnly swear that I will be of true faith and allegiance To the Commonwealth of Massachusetts. To the Commonwealth of Massachusetts. And we support the Constitution thereof. And we'll support the Constitution thereof. So help me God. So help me God. Aye. Aye, Gail and Donald. Do solemnly swear. Do solemnly swear. That I will faithfully and impartially. That I will faithfully and impartially. Discharge and perform. Discharge and perform. All the duties incumbent on me.
▶ 1:06:45 Gail Infurna: All the duties incumbent upon me. As President of the Board of Aldermen. As President of the Board of Aldermen. According to the best of my abilities and understanding. according to the best of my abilities and understanding agreeably to the rules and regulations of the Constitution agreeably to the rules and regulations of the Constitution and the laws of the Commonwealth so help me God I, Gail Infurna, do solemnly swear that I will support the Constitution of the United States so help me God thank you very much well what else is there to say this evening i'm going to make this very short and quick we have a big night ahead of us still um this night also belongs to mayor dolan who has served us for 16
▶ 1:07:36 Gail Infurna: years but i do want to really thank this board of aldermen for their support and their trust in me it took a long time getting there um but we are all reasonable adults and this is how we work together. This is how we face tough issues. So I really do thank you. And to Alderman Letter Garabedian and Alderman Bewtra, did you ever think this would be your first vote? We did not make it easy, but you survived the toughest. So we thank you and look forward to serving with you. The next two years will be challenging. There is much to be done. And in the past, we have faced and we've made tough decisions together and we have prevailed. I look forward to working with each one of you and getting your knowledge and your input i really will need it we all need to
▶ 1:08:20 Gail Infurna: work together um so it is both an honor and a privilege to con to have this opportunity and again i really do thank you from the bottom of my heart it's an exciting time thank you so now we have a real meeting to do okay we have one order well first we need to uh have a motion to well actually we need to uh have have a motion for public participation. So moved. Alderman Zwerchel makes a motion for public participation, seconded by Alderman Forbes. All those in favor of public participation, say aye. Aye. All those opposed? Public participation is now in progress. If there's anybody in the audience that would really like to say something at this point, this is your time, come sign in and sit at the chair.
▶ 1:09:16 Peter D. Mortimer: Seeing nobody willing to come forward, motion to close public participation. Alderman Forbes makes a motion close public participation seconded by alderman mortimer all those in favor of closing public participation say aye aye all those opposed public participation is now closed um we have an order before us we have communications from his honor the mayor another president uh before we proceed to that order number four on our agenda tonight uh is the adoption of the rules of order of the board of alderman for the year 2018. thank you very much and um since i just read the order our clerk of committees need not or our city clerk and i would make a motion that we accept the rules of the board of our order of the board of alderman for the year 2018. alderman mortimer
▶ 1:10:00 Michael P. Zwirko: makes a motion to uh adopt the rules of the order of the board of alderman seconded by alderman Boisselle on discussion thank you madam president i had an amendment to the rules that i would like to make at this time i was hopeful that maybe a motion that was put on the floor could be withdrawn I will so withdraw Alderman Mortimer withdraws his motion Alderman Boisselle will withdraw his motion thank you I just have two quick amendments to the rules at this time the first amendment that I'd like to make is that rule 29 under order of business I ask that we change bullet point number three from public participation to public comment thank you I also make an amendment on rule number 48 that the first sentence be
▶ 1:10:41 Michael P. Zwirko: struck and then it read heretofore as such the Board of Aldermen shall at the first meeting in January nominate and elect a president for the ensuing year I'll second that motion Alderman Mortimer will second that amendment just to clarify folks it removes the December vote just a point of clarification could you read the sentence as it would be stated in your amendment the amendment shall read striking the entire first sentence of rule 48 it will be replaced with the following language the Board of Aldermen shall comma at the first meeting in January comma nominate and elect a president for the ensuing year the remainder of that rule will stay the same in other words you're dismissing the caucus that is correct the December
▶ 1:11:39 caucus will no longer exist when electing a board president madam madam chair I would like to make a motion to vote to divide the motion to amend I'll make a motion to divide and motion to divide is a non-debatable so privilege it's automatic you have to eliminate the last one about the comments rather than participation okay and madam clerk I thank you I do recall that so if we want this to about we could adopt apologies I can withdraw this that these amendments to the rules will be forthcoming in a future meeting great thank you very much all the my motion to adopt the rules of order of the Board of Aldermen for 2018 thank you second Mortimer seconded by Alderman Boisselle any further discussion
▶ 1:12:35 Gail Infurna: seeing none are we ready for the vote yes yes yes yes yes yes yes yes yes in president Infurna yes 11 votes that order number 2018-111 passes we have communications from his honor the mayor and other city officials order number 2018-112 presentation of the public safety building feasibility study by the public safety building committee that order will be sent to the committee on appropriations. Is there any new business? Seeing none, are there any orders out of order? Any orders from committee? Seeing none, there's no orders on the calendar. Motion to adjourn, Madam President. Alderman Mortimer makes a motion to adjourn, seconded by Alderman Boisselle. All those in favor of adjourning say aye.
▶ 1:13:53 Gail Infurna: Aye. All those opposed? We're on our way over to the Memorial Hall. Thank you.