City Council — 2022-06-06

City Council Regular Meeting

This meeting starts at 44:45 in a recording that covers several meetings.

Attendance

Christopher Cinella present · President; Jack Eccles present · At-Large; Mark Garipay present · Ward 4; Jen Grigoraitis present · Ward 6; Maya Jamaleddine present · At-Large; Manjula Karamcheti present · Ward 1; Shawn M. MacMaster present · Ward 5; Leila Migliorelli present · At-Large; John Obremski late, 7:57 PM · Ward 2; Robb Stewart present · Ward 3; Ryan Williams present · Ward 7

Agenda

Minutes

CITY OF MELROSE CITY COUNCIL BULLETIN● JUNE 6, 2022 Council Chamber, First Floor, Melrose City Hall Regular Meeting 7:46 PM 562 Main Street, Melrose, MA 02176 Attendee Name Title Status Arrived Jack Eccles At-Large Present Mark Garipay Ward 4 Present Jen Grigoraitis Ward 6 Present Maya Jamaleddine At-Large Present Manjula Karamcheti Ward 1 Present Shawn M. MacMaster Ward 5 Present Leila Migliorelli At-Large Present John Obremski Ward 2 Late 7:57 PM Robb Stewart Ward 3 Present Ryan Williams Ward 7 Present Christopher Cinella President Present

ORDER-2022-126 Grant Acceptance of One Hundred and Fifty Thousand Dollars ($150,000) from An Act Relative to Immediate Covid-19 Recovery Needs for accessibility and safety improvements for the 2 elevators at the Melrose High School Assigned to Committee Appropriations & Oversight Committee

ORDER-2022-127 Grant Acceptance of Three (3) MassDOT Shared Streets and Spaces Program Grants for various equipment and pedestrian safety measures funded at a total of $158,843. Assigned to Committee Appropriations & Oversight Committee

ORDER-2022-128 Enterprise Fund Proposed FY23 Sewer Rates Assigned to Committee Appropriations & Oversight Committee

ORDER-2022-129 Transfer City of Melrose Page 1 6/14/2022 4:11 PM Minutes City Council June 6, 2022 A Transfer from Human Resource Salary and Wages (011521- 511000) in the amount of $2,000 (Two Thousand Dollars) to Human Resource Advertising (011522-520500). Assigned to Committee Appropriations & Oversight Committee

ORDER-2022-130 Appropriation An Appropriation from Free Cash, account 01-324001, in the amount of $341,621.03 (Three Hundred Forty-One Thousand, Six Hundred Twenty-One Thousand Dollars and Three Cents) to various Public Works Snow and Ice accounts as set forth herein. Assigned to Committee Appropriations & Oversight Committee

ORDER-2022-131 Bond Authorizing a Bond for the replacement of the Salt Shed. Assigned to Committee Appropriations & Oversight Committee

ORDER-2022-132 Appropriation An Appropriation from Free Cash, account 01-324001, in the amount of $1,225,000 (One Million, Two Hundred Twenty-Five Thousand Dollars), to various stabilization accounts as set forth herein. Assigned to Committee Appropriations & Oversight Committee

ORDER-2022-133 Appropriation An Appropriation from Free Cash, account 01-324001, in the amount of $34,010.35 (Thirty-Four Thousand, Ten Dollars and 35 Cents) to Pine Banks, Capital Outlay, account 016523-551099. This appropriation will be used to pave the parking lot by the playground & lodge. Assigned to Committee Appropriations & Oversight Committee

ORDER-2022-134 Appropriation An Appropriation from Free Cash, account 01-324001, in the amount of $270,000 (Two Hundred Seventy Thousand Dollars) to various IT accounts as set forth herein. Assigned to Committee Appropriations & Oversight Committee

ORDER-2022-135 Appropriation City of Melrose Page 2 6/14/2022 4:11 PM Minutes City Council June 6, 2022 An Appropriation from Free Cash, account 01-324001, in the amount of $783,025.22 (Seven Hundred Eighty-Three Thousand, Twenty-Five Dollars and Twenty-Two Cents) to various Public Works Accounts as set forth herein. Assigned to Committee Appropriations & Oversight Committee

ORDER-2022-136 Appropriation An Appropriation from Free Cash, account 01-324001, in the amount of $75,967.40 (Seventy-Five Thousand, Nine Hundred Sixty-Seven Dollars and Forty Cents) to various Community Service line items as set forth herein. Assigned to Committee Appropriations & Oversight Committee

ORDER-2022-137 Appropriation An Appropriation from Free Cash, account 01-324001, in the amount of $267,000 (Two Hundred Sixty-Seven Thousand Dollars) to various school accounts as set forth herein. Assigned to Committee Appropriations & Oversight Committee

ORDER-2022-138 Appropriation An Appropriation from Free Cash, account 01-324001 in the amount of $76,400 (Seventy Six Thousand and four hundred dollars) to various general government accounts as set forth herein. Assigned to Committee Appropriations & Oversight Committee

ORDER-2022-139 Appointment Appointment of Janet Nevin, 415 East Foster Street, to the Council on Aging; said term to expire on the last day of February 2023. Assigned to Committee Health, Education & Welfare Committee

ORDER-2022-140 Appointment Appointment of Kristin Thorp, of 77 Wentworth Road, to the City of Melrose Council on Aging Board, for a three-year term, said term to expire the last day of February 2025. Assigned to Committee Health, Education & Welfare Committee

ORDER-2022-141 Transfer City of Melrose Page 3 6/14/2022 4:11 PM Minutes City Council June 6, 2022 A Transfer from Temporary Interest, account 017522-549100, in the amount of $74,000 (Seventy Four Thousand Dollars) and a transfer from Health Insurance, account 019142-549201, in the amount of $81,000 (Eighty One Thousand Dollars) to the City Solicitor budget as set forth herein. Assigned to Committee Appropriations & Oversight Committee

ORDER-2022-142 Appointment The appointment of Ana Vasconcelos, of 37 Washington Street Apt 106, to the City of Melrose Commission on Women, for a three-year term, said term to expire the last day of February 2025. Assigned to Committee Health, Education & Welfare Committee

ORDER-2022-143 Appropriation An Appropriation from Mt. Hood Retained Earnings, account 620000-319000, in the amount of $92,000 (Ninety-Two Thousand Dollars) to Mt. Hood Professional Services, account 620000- 529000 to fulfill contract obligations. Assigned to Committee Appropriations & Oversight Committee

ORDER-2022-144 Appropriation An Appropriation from Water Retained Earnings, account 6100- 319000, in the amount of $570,098.10 (Five Hundred Seventy Thousand, ninety-eight dollars and ten cents) to various water accounts as set forth herein. Assigned to Committee Appropriations & Oversight Committee

ORDER-2022-145 Appropriation An Appropriation from Sewer Retained Earnings, account 6000- 319000) in the amount of $1,123,629.51 (One Million, One Hundred Twenty-Three Thousand, Six Hundred Twenty-Nine Thousand and fifty- one Cents) to various Sewer accounts as set forth herein. Assigned to Committee Appropriations & Oversight Committee

ORDER-2022-146 Appropriation City of Melrose Page 4 6/14/2022 4:11 PM Minutes City Council June 6, 2022 An Appropriation from Ambulance Retained Earnings, account number 6500-31900, in the amount of $73,355.98 (Seventy Three Thousand, Three Hundred Fifty-five dollars and ninety-eight cents) to various ambulance accounts as set forth herein. Assigned to Committee Appropriations & Oversight Committee

ORDER-2022-147 Appropriation An Appropriation from the Peg Access Cable Fund (#2922) in the amount of $276,764.16 (Two Hundred Seventy - Six thousand, Seven Hundred Sixty-Four Thousand and sixteen cents) to MMTV and Melrose Public Schools. Assigned to Committee Appropriations & Oversight Committee

ORDER-2022-148 Stabilization Fund Reauthorize the previously adopted Order to Create an Education, Public Safety & Substance Abuse Prevention Stabilization Fund. Assigned to Committee Legal & Legislative Committee

LIC-2022-12 License - Second Hand Dealer License: Application for Madison Ave of Melrose (MAOM Holding Company) Granted with restrictions City Council

LIC-2022-11 License Request for Special License to house four (4) dogs at 58 Trenton Street, Melrose, MA Granted

LIC-2022-13 License - Gasoline Storage License: Gasoline and Storage Licenses Not Renewed 2022 Assigned to commitee Protection and License Committee

LIC-2022-14 License - Gasoline Storage Gasoline and Storage Licenses Renewals 2022 Assigned to commitee Protection and License Committee

ORDER-2022-116 Transfer City of Melrose Page 5 6/14/2022 4:11 PM Minutes City Council June 6, 2022 A transfer from Seminars (011122 540700) in the amount of five hundred thirty five dollars ($535.00) to City Council Printing Services (011122 521000) to fund FY23 Budget Public Hearing ads and office supplies for the Council. Passed

ORDER-2022-117 Grant Acceptance of a Fifty Thousand Dollar Grant from the Executive Office of Administration and Finance for Streetscape Infrastructure Upgrades Passed

