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City Council

Regular Meeting

Waltham, MA · May 12, 2025

AgendaMinutes

Minutes

Waltham City Council Minutes of the Meeting of May 12, 2025 President McLaughlin called the meeting to order at 7:30 p.m. Present: Bradley-MacArthur, Brasco, Dunn, Durkee, Hanley, Harris, Katz, LaCava, LaFauci, LeBlanc, Logan, McMenimen, Stanley, Vidal and President McLaughlin. Absent: None. City Clerk Vizard recited the Council Prayer followed by President McLaughlin leading all present in the Pledge of Allegiance. Councillor Durkee asked for a moment of silence for all the military that have served past and present. Councillor LaCava moved approval of the regular meeting minutes of 4/28/25. The motion was adopted by a voice vote and the matter was approved. Clerk Vizard read Rule 86. First Joint Public Hearing: Class II Motor Vehicle License at 260 Bear Hill Road for Global Lease Corporation, Inc Clerk Vizard read the public hearing notice. Attorney L. Richard LeClair, II, 11 Ledge Road, Waltham representing the petitioner, spoke in favor of the petition. With no one else in favor, no one in opposition and no one in a neutral position of the petition President McLaughlin closed that part of the public hearing and opened the hearing up to questions from Councillors. Councillors LaFauci and Logan and Vidal spoke on the matter. Attorney LeClair and Mr. Sham Lal Sahni, the petitioner provided answers. With no further questions President McLaughlin closed the public hearing and referred the matter to the Licenses and Franchises Committee. Second Public Hearing: Class II Motor Vehicle License at 712 Moody Street for Lehnen & Ristov Enterprise LLC Clerk Vizard read the public hearing notice. Cristiano Freitas Ristov the petitioner, spoke in favor of the petition. With no one else in favor, no one in opposition and no one in a neutral position of the petition President McLaughlin closed that part of the public hearing and opened the hearing up to questions from Councillors. Councillors Harris, Logan, Vidal and LeBlanc spoke on the matter. Mr. Ristov provided answers. With no further questions President McLaughlin closed the public hearing and referred the matter to the Licenses and Franchises Committee. Third Public Hearing: Grant of Location for Eversource at Ash Street Clerk Vizard read the public hearing notice. Eversource representative Jacqui Duffy representing the petitioner, spoke in favor of the petition. With no one else in favor, no one in opposition and no one in a neutral position of the petition President McLaughlin closed that part of the public hearing and opened the hearing up to questions from Councillors. Councillor Harris spoke on the matter. Ms. Duffy provided answers. With no further questions President McLaughlin closed the public hearing and referred the matter to the Licenses and Franchises Committee. 1 Communications from the Mayor 1. The Mayor respectfully requested a transfer in the amount of $20,000 from the Library State Aid Special Revenue account to the Library-Educational Supplies account. Referred to the Finance Committee. 2. The Mayor respectfully requested approval of a gift from Donna Laswell of various historical items for the City Hall Museum Room. Referred to the Finance Committee. 3. The Mayor respectfully requested approval of a gift from Robert DiGregorio, Sr. of two Statues: a boy jumping rope and a girl running with a balloon for the 200 Trapelo Road Recreation Area. Referred to the Finance Committee. 4. The Mayor respectfully requested approval of items regarding John J. Claffey from Councillor Randall J. LeBlanc for the City Hall Museum Room. Referred to the Finance Committee. 5. The Mayor respectfully requested that a small black and gold plaque be placed on one of the benches at 200 Trapelo Road in the field area for the Waltham City Council. Referred to the Licenses and Finances Committee. 6. The Mayor respectfully requested a transfer in the amount of $12,800 between the Assessor Salary account and the Assessor Operating account. Referred to the Finance Committee. 7. The Mayor respectfully requested a transfer in the amount of $130,251.93 between two existing Public Works accounts. Referred to the Finance Committee. 8. The Mayor respectfully requested acceptance of a 5-year extension of the lease for the Waltham Rink. The Mayor requests that this be acted on without committee reference. Councillor LaCava made a motion that was adopted by a voice vote to suspend Rule 39 to Act on a matter without Committee Reference. Councillor LaCava moved to suspend Rule 9 to hear from off committee members; Mayor McCarthy and Recreation Director Kim Herbert. The motion was approved by a voice vote. Councillors Durkee and Harris escorted Mayor McCarthy into the Chamber. Councillor LaCava and Director Herbert spoke on the matter. Councillor LaCava moved approval. On the motion Councillors LaFauci, Bradley-MacArthur, LeBlanc, Logan and Hanley asked questions. Mayor McCarthy and Director Hebert provided answers. Councillor LaCava moved approval. Roll call required. In favor: Councillors Bradley-MacArthur, Brasco, Dunn, Durkee, Hanley, Harris, Katz, LaCava, LaFauci, LeBlanc, Logan, McMenimen, Stanley, Vidal and McLaughlin. Opposed: None. Absent: None. Approved 15-0-0. 