ORDER-2022-125 Appointment Re-Appointment of Joseph Nevin, of 415 East Foster Street, to the City of Melrose Liquor License Commission for another six-year term, said term to expire the first day of June 2028. Adopted

INFO-2022-7 Informational Information Item Updating City Council on Salt Shed Filed

LIC-2022-6 License - Second Hand Dealer 2nd hand dealer - Transfer of ownership; Apple of My Eye Granted

LIC-2022-7 License - Second Hand Dealer 2nd Hand Dealer Renewals 2022 Granted

LIC-2022-8 License - Hackney License Livery Car Service Renewals commencing May 1, 2022 Granted

LIC-2022-9 License Livery car service - Non renewal 2022 Granted

LIC-2022-10 License - Hackney License City of Melrose Page 6 6/14/2022 4:11 PM Minutes City Council June 6, 2022 Hackney Carriage (Taxi) licenses renewals commencing May 1, 2022 Granted City of Melrose Page 7 6/14/2022 4:11 PM

Transcript

▶ 44:54 Christopher Cinella: council meeting. The time is now 7:46. I am counselor. Sonala the council president. If we could have a roll call. Counselor Eccles, you're counselor garapay here Council of gregoritis here. Council is your melodyne here Council of karamchetti here councilman McMaster. Council amigliarelli here counselor oprensky councilor Stewart here councilor Williams here president sonella. Yeah 10 president, please rise for the Pledge of Allegiance. pledge Okay. There is no objection this evening. I'd like to approve our minutes from The Joint meeting with the school committee from May 16th as well as the regular council meeting from May 16th. So, you know objection those minutes are now approved. And if there is no objection, I would like to open up for public

▶ 46:08 comment. So no objection public comment is now open if there's anybody wishing to speak on a matter. Yeah, go ahead and like take the Can you please stay your name and address please Connors? Okay, just want to start to say that I also I have social media posts text message emails affidavit statements to back up everything. I'm about to tell you. We're addressed to I didn't get 49 Court Street, Wakefield, Mass. Okay, and I apologize if I get emotional but what Katie Murphy did to my family is horrific. Okay. I met Katie Murphy on September 8th to 2019 where she hosted an unsolicited fundraiser and honor of my husband which 100% of the proceeds were to benefit my family. My husband Luther Hawaii and was

▶ 47:09 fighting a battle against Als at the time. He knew Katie because he did repairs on merchandise Katie sold on consignment. We learned of this event when we saw Katie's Facebook post for the love for Lou fundraiser. My husband was so grateful Katie organizes event in his honor. Katie started collecting donations via venmo before the event even happened I attended the love for Loop fundraiser along with many of my friends and family, which was held on Melrose Victorian Parade day. The event appeared to have an overwhelming response people were coming in off the crowded streets. paying a cover at the door to to come inside to buy raffle tickets for items donated by various businesses. A close friend of my husband Jim Dobbs had traveled

▶ 48:00 several hours to attend the event. He brought with him multiple pairs of shoes to be raffled off Katie took the shoes and said these will do much better on consignment and place the items downstairs. Jim is a modest man and it was a very generous donation for him to give we never heard anything else about his donation whether they were sold or not in gym never received his items back. They were valued at 1,040. On November 6 2019 my sister-in-law Rita chokijian reached out to Katie via text about receiving the money that was raised in these messages Katie states that she hasn't been able to pay us for tax reasons due to the alleged robberies at her store. She goes on to say that over $8,000

▶ 48:45 went into venmo in one day alone. Then she says $3,000 in cash was raised that we could have immediately. We never saw any cash. I have statements from my friends and family of the cash. They spent that day and it equaled 5,735. They were also many people. I didn't know that there that I saw paying at the door and buying Raffles in cash. Katie also stated there were five to six checks one being from Susan to Villa for the amount of $5,000. There was another check I was able to recover for the amount of $30 still leaving three to four checks that never were accounted for. Katie claims the event raised 15,284 dollars, but this number does not match what Katie previously stated? The amount that I can prove is 18,765. This

▶ 49:42 is with missing checks missing venmo transactions and missing cash. I then reached out to many of the donors to find out if their prizes were ever redeemed. The Only Winners I could find were her best friend Danielle. Mazzoni and her boyfriend's sister Gia Guarino. Do you geogrino redeemed a gift card that Dominique de Stefano donated I have here a statement from Mr. Stefano that Gia was bragging about how many items of the raffle that she won also that she was going to win the Louis Vuitton bag only to sell it back to Katie to make money off of it. I then reached out to Danielle. Mazzoni. At the beginning of the event Danielle told me Katie was her best friend. Miss mazzoni I have 17 pages from Miss Missouri stated that

▶ 50:34 my brother-in-law Beacon halaji and had won multiple prizes and that they had pulled all the winners and their names and they were entered into Katie's computer Janelle said all of the winners were supposed to be contacted the next day. I asked one of the donors to reach out to Katie about who won her gift card Katie messaged her back a partial picture of the winner sheet. That included the names of vegan hawajian Sosa. Yapujian, Lindsey Berry Rocky Roxy postal postagalian. I don't know and Susan tevilla. Till this day, none of these people have been contacted for their prizes. Katie also told Beacon hawaji and that his father-in-law Steve. Russo was a prize winner. Steve has never been contacted either.

▶ 51:21 On December 30th 2019. I walked into Melrose police station to file a complaint against Katie Murphy. I met with officer Alex. Bear cone. I explained to him that Katie Murphy had a fundraiser for my husband on September 8th, and we never received the money. He told me my detective is going to love this. We have multiple complaints against her. Days later. I met with Detective McNamara. I brought him approximately 60 pages of affidavits text messages social media post all proving that the event was fraudulent. after meeting with Detective McNamara this prompted me To reach out to a woman named Trish Tremblay an attorney with an office in Melrose Katie and Trish claimed to be related which is not true. But they were together often Trish

▶ 52:14 was one of the people collecting cash at the door that day. On January 10 2020. I called Trish to tell her about the unimaginable crime. Katie had committed against my family. In response, she started complaining to me that she was a winner of a raffle another friend of Katie's. I have a basket of makeup that she claimed to be used. I tried explaining to Trish that I had nothing to do with the items raffled and that I believe that Katie had stolen upwards of thirty thousand dollars from my family and she was comparing this to a used eyeliner. She then said to me. Will you drop the whole thing if I make this fright, I had made this phone call on speaker phone. I have a statement from a miss Catherine O'Shea who heard every word

▶ 52:58 Trish said the following Monday Trish accompanied Katie to Melrose police station with a cashier's check dated, January 13th 2020 for 15,284 dollars. Which I believe to be about half of the money raised my husband Luther hallaji lost his courageous battle with ALS on November 16th, 2019. I am grateful that he was not around to see Katie's true colors. Katie Murphy used your city's Victorian fair day and her business Madison Ave as a platform to use my husband's illness for her own personal financial gain. To resolve this matter. I'm asking for a minimum donation of 3,481 dollars to Compassionate Care ALS as well as a check for 1,040 to Jim job for his missing raffle items. The crime Katie committed against my family was unimaginable and

▶ 54:04 in unforgivable. I'm pleading with you all today to never let her do business in your town again. Thank you. Anyone wants to see here's the proof. Does anybody online looking to speak there is so we're gonna just flip to someone online and then someone else. Good. Sorry. Karen can you hear us? back Please okay. Has anybody you used to speak? My name is Lindsey Barry. My address is 49 Vine Street in Saugus. Wrote some notes here. Sorry. I came here today to speak today in honor of the memory of my late friend Luther and in support of his family because I do believe that they were not given the total funds that were raised for the for Luther who was battling as Als at the time of the event held at the store Madison Ave

▶ 55:22 on Melrose. The funds were meant to be raised specifically for his wife and his son. and his family A little background his family has been a long time friends of my family. My mother who was a retired Massachusetts state appeals court judge started going to their accomplish shop David shoe repair in late 70s, and we're actually devastated by the news that our friend had been diagnosed with ALS and wanted to help in any way that we could the opportunity to help came. So about when I heard that Katie Murphy was holding a fundraiser at her store. And immediately my family motivated to get as many donations as we could and my mom had reached out to many people in we tried to just get as many donations as we could to raise this

▶ 56:07 money for Luther's family. I also reached out to Katie and offered to volunteer at to work the event and assist in any way that I could on the day of event my whole family attended and personally donated well over $500 by purchasing raffle tickets and making a donation at the front door. The reason I'm here today specifically is because at the event I was responsible for entry at the front door and I was working with another gentleman who I believe at the time was Katie's boyfriend and we were handling all of the cash that was being given to gain entry to this fundraiser. I was not aware when I arrived that people would need to pay to enter the fundraiser, but it was a suggested donation of $1.

▶ 56:44 And I was at that front door from the first moment of the events beginning until the last guest left. I would say. That the majority of the people gave between 20 and $100 just to gain entry to the store. I don't think I handled a single dollar donation for this entry. Um, this was before even entering the event and purchasing the raffle ticket or raffle tickets or making any other kind of contribution. The turnout of the event was overwhelming. I have to say that I think every Armenian in Massachusetts may have been there and they were Beyond generous. I would just like to mention to you all that Luther. was a very active in a few different communities including the recovery Community the Harley Davidson Community

▶ 57:32 and the Armenian Community as well as a superstar cobbler with a huge following on social media and many many cobbler friends slash fans who showed up in droves to support this cause although I cannot say exactly how much money was raised. There was absolutely no doubt in my mind at the time that it was at least 25,000. I saw extreme generosity people were venmoing for raffle tickets. They were just outright donating donating money. They are putting their name into a raffle to win. I Louis Vuitton bag, which was $100 per ticket for entry to this raffle. And just the front door. I'm alone. The amount of money that we were able to collect was such a testament to the person that Luther was and I have to

▶ 58:16 say that I have never seen such an incredible outpouring of love and support for someone but mainly for his wife and son. I was one of the last people to leave the event that day along with Katie and a few of her other friends and I was told that they would not be pulling any Raffles at that time. I understood completely as many of us had been drinking and I was very thrilled with the Result of the fundraiser it was honestly just we were all jubilant. It was great and surely thereafter. It was in the next few days. I had started to have some concerns about things that I had seen at the event including that merchandise was being stored downstairs and not presented for people to purchase or when

▶ 59:01 in raffle prizes. Additionally there was Concerns about the cash handling at the front door how that money was being accounted for who was responsible for it and where it went towards the end of the night. At the time my mother again is retires. Peels Court Judge. I spoke to her about what could possibly be done and she gave me the advice to relate to Jessica that she could potentially pursue some. Legal matters in regards to this within a week. I received a message from Luther's brother asking me if I was friendly with the store owner and if I could Please reach out to her to see if that she could give the money to the family. That was the money that was raised at that time. I had no idea that

▶ 59:45 the money had not already been given to them. There was a gentleman who brought in a large amount of shoes and I specifically remember thinking that my sister would definitely want to buy a pair and I was surprised I never saw them presented to people to purchase. and Sorry. So I can really only speak today of my experience because I've heard plenty of things in general about. Katie Murphy and her operation. I will just speak to what exactly I saw and witnessed and that was that extreme amount of money was brought in that day at the raffle. I personally handled an extra a large amount of cash that was donated at the door and I do not believe that Luther's family has been given the full extent of the amount of money that was raised at

▶ 1:00:37 this event. I actually think that they were given approximately half of what I considered to be. What was raised after our friend Luther passed away. I thought that maybe this is situation could be rectified and it actually breaks my heart to think that of all people on this Earth someone who was so generous and selfless in there for other people in so many ways, we'll have been taking advantage of it actually sickens me that This would be done to his wife and his son. Luther was an extremely successful cobbler. and the amount of money that was raised at the fundraiser would never be enough to compensate what he would have been able to bring into his family if he had Been able to overcome ALS.

▶ 1:01:22 I just think it's unforgivable that. Even that amount of money that was raised was not given to his family. They would have been able to do great things with that money before he passed away to support his recovery to give him, you know able ability to get into his home and and modifications and there was so many things that could have done before he lost his battle with ALS that would have helped it tremendously in his last weeks and months. I appreciate this opportunity to be here today to talk about my experience and to support this family. Who did not deserve? The way they were treated. I don't think that any amount of money could make it right at this point because I just think that even

▶ 1:02:05 Christopher Cinella: if you gave them every dollar that was raised the fact that we have to be here tonight and and be talking about this is is unacceptable. It's unacceptable. Thank you for listening and I appreciate your your consideration for what I've had to say, and I hope that you will take it very seriously in terms of your decision regarding her business license. Thank you. Okay, so procedurally, we have two public hearings this evening as well. I'm not really sure who's here to speak on any of those items. So we just have to pause public comment at this time. We'll get back to it. But we do have to open up for our hearing anyone wants to make a motion to open the prison. I make a motion to open the public hearing second.

▶ 1:02:53 Christopher Cinella: Potion made by Council McMasters seconded by a counselor Williams all those in favor opposed. Okay. Our public hearing is now open for the 8 o'clock Madam clerk. If you want to just order one 2022-123 water Enterprise operating budget for fiscal 2023 in the amount of six million 119,429. Is there anyone here this evening to speak on that item? Seeing none anybody online for that. Not at this time, okay. Order 2022-124 sewer Enterprise operating budget for fiscal year 2023 in the amount of eight million 793,909 dollars. Anyone in here this evening to speak on that. Sorry, if you could come on up and state your name and address, please. Oh everybody. My name is Joe pelrine. I love it 70 Howard

▶ 1:03:57 Street. I was kind of mixed up on the orders. I think I want to speak on the next one also. Just some I looked at the budget as best I could trying to figure out what was what? And I noticed that in the water and seweram budgets. the seller salary lines They you know identify form and labor, you know, whatever. And so the two departments combined have 12 full-time employees, which is a pretty good Department. I also noticed though that they have I think it was either 15 or 18. Part-time salaries going against those two budgets. So my question tonight is you know. I know way back one at the previous. Public Works director instituted this policy. It was one or two people. Being charged off to the water or sewer for

▶ 1:05:03 Christopher Cinella: answering the phone or maybe chasing down delinquent water bills. But now we're up to these double digit figures and I'm just curious what these people are doing and What's the total dollar value? That's going to be hit on the two accounts. Okay. Thanks. Anybody else here to speak on those two items? Seeing none. I entertain a motion to close the 8 o'clock hearing motion to close public hearing second. Commission of those public hearing made by counselor Eccles seconded by counselor. Migliarelli all those in favor. Aye you opposed seeing none. Okay, our public comment can continue but then at 8:15, we have another one of these. Anybody else here to speak in public comment? On any of the other items on our agenda outside of

▶ 1:05:54 the hearing. I believe you'll be speaking when that order comes up. But anyone else just going to speak in public comment on that order or any other orders? Hi. I'm Robin Peavey from Buckley's General Store. I came in tonight and I also contacted all the councilman today because it's you know, I just heard some of this. Going back and forth It's I have nothing to do don't want to know don't need to know about what Katie has done doesn't didn't do want to do because I know that's important. I just it's not what I'm concerned with. What I'm concerned with is a business owner is the fact that Two weeks before Christmas I could get a cease and desist letter saying that I have to shut my business down because somebody

▶ 1:06:49 has is upset and going to make complaints. I found it to be very upsetting. I mean that's not about the complaints that's not about the business that's about the process that I'm concerned with. And I think is a city we need to think about that. I know we have a new person in the mayor's office who's kind of liaison between businesses and the city and I look forward to working with Lauren. I'm sure that she will be able to to do a lot with that but the very fact that I mean, I don't even know when this all happened again. I know nothing but I don't know how long ago it was or complaints. It may have happened. I don't know how long ago they were but that is now come up tonight. two three five seven years later

▶ 1:07:36 worries me that the city doesn't address things when they when they should. and then all the sudden decides so many years later that they're they can shut a business down. That's worrisome to me is a business owner. So I do feel like this needs to be thought through on the process and how this is handled. It's not about the person it's not about the business about the events. It's about the fact that there should be a very clear process for complaints. There should be a clear way. There's somebody really has a real issue with the business that they have a direct way to go and speak to someone and have that address. They shouldn't have to wait two three five years. And as a business owner, I feel very strongly that he has

▶ 1:08:21 free market here. I mean I look at many of you and I know that what your beliefs are in that area that you know government should be small businesses should be able to run their businesses. They see fit. But I don't understand then. If somebody decides to just jump in and they don't like me, they don't like my business they can just shut me down. It's it's weird. Like I if I if I had this many if I had this test somebody that I just heard about my business I wouldn't be in business. I mean if people are that upset with the way I did business I wouldn't be in business. It's I don't see where the city gets involved where the government gets involved and deciding which business should be able to operate what should

▶ 1:09:04 business should not be able to operate. Unless it has to do with the health and safety of the city in the people who live here. So that's all that's my two cents. I'm concerned about it. I'd like to see a better process. I hope one comes out of this. I'm sure it probably will have great faith and all of you you're all great people. So I just really hope that that is something that we think about moving forward. Anybody else wishing to speak? again, if you could state your name and address, please sure also written out a statement my name is Susie Bates. My husband and I have owned our home in Melrose for over 30 years. We've raised two daughters here in Melrose who graduated from Melrose High School in the years of 2017 and 2018.