9. The Mayor respectfully requested acceptance of a donation from Waltham Girls Softball to install a softball batting cage at Veterans Memorial Athletic Complex. The Waltham Girls Softball league raised the money through a fundraiser. Referred to the Finance Committee. 2 10. The Mayor respectfully requested acceptance of a Draft Ordinance for the Building Inspections Department. Referred to the Ordinances and Rules Committee. 11. The Mayor respectfully requested funding in the amount of $20,643.80 for the purchase of a new vehicle to be used by the water meter reading staff to replace the 2019 Ford Fusion. Referred to the Finance Committee. 12. The Mayor respectfully requested acceptance of the Police/Fire/DPW Committee Agenda, Votes and recommendations from April 28, 2025. Referred to the Committee of the Whole. 13. The Mayor respectfully requested that the City Solicitor have an opportunity to discuss pending litigation regarding Walnut Street Center v the ZBA in Executive Session. Referred to the Committee of the Whole. Applications and Licenses Councillor Vidal moved to suspend Rule 43 to accept a late filed submission for a Table & Chairs application at 388 Moody Street for Solea and Tapas Bar. The motion was approved by a voice vote. All Applications and Licenses referred to the Licenses and Franchises Committee. 1. Tables & Chairs Application – 361 Moody Street – Vinotta Restaurant 2. Tables & Chairs Application – 286 Moody Street – Ponzu 3. Tables & Chairs Application – 482 Moody Street – DaVinci Ristrorante 4. Tables & Chairs Application – 434 Moody Street – Peppinos Dosa Resolutions, Orders and Ordinances • Fishing Resolution Clerk Vizard read the Resolution. Councillors LeBlanc, McMenimen, Logan and Hanley spoke in favor of the Resolution. Councillor LeBlanc made a request that was approved by a voice vote to have Mayor McCarthy designate a representative to attend the next Public Works and Public Safety Committee meeting to discuss the Fishing Resolution currently under consideration. The designee could be, but is not limited to the CPW Department, Park and Recreation Department, Planning Department or another appropriate department similar with the matter. Referred to the Public Works and Public Safety Committee. • 2025 Public Service Recognition Week Thanking All Waltham Employees Resolution Clerk Vizard read the Resolution. Councillor Harris spoke on the matter. Councillor Harris moved to suspend Rule 39 to act on the matter without committee reference. The motion was approved by a voice vote. Councillor Harris moved for approval. The motion was adopted by a voice vote and the 2025 Public Service Recognition Week Thanking All Waltham Employees Resolution was approved. • 2025 Resolution Teacher Appreciation Week Thanking All our City of Waltham Teachers and Educators Clerk Vizard read the Resolution. Councillor Harris spoke on the matter. Councillor Harris moved to suspend Rule 39 to act on the matter without committee reference. The motion was approved by a voice vote. Councillor Harris moved for approval. The motion was adopted by a voice vote and the 2025 Resolution Teacher Appreciation Week Thanking All our City of Waltham Teachers and Educators was approved. 3 • Resolution Recognizing McDevitt Middle School Students Civics Project to Reduce Litter Around the Charles River. Clerk Vizard read the Resolution. Councillors Harris, Logan, Durkee and LeBlanc spoke on the matter. Councillor Harris made a request that was approved by a voice vote to have the Mayor and CPW Director attend the next Economic and Community Development Committee meeting for a presentation by McDevitt students. Referred to The Economic and Community Development Committee. • Kevin M. Ritcey Award for Outstanding Public Service Resolution – Jack Cox Councillor Harris made a motion that was approved by a voice to table this matter. • Kevin M. Ritcey Award for Outstanding Public Service Resolution – Genna Gelineau Councillor Harris made a motion that was approved by a voice to table this matter. Committee of the Whole 1. The Committee of the Whole recommended the Lexington Solar Farm Project Resolution be filed. Councillor LaCava moved that the action of the Committee be the action of the Council. The motion was adopted by a voice vote and the matter was approved. Ordinances and Rules 1. The Ordinances and Rules Committee recommended the Zoning Amendment for Marijuana Retail Hours and Ownership to be Transferrable be approved for a 1st reading. Councillor Harris moved that the action of the Committee be the action of the Council. The motion was approved by a voice vote. Councillor Harris moved to table the matter on the Council floor. The motion was adopted by a voice vote and the matter was tabled. Finance 1. The Finance Committee recommended an appropriation in the amount of $6,602 from the unreserved Fund Balance to the City Council Operating Expense Account be approved. Councillor LaFauci moved that the action of the Committee be the action of the Council. The motion was adopted by a voice vote and the matter was approved. 