▶ 1:09:57 They both went to their Junior and Senior year proms. This doesn't seem a this has to do with Madison Avenue. I'll get to that they're prom dresses are expensive. I have after after the proms. I have four expensive prom dresses purchased from a place in Peabody named glitterati that I wanted to sell. total value conservative estimate between 2000 and 2200 I called Madison Avenue. They were willing to sell them for me. But requested that I have them dry clean first. So I dry cleaned them for another 150 and took the forward dresses to Madison Avenue. I was greeted by Katie Murphy's shop assistant. I don't know her name. The store was busy. I was asked to hang the four dresses in their dry cleaning bags up high

▶ 1:10:48 on a rack the assistant had me write my name and phone number on a piece of paper and she attached it to the hanging dresses. I asked if I needed a receipt. She said no, don't worry. This is how we do it. That was an early 2019. Yes, it's my mistake to leave the store without a receipt. Months went by when I didn't hear back from Madison Avenue, but life was busy and I let it slide more than eight months later. I put off going into the store the fall of 2019. came and went In December, I had a cancer diagnosis that sent me back even a few more months. Finally in early 2020. I went into the store to inquire about the dresses. I was informed by Katie Murphy that after a few months, maybe three or four months. I should have come into the store

▶ 1:11:39 to pick up the dresses and that at this point. They were no longer mine. I was never told a policy of three or four months after which I was supposed to check in about the dresses. I was told that she had to put the dresses in storage and that I owed her money for storing the dresses for so long. At some point I raised my voice in the store and I said that she has stolen from me. She pointed out to her security cameras and warned me that everything I say and do is being recorded. I said, oh good. I'll say it again in front of your cameras even more loudly. I repeated myself. You have stolen four prom dresses from me with a value of about 202200. I hope everybody in the store. Would take this as a warning.

▶ 1:12:27 Christopher Cinella: I left angry. I reported this to the police in early 2020. That's my story. I have pictures of the four prom dresses. I can prove that we own own them. Thank you. Thank you for listening. So at this time, we have to open up our second public hearing kind of odd the way this is all lined up this evening, but I will entertain a motion for our 8:15 public hearing. If we listen to open the public hearing motion effect by counseloritis second about councilman for our 8:15 public hearing all those in favor. I I opposed seeing none. Order 2022-119 city of Melrose operating budget for fiscal year 2023 in the amount of 95 million two hundred fifty six thousand and eighty dollars. Anyone here this evening to speak on that line item.

▶ 1:13:22 It's the power on. I'm back. I'm not actually sure if this is where I want to speak. I saw on the meeting agenda portal today that there are a bunch of line items like that money wants to be transferred within safe from water to another account or sew it to another account. Is that fall under this window Perfect? All right, so I saw that. There's two lines one for the water department for like a half a million and one for the suit Department. For 1.2. So totaling approximately 1.7 million dollars in the city wants to transfer that money. To set accounts and then there was no descriptions of what accounts this money is going to go to. And this is my thinking. It's the second week away from the end of the fiscal

▶ 1:14:30 year. and the water and sewer department has a 1.7 million dollar Surplus that they're going to disperse to different accounts I think we'll be an overcharged. I mean, how can we have that much money? at the end of the year That's a lot of money and I think that instead of whatever these accounts are. Hopefully it'll be identified in the meeting tonight where these funds are going. I think that the funds should go back to the rate pays and we have no rate height this year. And that's it. Thank you. Thank you anyone else here to speak on that line item. None Madam clerk. What's the next one license? 2022-11 Article 2 Section 93-5 special license to house for dogs at 858 Trenton Street Melrose.

▶ 1:15:25 Christopher Cinella: Anybody here to speak on that? No one online. Seeing nobody to speak on those two. I went to motion close the 8:15 motion to close the hearing second motion to close the hearing made by Castle gregorite a second by counselingarelli all those in favor opposed. Thank you back to public comment. Anybody else here public comment to speak on anything else on the agenda? nobody Okay. And no one's online. Okay. So there's no objection. We will now close public comment for this evening. Seeing no objection are public comment is now closed. You want to go back to Appropriations that you want to skip ahead to anything? Take another out of order. Sister, that's all right. So you're looking for emotion to take while I'm just so

▶ 1:16:25 Christopher Cinella: many orders. A sense is most of the folks are here for a certain order. So I make them wait. License 22-12 out of order. So I could motion to take 22-12 out of order by Council grigor right a second by councilor Eccles all those in favor. Aye. Any opposed seeing none so that water is now out of order. I would Mr. President, I would make a motion at this time to seek immediate consideration on order 2022 licensed 2022-12 is you indicated. We have many members. Of the public here tonight, and I really think the city needs to make a decision about this knowing that the business has been closed for quite some time. Communities considerations being seeked any no objection at this time. So this matter is now before us this

▶ 1:17:15 evening. and there's no objection. I'd like to suspend our rules so that we could hear from our believe business owner and Council point of water must Mr. President, sorry, can you read the order for the record? License 2022-12 license application from Madison Ave. Melrose Mao maom holding company rules and our suspended he could identify yourself a good evening. Thank you, Mr. President and members of council. My name is Charles Gill. I'm a lawyer with the law practice at six zero weight Main Street in Melrose. And I'm sitting here with the applicant Caitlin Murphy also known as Katie Murphy. Katie is the owner of a second hand apparel shop also known as a consignment shop in downtown Melrose called

▶ 1:18:16 Madison Avenue. Katie's here because On April 14th. She received. a seasoned assist letter from our our city solicitor that effectively shut down her business. She's been out of business for approximately six weeks. I am here. as her attorney because I believe that she has been unfairly. aligned and slandered I'm here to tell you that she is not a witch. but unfortunately from what I've heard not just this evening, but since I was first asked to represent Katie a little over a week ago. I have heard. scarless comments about her personally and about a business that has thrived at this location by its first owners are owned by her aunt for 11 years and Katie is his own the business and operate

▶ 1:19:34 the business since January of 2017. I feel like I'm at a disadvantage as an attorney. I've been doing this for 40 years, and I've represented a lot of business people in this town. I represented. contractors auto mechanics auto body dealers landlords restaurants auto dealers a lot of professional businesses as well and this town and elsewhere. And when my clients have a problem with customers. And even lawyers have problems with customers we call them clients. We don't have to we don't get a cease and desist letter. Saying stop your business. And we aren't summoned to City Hall where we're happy to be here. Because we understand that there is a second hand dealer license involved for 125 dollars.

▶ 1:20:38 She can get a second hand dealer license. I didn't even know there was an ordinance on the books for this and I began I've been doing this for 40 years. apparently neither did a lot of other people because she's Katie's never known. There was a requirement for a second here in your license. Probably a lot of the municipal officials who would shop at a store didn't realize that either. But she requires one. What she doesn't need. is This Witch Hunt this these these statements of innuendo and rumor in character assassination and to publicly humiliate her in such a forum. when my clients are getting a lot of business people in this town they have an issue. We go to court. If necessary, or we try to work something out.

▶ 1:21:40 preferably because I think it's a disservice to your client. If you don't try to seek a solution among parties who are willing to bargain for a solution but in this case I've never seen such an ambush. I don't put it on this Council. I don't think I don't think this is the appropriate form for the type of allegations that have been made against my client. I feel terrible. From his corners and her loss. I've had friends die by ALS. It's just a horrible way. And it's it's heartbreaking. I'm not saying that to listen sympathy from Mrs. Corners or from this come this this Council. But she's making a business complaint. In business complaints if they're not resolved amicably among the parties can be resolved in

▶ 1:22:37 court. Where someone can present evidence? The other side can present other counter evidence. Witnesses can be cross-examined. And instead of torches and pitchforks. We have things called evidence. And we can answer the allegations in an appropriate form. Ms. Murphy 31 years of age graduated from Providence College. She's a lifetime Melrose resident. I that's not true. She grew up in Melrose now lives in Medford. She graduated from Melrose High School. She was the captain of the women's hockey team the girls hockey team. She's had a thriving business. That she's operated. For over five and a half years. One of the other speakers said how is it that someone who has such a poor business reputation can Thrive that

▶ 1:23:43 is remarkable. She has several hundred customers who are ready steady customers. She has an excellent business that now she can't run. She pays rent. to a landlord who's a business owner himself a formerly was She has bills to pay also and she hasn't been able to pay those bills. When I first was retained by Katy. I asked to seek an audience with with the chief of police Michael Lyle. Well, I've known since high school. I I think it's very highly of Chief Lyle. I think he's a man of utmost integrity. I like to think he thinks the same about me. Perhaps not but I think he does. And we've had business together before and we've been opposite sides of things but we've always been able to I've always been

▶ 1:24:40 able to try to figure what does the what does the chief want here? Because the chief rejected as you know, because you have the applications in front of you he rejected or at least he put a denial of his position of Katie's license. And so I asked the chief. Why and I think the chief would support what I'm saying. He said Charlie we've had. several incidents involving your client involving customers who have been unhappy in one form or another regarding either purchases. They've made or experiences. They've had with Katie. To which I responded but that's why I'm in business. I have that's my clients my customers this it's not everybody gets along and not everybody is a happy customer. Though I voucher if that she has.

▶ 1:25:32 Far more happier customers than she does unhappy customers. and so the chief pointed to five particular incidents three of which which happened in 2019 two of which happened more recently. I believe earlier this year. involving pocketbooks prom dresses sweatshirts all of which all of which were investigated by the police I don't know if the chief had offered these incident reports. If not, I'd be happy to all of which led to a finding of no criminal involvement in fact, if you look at some of the incident reports The investigating officer himself said this is a civil matter take it to small claims court if you choose to go that route if you can't work it out or take it to court, but this does

▶ 1:26:30 not involve our department because no crime has been committed. with respect to With respect to the fundraiser which happened in September of 2019. She did not take a single penny. For her benefit. Well for anyone else's benefit other than the source of that charity. that fundraiser Luther detective McNamara from the marrows police department an excellent Detective was presented with I presume all the evidence that was alluded to by some of the speakers early this evening. I'm sure he spoke with them all. And I'm certain he spoke to. To Ms. Murphy and he he found no criminal finding. I have texts which I'm not going to belabor, but I have text between Ms. Murphy and detective McNamara saying that I could see I see no

▶ 1:27:42 issues here. You presented all the records I've asked you to present. And we're not going further with this. but somehow somewhere on this yellow brick road. Somebody said we have an opportunity. To take a shot at Katie Murphy. It's not Chief Lyle. Chief is just doing his job and I respect him. He denied his positions. I'm going to deny it. That's fine. I told the chief chief. What can I do to change your mind? Because I do think she's been unfairly maligned. And he said Charlie. I want you to try to work out these issues. And and I told him I would. and I'm probably not the best lawyer in town, but my word is my bond. And I said I will make efforts to work. with any I'm not gonna call them victims because that's that's for Crime. That's for criminal law.

▶ 1:28:53 These complainants who are extraordinarily unsatisfied. with her shop and again, he pointed to five over the course of three and a half years and I just said I need some time. I was just retained a couple of days ago. And he said fine. So I'm making a pitch to you folks. And let me Echo what was said a little bit earlier? Is this Council in the business? City business of deciding what a jury a judge should decide and be able to put an effectively denying her license is putting her out of business. She categorically categorically denies that she did anything. unscrupulous with regard to this fundraiser It's all hearsay. opinion and belief if if the family chooses. To take it a step further and go to civil court with regard to

▶ 1:29:59 that and I hope they don't because I would like to talk to them. Then so be it. And that is the form. for judicate a dispute such as this if a crime was committed. then the Melrose police could take out an application for criminal complaint. in charge with a crime they haven't because they found no crime. They found no criminal involvement. So it's easy to get caught up in the emotions and quite frankly. I have too. It's very emotional. It's just extraordinarily sad. But I think we need to temper. The emotions a little bit here in what are we doing here? Who's next? If I have a client who's not happy with me? And there are some. I make mistakes. other business people in Melrose who have licenses whether

▶ 1:31:01 the law licenses or Auto Body licenses or other types of business licenses so customers can now go to the police and say hey. I feel like I was ripped off. Oh, I don't think I was treated. Well. Oh. that's I think I got short changed and if the police find there's a criminal activity then so be it. But when they don't and in this instance, they did not. this is not the backup plan This is not the backup plan to now. We have a chance to get her. We've been waiting in the weeds. The police didn't do anything. We've decided not to go forward with a civil complaint, but maybe just maybe We can convince the counselors to do what we've wanted to do. To Katie and that's not your job and with all due respect and you do good jobs, but I don't think that's your job.

▶ 1:32:00 So I'm asking for some Earnest consideration. from this from this Council She's a good woman. She has a good business. if her business Survives, then in all likelihood. She's practicing fairly sound effort. She's found she's practicing sound ethical practices if it doesn't survive. Well that happens too. That's how the marketplace works. What I did tell the chief. When I say it, I mean it. She could improve her business practices and procedures and policies. There is a policy in Massachusetts with consignment shops. It's not in the law. But I took a look at a lot of Consignment contracts. I learned a lot about Consignments. There's a 90-day policy. You don't pick up your Weirs in 90 days then they belong

▶ 1:32:56 to the store. And in this Katie's instance, she donates for example the prom dresses and I'm sorry man for those prom dresses. They're important to you and I don't blame me for being upset. She was told. Verbally, it should have been a contract but it's not required by law. And when the prom dresses didn't sell that spring they're not going to sell on the fall. And it was over a year. Which he held those prom dresses and finally she donated them to DCF. My client is a product of the foster care system. she has really close relationships with DCFS adolescent program and she donates what she doesn't sell. to the DCF or other charities She's not a witch. And this shouldn't be a Witch Hunt man.

▶ 1:33:48 This public comment is now over so please she will be out. She has an online business. So does Amazon? So does eBay if we've heard that we yeah, and they haven't heard of her we've heard of them. She needs a brick and mortar store. She brings in a lot of customer. She has a lot of happy customers. She brings them good businesses for all the merchants downtown as they do for her. I'm asking for your consideration. to give her an opportunity to let me you know, I'll talk to I'll talk to I'd love to talk to these people and find out more about what happened and we can I'm sure I'm confident we can seek a resolution with these particular complaints. But the chief presented five to me. And that's the only ones I can deal with.

▶ 1:34:41 That's the only ones I'm going to deal with to the best. I can to best of my abilities. It takes two to do it if I could but I'll do I'll do the best I can. But to sit here and this public forum broadcast on Melrose and to hear the type of things that are said about her. It just turned my stomach. And not because I think they're true, but because I think this is not the place to do it. And I think it's with all due respect two and a half years later after the police have cleared this incident. I think it's not. I think it's a cheap shot. respectfully I'm sorry. I'm again. I've in 40 years of practice. I have I've never and I've gone to a lot of city meetings. What a boards. What a courts. I've never seen something like this where

▶ 1:35:39 Maya Jamaleddine: people can come in and just just drag a business like that. into Oblivion because of unhappiness Thank you casa. Is there any questions for attorney Gill or Miss Murphy? Council duality Thank you. Thank you both and I'm sorry for all the bad experience that you have. I just want to be clear there is a big difference. between unhappy patient and unhappy client and the experience that they have about someone who walked into her store and was not happy with what they bought. We are talking. about family who they did not have the time to grieve. Or say spend good time. before they lost the person And this human and and this was my concern. I'm sorry consulate Mr. President. This is not a back and forth It's counselor at General Dean's opportunity and asked questions.

▶ 1:37:03 Maya Jamaleddine: I I just want to be clear about the difference between unhappy clients and a bad experience and I understand that and yes, I'm sorry. Yeah, it's not a bachelor. Yes. Mr. Gill has been heard Council to John Modine is trying to ask questions of him and she hasn't been able to complete her questions because he's interjected now twice. I'm sorry. I thought she was done when when the counselors down. I'll be happy to passing around you. Please proceed and then Mr. Gilbert you can. Answer the question. I wanted to say sorry. Because our city probably did not handle it well. And did not have a good process. I want to tell. I want to tell you that we heard all good experiences about your business and please don't worry and

▶ 1:37:50 don't have this. Thought about us not supporting good businesses. I wanted to ask you. How are you going to talk with someone who is or with a client? Who is already lost? Who's not with us? How are you going to fix this? Maybe can't be fixed counselor. Maybe can't think but I'm also I cannot finish. That was I'm done. the question and I'd like to give you the answer if you have an answer to God it may be it may be can't resolved. But I'll try and that's all I can do. But that was my concern. These are allegations. In the allegations of wrongdoing were not supported by the police. If they didn't it didn't. Is it? It didn't happen. It didn't happen the way it's being described. laugh A constant McMaster. I have you and the queue Mr.

▶ 1:39:03 Shawn M. MacMaster: President. I just have questions with police chief. I know he's here but if any other consoles have questions from Mr. Gill, I would. At this time castle. No any other castles with questions? Oh and do you want to did you have something I had questions not from Mr. Gill had questions for the police chief. I guess if we can have Mr. Chief Lau wants to come up. rules out suspended And there's no one else in queue you do want it? Okay. Thank you. You want to pull the mic over though, just so that we can get it on. going Cheap the matter before us tonight licensed 2022-11 is a request for a special license to I'm sorry, excuse me, 2022-12 application for Madison Ave of Melrose. This is an application.