2. The Finance Committee recommended an appropriation in the amount of $18,500 from the Unreserved Fund Balance to the City Clerk Operating Expense Account be approved. Councillor LaFauci moved that the action of the Committee be the action of the Council. The motion was adopted by a voice vote and the matter was approved. 3. The Finance Committee recommended an appropriation in the amount of $38,500 for the Recreation Department to fund the increase in utility costs for the Veterans Memorial Rink this past season be approved. Councillor LaFauci moved that the action of the Committee be the action of the Council. The motion was adopted by a voice vote and the matter was approved. 4. The Finance Committee recommended an appropriation in the total amount of $29,675 from Unreserved Fund Balance to the Building Department to engage the services of a commercial painter for the Arrigo Farm building on Warren Street be approved. Councillor LaFauci moved that the action of the Committee be the action of the Council. The motion was adopted by a voice vote and the matter was approved. 4 Licenses and Franchises 1. The Licenses and Franchises Committee recommended that a plaque for Pat Azadi be placed on the back of the council chair where she always sits/has sat be approved. Councillor Hanley moved that the action of the Committee be the action of the Council. The motion was adopted by a voice vote and the matter was approved. 2. The Licenses and Franchises Committee recommended the Tables & Chairs permit at 315 Moody Street for Farmers India Market & Cafe be approved. Councillor Hanley moved that the action of the Committee be the action of the Council. The motion was adopted by a voice vote and the matter was approved. 3. The Licenses and Franchises Committee recommended the Tables & Chairs permit at 467 Moody Street for Deep Ellum be approved. Councillor Hanley moved that the action of the Committee be the action of the Council. The motion was adopted by a voice vote and the matter was approved. 4. The Licenses and Franchises Committee recommended the Tables & Chairs permit at 484 Moody Street for Amuleto Mexican Table be approved. Councillor Hanley moved that the action of the Committee be the action of the Council. The motion was adopted by a voice vote and the matter was approved. 5. The Licenses and Franchises Committee recommended the Tables & Chairs permit at 367 Moody Street for Lizzy’s Ice Cream be approved. Councillor Hanley moved that the action of the Committee be the action of the Council. The motion was adopted by a voice vote and the matter was approved. 6. The Licenses and Franchises Committee recommended the Secondhand Dealers Licenses renewal at 563 Moody Street for Compustar Inc. be approved. Councillor Hanley moved that the action of the Committee be the action of the Council. The motion was adopted by a voice vote and the matter was approved. Long Term Debt & Capital Planning 1. The Long Term Debt & Capital Planning Committee recommended the CPC Recommendation for an allocation of $850,000 of CPA funds for Improvements at the Robert Treat Paine Estate be approved. Councillor McMenimen moved that the action of the Committee be the action of the Council. The motion was adopted by a voice vote and the matter was approved. 2. The Long Term Debt & Capital Planning Committee recommended the CPC Recommendation for an allocation of $20,000 of CPA funds for Window Restoration Design Services at the Gore Place be approved. Councillor McMenimen moved that the action of the Committee be the action of the Council. The motion was adopted by a voice vote and the matter was approved. 3. The Long Term Debt & Capital Planning Committee recommended the CPC Recommendation of $178,229 for Fiscal Year 2026 Budget be approved. Councillor McMenimen moved that the action of the Committee be the action of the Council. The motion was adopted by a voice vote and the matter was approved. 