▶ 1:40:12 Shawn M. MacMaster: sought by the business owner, is that correct? Yes. So we're here this evening because of an action that was filed by the business owner. Not anyone who has come in to speak to something. On an agenda which allows for public comment. Is that fair to say? Yes. Okay, so we're not here because anybody came to the clerk or came to you and filed the petition to have this matter heard tonight. I just want to make that clear. Chief how many formal complaints have been filed relative to the business practices at? Madison Ave. We heard Mr. Gill reference several complaints how many complaints formal complaints have been filed? So the when you're when you say informal Council, you mean a documented complaint with Police Department either a call

▶ 1:41:00 Shawn M. MacMaster: to the police department to respond to a residence or the address of the business where it's operating or somebody walking into the police department to file a formal complaint. I would say several seven several several and so if Mr. Gill said five is that I mean does you have any reason a question that I went back to Junior one of 2019 there's many more before that but I didn't think it was fair to the business owner anybody else where these things go back to you know, 2015 18 somewhere here. So do we even know if the other people who have filed complaints know that this has happened those folks in the audience that must have picked this up on social media, but we don't know if the other complaints who filed

▶ 1:41:39 Shawn M. MacMaster: something formally with the police department are here or even know about it. I don't know that we don't know. Do you have any reason to believe based on the reports that have been filed at the complaints or something that somehow they know each other or that they're coordinating with one another before I gathered what Mr. Gillis said I want to gathered social media is South Beach folks are found out about Time they they seem to have learned of each other. I think situations. We have a resident of a mother of a student who went to the prom and we have somebody who knew the business owner who lives in Wakefield. We've no reason to believe they know each. I'm not a social media or expert Council, but I imagine these folks have some

▶ 1:42:25 Shawn M. MacMaster: kind of connection. Okay, chief a member of the public as well as attorney Gil reference the age of Miss. Conner's allegation going back to 2019. How long have you been pleased for? 15 years. How long have you been a police officer for her to six years plus? Based on your experience Chief as a police officer. Is it unusual for a crime victim to delay reporting a crime for any reason? Many many do for a number of reasons. Yes, okay. Based on your training and experience. Is it is it possible that there may be other victims out there who just chose not to report what happened? I believe so because that's not unusual when it comes to. Allegations of crime and I want to say allegations but not unusual.

▶ 1:43:11 Shawn M. MacMaster: reporting So Chief the thing that concerns me and I all I know is what I what I've heard tonight what we have that was presented to us on iqm too, but just based on the allegations. And again, I want to stress these are allegations from multiple people. Not one person. It doesn't seem like it's an isolated allegation. There seems to be problems probable cause to believe that there was an intent to defraud several members of the public by false pretenses. Is there a reason that? An application for a criminal complaint have a show cause hearing before clerk magistrate and Malden District Court for larceny didn't happen. Is there a reason? I believe we wanted to District Attorney's office with one at

▶ 1:43:54 Shawn M. MacMaster: one of the complaints and it was denied. So there was referral made to the district attorney's office. I went to the district attorney's office is the District Attorney's Office aware that there have been other complaints. I don't know. Okay, I wouldn't anymore most of these incident reports you're looking at are one and done. Somebody follows a complaint that was it. Okay with the stage for them to take civil action, whatever action they want to do. Okay, I would encourage you based on the fact that there are now. There are several between 2019 and the most recent one is is it just a few months ago? Sunday, okay Sunday I would encourage you to refer this to the district attorney's office with an understanding that

▶ 1:44:37 Shawn M. MacMaster: there are multiple allegations. Not not just one. I agree with Mr. Gill. This isn't a court of law. We are not the judge. We are not the Jerry but there is a consumer protection matter that is a public interest. So I take issue with the characterations of a Witch Hunt and torches and pitchforks and yellow brick roads, because what we have before us is a matter that was filed by a business owner. We have members of the public coming in raising concerns about consumer protection issues. So I you know, I there was an emotion for media consideration. I was deferential to that because I wanted to there out of respect for the business owner attorney Gill the complaintance and other members of the public give them an opportunity to be heard, but we didn't have to go forward

▶ 1:45:25 Shawn M. MacMaster: tonight. Anybody here could have objected on that. I have no problem with you know this being before us tonight, but I do have concerns about characterization that this somehow that there's no jurisdiction here. We have no jurisdiction clearly or allegations of crime, but we do have the ability to address consumer protection issues that there are licensed filed for a reason there is a level of oversight at the municipal level. So I just want to go on the record with that. That's all I have Mr. President. counselorelli Thank you, Mr. President and just reflecting on counselor McMasters words. I I actually I want to I feel really horrible for this situation. I feel really horrible that all of

▶ 1:46:05 Leila Migliorelli: you are here tonight to talk about an issue. That is not something that anyone around this horseshoe has experience with Really just to be honest. I think if there were criminal matters here, they should have been addressed. I mean if they they were not addressed they can still be addressed that should happen because but that is Way Beyond the purview of this this Council and I feel really really sad because I'm seeing people who are upset angry hurt discouraged about the process that's happened within the city in terms of Ms. Murphy's business. And then also with the allegations of crime, but this is not the body to bring It Forward. In fact, I'm not only in my upset. I'm a little I'm irritated on

▶ 1:46:49 Leila Migliorelli: the behalf that this would be brought here that we would even have to hear, you know, characterization of Katie Murphy's behaviors that you have to share these painful stories with us and we can't offer you anything in return. Other than putting her out of business, but this isn't it. I wouldn't want to do the same to any of you based on we're not a judge and jury. So I just wanted to make that statement. I mean we could yes not give her a license. But this isn't this is not a court. This is you are not being able to be heard. She's not being able to be heard and this is not the appropriate body for this. So it really really bothers me that this was ever approached as a as a way a method to go to hear this. It's just not something that

▶ 1:47:34 Leila Migliorelli: we do so I would actually prefer it this needs to go through the appropriate channels whether or not we issue her a license or not does not preclude anyone else from trying to seek, you know, retribution through the court system that can still happen, but we're not the ones that can make that decision. I disagree with counselor. I agreed with counselor McMaster up into that point. I just don't think that we're in a position to do that as a body. We're none of us are lawyers. None of us are criminal experts. We're not with the wrong place. This conversation to be happening and I feel really really sad that your time and your personal stories are being shared here Among Us. It just is a horrible thing to do to everyone in this room.

▶ 1:48:16 Jen Grigoraitis: Thank you counseling agoritis. Thank you, Mr. President. I want to Echo counselorelli's comments that I I'm just this is not the place for any of you to have to come and do this. And I think it's unfair to all of you, and I think we've seen a level of decision making without really kind of thinking through the consequences of that that have led us here. I just want to back up a little bit which is to say that the majority of us have served on the council since 2020 in reading the city code which is what directs this license to be pulled. It's an annual license that needs to come before the council in May. This is the third May that I've sat on the council and it's the first time that any license for

▶ 1:48:58 Jen Grigoraitis: a second hand dealer has come before us. So I first just want to state that some of these issues have clearly been brewing for a long time and we're never brought toward this body and I don't we can debate why or how that did or didn't happen, but that's the reality that I think pretty much every one of us sitting around here has either never had these licenses come before us or have seen it maybe once so, I'm A little taken aback that there was a decision made by the city solicitor to issue a cease and desist on a license that this body and this municipality have not been consistently. Tracking or reissuing and that now we're at a place where someone's business has been shut down. We're having folks come forward

▶ 1:49:36 Jen Grigoraitis: to talk about incredibly traumatic things that they've experienced and we are not able to make any of you whole and I think the fact that you are all here and having to sit through this just feels really wrong. I do want to slightly disagree with counselor McMaster. I if there was a decision made by the police of chief of police to treat incident separately rather than as a pattern of crime, if you're saying that you filed with the DA's office, there was something that wasn't brought forward and then everything else has been closed without being did I understand you correctly being referred to the district attorney's office. That was one of the matters but I'm here for the the permit. That's the only reason I'm here right? I'm

▶ 1:50:12 Jen Grigoraitis: just I denied the permit. That's why I'm here and that's why I'm presenting to you right? I'm just thinking as we talk about as far as these folks in the audience. I mean, that's a silver matter. Right on there be on half. They have to have that right. I just want it. So there's criminal matters which would be referred to the district attorney's office and they would make the decision whether or not they're going to pursue charges that is out of your purview as the police chief that is out of our purview as the city council. There are many avenues for civil complaints including the Attorney General's office under chapter 93a including small claims court also out of the purview of you because the police do

▶ 1:50:46 Jen Grigoraitis: not handle civil matters and out of the purview of this body. So I just I'm really frustrated that we're here as well. And I also don't want to allow my emotions to rule. What is a licensing decision for this body. And also recognize that I don't think through any fault of anyone on this Council. We have not been doing our job because we have not had licenses brought before us for the past couple years. So my mindful that this is years worth of stuff that is now catching up to us tonight in this moment. So, I don't know if anyone else wants to speak or I can make I don't have anybody else in Q that I miss any hands go up. Counselor Eccles wants to say you done counseloritis, or do you want me to I'm all set. I think counselor eckels. Thank you Ms.

▶ 1:51:28 Jack Eccles: President. I just have one question for the chief. I'm looking at just the chapter 143 here. Did you ever petition for a revocation or suspension of license? It seems like there's a few options as to why that could could be the case so fraud in that way he's talking about as far as this business. Yes. If they've never had one there was no way for me to worry, you know, revoke one or request a revocation Fair Point. Thank you. Anybody else for the first time counselor? Migliarelli? Did you end up? Yeah. You know too comfortable grigoritis in counselor, maybe a reality's point. It's frustrating. when it went out of Judge in judge and jury in this in this Chambers and it's it is frustrating that

▶ 1:52:17 Mark Garipay: for me that the administration did not sit down with the business owner and try to work this out instead. It was brought to us. with all with all this information and it's it's it's it's just very frustrating. It's not and necessarily and I preview I guess my question is where we we're gonna stop do we does the building inspector if there is a permit given to a contractor who's got civil lawsuits against him. Do we now start stop giving him building permits? I mean, I just I understand it's different but we're voting on licenses here and we got to be careful on on where we where we decide where we're going to fall on these. So I just am frustrated that this is even in front of us in in the manner in which it is. So that's it Mr.