5 Tabled Items • 995 Main Street • Ordinance Amendment of Chapter 1 of the General Ordinances of the City of Waltham entitled, “Enforcement of Noise Pollution” (second reading 4/28/25) Councillor Harris made a motion that was approved by a voice vote to take the matter off the table. Councillor Harris moved for a 3rd and final reading. Roll Call required. In favor: Councillors Bradley-MacArthur, Brasco, Dunn, Durkee, Hanley, Harris, Katz, LaCava, LaFauci, LeBlanc, Logan, McMenimen, Stanley and Vidal. Opposed: None. Absent: None. Presiding: McLaughlin. The Ordinance Amendment was approved 14-0-0-1. • Ordinance Amendment of Chapter 10 of the General Ordinances of the City of Waltham entitled, “Noise Pollution” (second reading 4/28/25) Councillor Harris made a motion that was approved by a voice vote to take the matter off the table. Councillor Harris moved for a 3rd and final reading. Roll Call required. In favor: Councillors Bradley-MacArthur, Brasco, Dunn, Durkee, Hanley, Harris, Katz, LaCava, LaFauci, LeBlanc, Logan, McMenimen, Stanley and Vidal. Opposed: None. Absent: None. Presiding: McLaughlin. The Ordinance Amendment was approved 14-0-0-1. Councillor Harris made a motion that was approved by a voice vote to discharge the Comprehensive Zoning Review from the Ordinances and Rules Committee. Councillor Harris explained the need for a Citizens Input Meeting on the matter. Councillor Harris moved to have a Citizens Input Hearing on the matter June 5, 2025 at 6:30 p.m. at the Government Center Building. The motion was approved by a voice vote. Councillor Harris moved to recommit the matter back to the Ordinances and Rules Committee. The motion was adopted by a voice vote and the Comprehensive Zoning Review was recommitted to the Ordinances & Rules Committee. With no further matters Councillor Brasco made a motion to adjourn. The motion was approved by a voice vote. President McLaughlin declared the meeting adjourned at 8:51 p.m. Respectfully submitted by: Cathy Magliarditi Executive Assistant to the City Clerk May 20, 2025 6

Agenda

City Council Docket May 12, 2025 The Waltham City Council will meet in the Council Chamber at City Hall, 610 Main Street, Waltham, MA on Monday, May 12, 2025 at 7:30 p.m. The following matters and others may be considered. Approval of Minutes Regular Meeting of April 28, 2025 Public Hearing Class II Motor Vehicle License Global Lease Corporation, Inc. license applicant, hereby petition the City Council for a Class II Motor Vehicle License. The petitioner will not maintain a lot where cars for sale will be located. All sales will be offsite. The office is located at 260 Bear Hill Road. Public Hearing Class II Motor Vehicle License Lehnen & Ristov Enterprise LLC, 32 Tufts Avenue, Apt. A, Everett, MA 02149-2606 dba Waltham Auto Gallery, 712 Moody Street, Waltham, MA 02453, license applicant, hereby petition the City Council for an ownership change of the Class II Motor Vehicle License. The previous owner, Jofi Enterprises Inc., dba Waltham Auto Gallery has sold their business to Lehnen & Restvov Enterprise LLC dba Waltham Auto Gallery. The petitioner will still be doing business at Waltham Auto Gallery located at 712 Moody Street, Waltham. Public Hearing Grant of Location (Recessed 4/28/25) NSTAR ELECTRIC COMPANY DBA EVERSOURCE ENERGY, a company incorporated for the transmission of electricity for lighting, heating or power, that it desires to construct a line for such transmission under the public way or ways hereinafter specified. WHEREFORE, your petitioner prays that, after due notice and hearing as provided by law, the City Council may by Order grant to your petitioner permission to construct, and a location for, such a line of conduits and manholes with the necessary wires and cables therein, said conduits and manholes to be located substantially as shown on the plan made by K. Rice, dated December 16, 2024 and filed herewith, under the following public way or ways of said City: Ash Street - Southerly from pole 7/12, approximately 80 feet west of Moody Street, install approximately 7 feet of conduit. W/O #19379506 Communications from the Mayor 1. The Mayor respectfully requests a transfer in the amount of $20,000 from the Library State Aid Special Revenue account to the Library-Educational Supplies account. 2. The Mayor respectfully requests approval of a gift from Donna Laswell of various historical items for the City Hall Museum Room. 1 City Council Docket May 12, 2025 3. The Mayor respectfully requests approval of a gift from Robert DiGregorio, Sr. of two Statues: a boy jumping rope and a girl running with a balloon for the 200 Trapelo Road Recreation Area. 4. The Mayor respectfully requests approval of items regarding John J. Claffey from Councillor Randall J. LeBlanc for the City Hall Museum Room. 5. The Mayor respectfully requests that a small black and gold plaque be placed on one of the benches at 200 Trapelo Road in the field area for the Waltham City Council. 6. The Mayor respectfully requests a transfer in the amount of $12,800 between the Assessor Salary account and the Assessor Operating account. 7. The Mayor respectfully requests a transfer in the amount of $130,251.93 between two existing Public Works accounts. 8. The Mayor respectfully requests acceptance of a 5-year extension of the lease for the Waltham Rink. The mayor requests that this be acted on without committee reference. 9. The Mayor respectfully requests acceptance of a donation from Waltham Girls Softball.to install a softball batting cage at Veterans Memorial Athletic Complex. The Waltham Girls Softball league raised the money through a fundraiser. 10. The Mayor respectfully requests acceptance of a Draft Ordinance for the Building Inspections Department. 11. The Mayor respectfully requests funding in the amount of $20,643.80 for the purchase of a new vehicle to be used by the water meter reading staff to replace the 2019 Ford Fusion. 12. The Mayor respectfully requests acceptance of the Police/Fire/DPW Committee Agenda, Votes and recommendations from April 28, 2025. 13. The Mayor respectfully requests that the City Solicitor have an opportunity to discuss pending litigation regarding Walnut Street Center v the ZBA in Executive Session. Applications and Licenses 1. Tables & Chairs Application – 361 Moody Street – Vinotta Restaurant 2. Tables & Chairs Application – 286 Moody Street – Ponzu 3. Tables & Chairs Application – 482 Moody Street – DaVinci Ristrorante 4. Tables & Chairs Application – 434 Moody Street – Peppinos Dosa Resolutions, Orders and Ordinances Committee Reports 2 City Council Docket May 12, 2025 Committee of the Whole 1. The Committee of the Whole recommends the Lexington Solar Farm Project Resolution be filed. Ordinances and Rules 1. The Ordinances and Rules Committee recommends the Zoning Amendment for Marijuana Retail Hours and Ownership to be Transferrable be approved for a 1st reading. Finance 1. The Finance Committee recommends an appropriation in the amount of $6,602 from the unreserved Fund Balance to the City Council Operating Expense Account be approved. The additional funding need is for higher than anticipated costs related to advertising costs and various other expenses during FY2025 2. The Finance Committee recommends an appropriation in the amount of $18,500 from the Unreserved Fund Balance to the City Clerk Operating Expense Account be approved. The additional funding need is for higher than anticipated costs related to the Malone Archive Center and various other expenses during FY2025. 3. The Finance Committee recommends an appropriation in the amount of $38,500 for the Recreation Department to fund the increase in utility costs for the Veterans Memorial Rink this past season be approved. 4. The Finance Committee recommends an appropriation in the total amount of $29,675 from Unreserved Fund Balance to the Building Department to engage the services of a commercial painter for the Arrigo Farm building on Warren Street be approved. Licenses and Franchises 1. The Licenses and Franchises Committee recommends that a plaque for Pat Azadi be placed on the back of the council chair where she always sits/has sat be approved. 2. The Licenses and Franchises Committee recommends the Tables & Chairs permit at 315 Moody Street for Farmers India Market & Cafe be approved. 3. The Licenses and Franchises Committee recommends the Tables & Chairs permit at 467 Moody Street for Deep Ellum be approved. 4. The Licenses and Franchises Committee recommends the Tables & Chairs permit at 484 Moody Street for Amuleto Mexican Table be approved. 5. The Licenses and Franchises Committee recommends the Tables & Chairs permit at 367 Moody Street for Lizzy’s Ice Cream be approved. 6. The Licenses and Franchises Committee recommends the Secondhand Dealers Licenses renewal at 563 Moody Street for Compustar Inc.be approved. Long Term Debt & Capital Planning 3 City Council Docket May 12, 2025 1. The Long Term Debt & Capital Planning Committee recommends the CPC Recommendation for an allocation of $850,000 of CPA funds for Improvements at the Robert Treat Paine Estate be approved. 2. The Long Term Debt & Capital Planning Committee recommends the CPC Recommendation for an allocation of $20,000 of CPA funds for Window Restoration Design Services at the Gore Place be approved. 3. The Long Term Debt & Capital Planning Committee recommends the CPC Recommendation of $178,229 for Fiscal Year 2026 Budget be approved. Unfinished Business & Other Business Tabled Items • 995 Main Street • Ordinance Amendment of Chapter 1 of the General Ordinances of the City of Waltham entitled, “Enforcement of Noise Pollution” (second reading 4/28/25) • Ordinance Amendment of Chapter 10 of the General Ordinances of the City of Waltham entitled, “Noise Pollution” (second reading 4/28/25) Rule 58 • Mayor’s communication regarding addresses for the former Fernald property at 200 Trapelo Road, 320 Waverley Oaks Road and Tauro Way. • Mayor’s Communication regarding the Dumpster Ordinance Recessed Public Hearings • SP application at 1265 Main Street to a date certain of 5/27/25 at 7:30 p.m. (4/28/24) • SP application at 460 Totten Pond Road to a date certain of 5/27/25 at 7:30 p.m. (4/28/24) 4

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