▶ 1:53:11 Leila Migliorelli: President. They have constantly next that I miss anybody else constantly just one question. So if this the matter that's on the agenda is the license renewal. And that's why the three of you are here I kind of Highly dealt that everyone's been digging through our city council agenda to find out that this was on the matter. How how was I don't know if either Mr. Gill or chief Lyle can explain how the rest of the people are attending tonight to speak on this matter. If this is about a denial of or I could only speak on the five the five. Involved parties that so they were notified about this meeting. I called everyone to see if they their cases have been resolved with the business owner. They said no,

▶ 1:53:54 Robb Stewart: so that's how this all started with me. And that's the reason why I denied the application for the character of the business. Thank you. What is the will? Of the question. How's this? Thank you Mr. President. Thank you being here tonight. She file if if the parties involved were able to resolve. The issues would that change your disposition on? You denying the application? That was the meeting I had with the council. I'm sorry. I didn't hear that was a meeting I have with a counselor. He asked me how this could be resolved. I said make these individuals whole. president it's pretty clear that. It's matter is. wide open and there I think would be difficult for any of us to make any kind of decision here.

▶ 1:54:48 Jen Grigoraitis: And with that I would motion to hold this in counsel. And give these folks an opportunity to try to work it up for they bring back kids. second so we have a motion to hold maybe a council Stuart seconded by a conflict McMaster on discussion Catholic rigoritis. Thank you Mr. President. I'm I just This business has been closed since April and therefore if this is being held in Council that business would have to remain closed. So I have real concerns about holding it. I think that that's Unfair to not have there be some sort of decision and/or temporary license. I recognize counselor Stewart that there are these ongoing concerns. I have questions myself about how it is that the police chief and an attorney work out situations that

▶ 1:55:33 Jen Grigoraitis: usually involve a court but I would be if there was a willingness to revoke the motion to hold to do a temporary 90 day license, which would bring us through the summer months recognizing that there are several events that the city is holding on Main Street and to then allow this body to come back after there's been an ample amount of time for things to be resolved with that would require us to listen to the motion to hold. do you want to amend your emotion or withdraw it and I will withdraw my emotional try emotion counselor. I won't withdraw the second Mr. President. Okay. Well the main motions withdrawn at this time. So I would make a motion. Sorry. It was I did withdraw my second Mr. President. So you want to take a vote on I think

▶ 1:56:16 Shawn M. MacMaster: we just entire. The main motion has been withdrawn. But the second has to be withdrawn as well and you're not going to try a second. Throughout the movie take we can take that vote. We can take that vote. holding this in committee on discussion on discussion Do you have something that's present? I I have generally speaking no concern about their being a temporary 90 day decision on this but the problem is I would have thought the city solicit would be here and I have questions for the city solicitor about why this season does this letter went out what the the criteria was for determining that so I'm just not I'm not comfortable. Going forward on this without an opportunity to ask those questions of

▶ 1:57:06 Shawn M. MacMaster: the city solicitor. I know the chief is there I'm not sure if the city solicit was planning to comment if the city social wasn't asked to come. I don't know so based on that. That's why I'm not withdrawing the second and why I would just ask that we vote on this and then if it doesn't pass certainly another emotion could be made by a counselor at that time anybody else on discussion? on the matter before us to hold in committee or holding the council counselor articles. Yeah. I'm a favorable towards the temporary 90 day license because I think it gives some time for a resolution. And also I think that you know to go back to the the jurisdiction of this Council, I think that we don't we don't have

▶ 1:57:45 Jack Eccles: the unilateral authority to reject a license based on you know, just what we've heard tonight. That being said, I do believe that there could be cause for the chief to pursue a revocation of the license inside a specific chapter of the code, that could have been. Um violated, so that's that's obviously open and then there is revisiting this after 90 days as well. But that's why I'll vote now on this motion at this time. Anybody else on discussion? Okay. So again the motion here is to hold this in the console. Till next time yes vote would be to hold no vote would be a fail Madam clerk Viva voje counselor Eccles. No council of arapay. No council. Gregoritis. No councilor maladene. No council Cameron Shetty. No councilor McMaster.

▶ 1:58:35 Jen Grigoraitis: Yes, councilman glorelli. No. Council abramski no Counselor Stewart, yes. counselor Williams no president sonella No. Nine, no motion. Okay motion fails. I would make a motion to Not recommend, sorry because we're in Council to approve a 90-day license, which would require Madison Ave and Melrose to return before the council at our September 12th meeting at which time I would also request that the city solicitor be present to answer questions. Motion made for a 90-day approximately 90 day. I didn't do the math. I'm just looking basing it on our meeting calendar. Okay effective. immediately Yes. seconded by Council Gary pay and you discussion around that seeing no Chrysler carmichetti. I've been

▶ 1:59:36 Manjula Karamcheti: listening deeply to all the information that's been presented to the stories that were shared and Feel deeply for the situation that you were in and how you were treated and it was very confusing and very complex. But I do feel that. Given our Council we aren't in the business of shutting down businesses. That sort of not what we do. so it is a different avenue for that to be sort of investigated and pursued. And what I hope is that all parties involved, but particularly, Madison Avenue. By experiencing this will take a look at your business your policies how you treat customers and consider better more positive ways forward. but I don't think It makes sense for us to shut down a business. So.

▶ 2:00:52 Maya Jamaleddine: As this body your proposal makes sense to me. Castle generality. Thank you. The reason why I am in support of holding of giving you the 90 days. license is because I am hoping that you can reflect on what you heard today. and improve your business and be able to discuss and hopefully make the right decision with a family and other experiences when I walked into this chamber today. I I've heard about the bad experiences, but I was just bad experiences from clients that will not make me give me the right to give you to close your business to make the decision and close your business. However, when I heard those experiences it made me change my mind. I love Madison Ave. And I love every business

▶ 2:01:55 Jack Eccles: in our city and I'm a big fan and support of all the businesses. But I truly hope that tonight. Would make you reflect. and and give you some motivation to change the policies. And hopefully make up something for this family. Thank you. Anybody else on discussion? that's I think just you know as we think about granting this 90 day license something to consider as a council. I don't there's no action to come out of this. But what? What resolution looks like after after 90 days? I mean we're going to be forced to make this decision again and Some things may still be outstanding. So it's just worth worthwhile to think about that as we kind of Grant this temporary provision is you know 90 days from now what's going to be different and what do we want to be

▶ 2:02:49 different? Thank you, Mr. President. Anybody else on discussion? Seeing none Madam clerk, please. Counselor Eccles. Yes counselor garapay. Yes counselor. Gregoritis. Yes counselor. Maladene. Yes Council. Karim Chetty. Yes counselor McMaster. No councilman. Migliarelli. Yes counselor bremski. Yes counselor Stewart. No counselor Williams. Yes president. Sonala. Yes 9. Yes. Okay Ocean passes. So 90 day. license Okay, so at this time we will recess and go back access motion to recess. The council regarded seconded by Council Williams all those in favor I suppose. Okay. We are now recessed. You ready everyone. Listen to it. All right. Are you clean and Jim? Are you guys ready? Thank you for bearing with us. Yes. I believe Vice

▶ 2:24:38 me back counselor Eccles seconded by President sonella all in favor, and we are a jerk. All right. We are now back in session for the city council. And we have some new business. The clerk if you could run through our first order. Order 2022-126 except this acceptance of 150,000 from an act relative to immediate covid-19 recovery needs for accessibility and safety improvements for the two elevators at Melrose High School Appropriations and oversight. Order 2022-127 acceptance of a three year three Mass DOT shared streets and Space Program grants for various equipment and pedestrian safety measures funded at a total of 158,843 Appropriations and oversight. Order 2022-128 proposed fy23 sewer rates

▶ 2:25:37 I go to Appropriations and oversight. order 2022-129 a transfer from Human Resource salary and wages zero one one five two one dash 511000 and the amount of $2,000 to Human Resources. Advertising 0 1 1 5 2 2 - 5 2 0 5 0 0 then I go to Appropriations and oversight. Order 2022-130 an operation from free cash account zero one dash three two, four zero zero one in the amount of 341,620,000 and three cents to various Public Works snow and ice accounts a set forth here in I don't Appropriations and oversight order 2022-131 authorizing a bond for the replacement of the salt shed. I go to Appropriations and oversight. Order 2022-132 an appropriation from free cash account zero one dash three two, four zero zero one in the amount of 1,225,000 to

▶ 2:26:44 various stabilization accounts as set forth here in I don't go to Appropriations and oversight. Order 2022-133 an appropriation from free cash account 0 0 1 - 3 2 4 0 0 1 in the amount of $34,000 $10.35 to Pine Banks Capital outlay account zero one six five, two three dash five five one zero nine nine. This appropriation will be used to pay the parking lot by the playground and Lodge that I go to Appropriations and oversight. Order 2022-134 an appropriation for free cash account zero one dash three two, four zero zero one and the amount of 270,000 to various. It accounts a set forth herein that I'm going to Appropriations and oversight order 2022-135 no preparation from free cash account zero one three two.

▶ 2:27:44 4001 in the amount of 783,025 and two cents to various Public Works accounts as set forth herein. An Appropriations and oversight order 2022-136 an appropriation from free cash account zero one dash three two, four zero zero one and the amount of $75,967 dollars and 40 cents to various community service line items. I set forth here in I go to Appropriations and oversight order 2022-137 an appropriation from free cash account zero one dash 3 2 4 0 0 1 in the amount of 267,000 to various School accounts a set forth here in Appropriations at homicide. Ordered 2022-138 and a preparation from free cash account zero one dash three two, four zero zero one and the amount of 776,400 to various General government accounts. I

▶ 2:28:47 set forth here in Appropriations are oversight. order 2022-139 appointment of Janet Nevin 415 East Foster Street to the Council on Aging set term to expire on the last day of February 2023 I go to health educ. nation and Welfare order 2022-140 appointment of Kristen Thorpe of 77 Wentworth road to the city of Melrose Council on Aging board for a three-year term to expire the last day of February 2023 that will go to health education. Well order 2022-141 a transfer from temporary interests. Account 0 1 7 5 2 2 - 5 4 9 1 0 0 in the amount of 74,000 and transfer from health insurance account 0 1 9 1 4 2 - 5 4 9 2 0 1 in the amount of 81,000 to the city solicitor budget set forth here in a little Appropriations and

▶ 2:29:54 oversight. order 2022-142 the appointment of Anna fast consists of 37 Washington Street, Apartment 106 to the city of Melrose Commission on women for a three-year term said terms expire the last day of February 2025 appropriation and oversight. Order 2023-143 an appropriation from Mount Hood routine to earnings account six to zero zero zero zero Dash three one nine zero zero zero in the amount of 92,000 to Mount Hood Professional Services account. 62000 - 5 2 9 0 0 so fulfill contract obligations preparations and oversight. Order 2022-144 an appropriation from water retained earnings account. 6100-319000 in the amount of 570,000 ninety eight dollars and ten cents to various water accounts a set forth here in preparations and

▶ 2:31:00 oversight. simple water whether 2022-145 an appropriation from sewer retained earnings account six zero zero zero Dash three one nine zero zero zero in the amount of 1 million 123,000 600 29,51 cents to various sewer counts a set forth here in Appropriations and oversight. order 2022-146 no appropriation from ambulance retained earnings account number six five zero zero Dash 31900 and the amount of 73,355.98 to various ambulance Accounts at set forth here in progressions and oversight. Order 2022-147 and appropriation from the peg axis Kettle fund number. 2922 in the amount of 27 6,764,016 to MTV and the Melrose Public Schools Appropriations and oversight order 2022-148 reauthorize the previously adopted order

▶ 2:32:18 to create an education Public Safety and Substance Abuse Prevention stabilization fund that I go to legal and lunch. Filing we have no. Communications on the mayor licenses licensed 2022-13 license gasoline and storage licenses not renewed 2022. I'm going to protection license. 2022-14 gasoline and storage licenses renewals 2022 I go to protection and license. And we are already. Open up God. licensed 2022-11 request for a special license to house for dogs at 58 Trenton Street, Melrose, MA President I would like to motion for Midi consideration for licensed 2022-11. Okay media consideration. I don't see anybody objecting to that. This matter is now before us thank you, Mr. President. I will speak on behalf of Miss Claudia Bertolli.

▶ 2:33:26 Robb Stewart: This license reflects the article 93 Section 5 which requires all a special license to be obtained from the city council. for canines for households that have more than three dogs. The article is attached the order per the article all of Butters within 500 feet have to be notified regarding the special license. I Um had a few questions from all a couple of the residents. No concerns a lot of support so I don't see an issue from any of the folks in the media area. I've known Claudia for many many years. She's lived there. For 25-30 years at least and the great neighbors the I don't know if you saw the picture, but they're four little tiny dogs. They're between 10 and 15 years old. So They're mostly indoor pets. Not really not a nuisance.

▶ 2:34:31 So all paperwork and application has been submitted in his order and I would ask the council to support this license. Thank you. but emotions and I will make a motion to accept motion to recommend made by Council Stewart second about counselor kamchetti. On discussion Catholic mass president just respectfully through you to consulates do it. I did have one question. Is to your knowledge. Is there any intent to breed the dogs or as the essentially these are just Pat's household pets. These are strictly pets. Yeah, no intention whatsoever. Really? Thank you counsel. Thank you, Mr. President. Any other questions anything else on discussion at this time? all those in favor Aye any opposed seeing none licenses granted?

▶ 2:35:27 Reports we have any information business reports from committees. Order 2022-16 a transfer from seminars. 0 1 1 1 2 2 five four zero seven zero zero and the amount of 500 35 dollars to city council printing services 0 1 1 1 2 2 5 2 1 0 0 the fund FY 23 budget public hearing ads and office supplies for the councilman. Um, so president this order comes from the finance committee with a recommendation of Passage. And at this time I move for passage second for passage made by passage reality in second by counselor articles and you discussion Seeing none. Mountain Park, please. Call the roll counselor Eccles. Yes counseling arapay. Yes counselor. Gregoritis. Yes Consular. Jamaladin. Yes consueli. Yes

▶ 2:36:25 counselor McMaster. Yes counselor. Migliarelli. Yes Council little bremski. Yes counselor Stewart. Yes counselor Williams. Yes president. Snella yes 11. Yes. Order 2022-17 acceptance of a fifty thousand dollar Grant from the executive office of administration and finance for streetscape infrastructure upgrades. Because we were great Mr. President. This order comes from the Appropriations and oversight committee with the recommendation for passage and at this time I motion for Passage. motion for passage made by Council gregoritis second by councilorelli any discussion Seeing none Madam clerk councilor Eccles. Yes counselor. Garapay. Yes counselor. Gregoritis. Yes Council Germany. Yes. Helpful. Karim.

▶ 2:37:10 Chitty. Yes counselor McMaster. Yes Council. Amiglerelli. Yes Consular o'briensky. Yes counselor Stewart. Yes counselor Williams. Yes, president sonala. Yes 11. Yes. Order 2022-125 reappointment of Joseph Nevin of 4:15 East Foster Street to the city of Melrose Liquor License Commission for another six-year term said terms expire in the first day of June 2028. Counts, the garapay Mr. President of disorder comes from the protection and license committee with the recommendation for pass at this time. I make a motion for Passage. looking for passage made by Council guy pay second by Council Stuart any discussion Seeing none. all those in favor Right any opposed? Info 2022-7 information item updating

▶ 2:38:02 the city council on salt shed. Comes from the appropriation and oversight committee with a recommendation to place on file. I will motion to place on files second motion to play some file made by counselor. Gregoritis. Secondary counselor. Migliarelli. A discussion seeing on all those in favor. Hi, and you opposed passes? license 2022-6 secondhand dealer transfer of ownership apple of my eye Calcium this comes from protection license committee with the recommendation for passage at this time. I make a motion for passage second motion for the passage made by Council gas a second by counselor Eccles any discussion seeing none. All those in favor. I I posed. license 2022-7 secondhand dealer renewals 2022

▶ 2:38:58 President this comes from protection license committee with the recommendation for passage at this time. I make a motion capacitance motion for passage against the grapes second by who counselor Eccles and discussion seeing none all those in favor. Aye any opposed. license 2020 to - 8 Livery car service renewals commencing May 1 2022 Let's go. Mr. President, this comes from protection and license committee with a recommendation for passage at this time. I make a motion for a passage. Excitement motion of Passage made by Council Gary pay second by counselor Eccles any discussion seeing none. We have someone to discussion someone raise their hand. No. All those in favor. I I post okay. licensed 2022-9

▶ 2:39:52 Mark Garipay: Livery car service non-renewal 2022 the president this license comes from the protection licensing committee with the recommendation for a passage at this time. I make a motion for Passage. Second motion for passage made by counseling garape seconded by counselor Stewart a discussion seeing none all those in favor any opposed. No opposed. Last one license 2022 - sorry, keep going you doing great license 2022-10 Hackney Carriage taxi license renewals commencing May 1st 2022. President this comes from protection licensing committee with a license committee with the recommendation for passage at this time. I make a motion for passage such a passage made by councilor pay second about counselor Stewart.

▶ 2:40:46 Christopher Cinella: Any discussion seeing none all those in favor. Aye any opposed? No expiries this evening. Nothing to report under rule 53. Mr. President, I'll make a motion to return second motion to Jeremy by Council Stewart seconded by a counselor o'briensky Oh Williams. Yes Castle Williams. All those in favor aye. Have a wonderful evening.

City Council — 2022-06-06

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