Board of Aldermen

Protection and License; Health, Education and Welfare; Public Works

Thursday, 13 March 2008

Protection and License Committee

Chairman Infurna, Boisselle, McAteer-Margolis, Brodeur

Absent: Forbes

Attending: Medeiros, Mortimer, Seaboyer, Tramontozzi, Wright, Conn

In attendance: Police Chief Mike Lyle, Deputy City Solicitor Robert Van Campen, City Auditor/CFO Patrick Dello Russo

Protection and License called to order by Chairman Infurna at 7:33 p.m.  Alderman McAteer-Margolis motions to open Public Participation, 2^nd by Alderman Brodeur.  All in favor.  No one comes forward.  Alderman McAteer-Margolis motions to close Public Participation, 2^nd by Alderman Brodeur.  All in favor.

Order No. 08-182, Amending Melrose Revised Ordinances, Chapter 89 – Alarm Devices, Sections 89-7. False Alarm Charges, 89-8. Notice of Charge; reconsideration and 89-9. Appeals as set forth herein.

Alderman McAteer-Margolis moves to recommend, 2^nd by Alderman Boisselle.

Police Chief Lyle says this ordinance has been on the books since 1992.  This amendment will bring it up to date.  The City averages 800 false alarms each year.  In 2008 to date there have been 160.  He'd like to increase the charges and change some language in the ordinance.

On discussion Alderman Boisselle asks why section 89-9B was deleted.  Mr. Van Campen says it simply deletes the fee to appeal.  Chief Lyle says he doesn't think it's fair to charge an appeal fee since he's the hearing officer.

Alderman Seaboyer asks if there are a number of repeat false alarms.  Chief Lyle says there are a couple of businesses that have 12 or more every year.  He is trying to work with them but they are ignoring the invoices; he thinks other action may need to be taken.  Alderman Seaboyer asks if the store owner is notified when the alarm comes in.  Chief Lyle says that everyone has a private alarm company which notifies the City when there is an alarm; he imagines the company also notifies the owner.  Alderman Seaboyer asks if this applies to residences and commercial property.  Chief Lyle says yes, and the school department as well.

Alderman Mortimer asks who the administrator is in Section 89-9.  Chief Lyle says it is his secretary.  Alderman Mortimer asks Chief Lyle to define false alarm; the Chief says it is activation with no forced entry or when the property is found to be secure.

Alderman Medeiros asks if this has been enforced since 1992.  Chief Lyle says it was at first but enforcement dropped over the years.  Alderman Medeiros asks if there is a fair indication that a $25.00 charge is not effective even though it hasn't been enforced.  Chief Lyle says yes.

President Conn says the intent of the ordinance change is not to make money but to stop depleting valuable police resources.  Chief Lyle says that is correct.

Alderman McAteer-Margolis asks if this affects car alarms; Chief Lyle says no, nor 9-1-1 calls.

Chairman Infurna asks if this ordinance applies to both the Police and Fire departments.  Chief Lyle says yes.  Chairman Infurna asks if Fire Chief John O'Brien has approved this; Chief Lyle says yes.

On the motion to recommend, All in favor.

Order No. 08-184, TRANSFER Amount: $21,800.00 From: A/C #012111-511000 - Police – Salaries To: various Police Accounts as set forth herein.

Alderman Boisselle moves to recommend, 2^nd by Alderman Brodeur.

Alderman Brodeur says that between orders in the Appropriations Committee and the Protection and License Committee, roughly $80,000 in police salaries is being moved to other accounts.  He asks why that amount is available to transfer.  City Auditor/CFO Patrick Dello Russo says there are a number of circumstances relative to military leave and administrative absence that allow these funds to be available.  The circumstances don't always work to the City's advantage but it does in this case.  These funds will not allow the City to hire someone next year.  Chief Lyle says there are funds from 2 officers that were deployed to Iraq whose pay is being 100% covered.  Funds are also available from an officer leaving in December to go to another community and despite efforts a replacement has not been hired.  Another officer is out on extended leave.

Alderman Boisselle asks what the $4500 in building repair is for.  Chief Lyle says the garage door rotted out.  It's a heated garage and with the cost of fuel it makes sense to replace it.

Alderman Seaboyer asks if there are enough funds in the salaries account for the rest of the year.  Chief Lyle says yes.

Alderman McAteer-Margolis moves the question.  All in favor.

Order No. 08-191, Amending Melrose Revised Ordinances Chapter 15 – Article XIII, Constables, Section 15-61, Paragraph B as set forth herein.    (AL-4)

Chairman Infurna says this order was filed by Alderman Seaboyer and asks the will of the committee.

Alderman Boisselle moves to recommend for discussion purposes, 2^nd by Alderman McAteer-Margolis.

Alderman Seaboyer says one requirement for reappointment is to fill out an application but a requirement as a constable is to fill out financials.  Each constable is supposed to give 25% of fees to the City.  This asks the constable to fill out a 3-year financial form which he has to do anyway under the existing ordinance, and attach it to the application.

Alderman Brodeur says he appreciates the intent but he doesn't think it's necessary.  There are two reporting requirements already in the ordinance and that information will already be accessible.

Alderman Seaboyer says that with the last group of reappointments he asked the City Treasurer how many constables had filed their reports.  Only half of them had.  With this amendment the information would be provided in the application.

President Conn says this amendment is sending them down a road they don't need to go down regarding reporting requirements.  A letter from the Auditor stating that the constable is in compliance is less intrusive than having people submit financials to the Board of Aldermen.

Alderman McAteer-Margolis says that Section F states that constables must maintain financial records and make them available.  The aldermen already have the ability to ask for them.

Alderman Seaboyer says this amendment is just a way of asking for that.

Alderman Brodeur asks why a copy of the Act modifying the schedule for deposits of revenue for the service of civil process by constables is in the packet.  He asks if it is meant to be incorporated into the ordinance.  Chairman Infurna says it is only for informational purposes.

Alderman Boisselle says that Section E (4) of the current ordinance requires annual filing with the City per MGL c.41, § 95B.

On the motion to recommend, motion fails.

Alderman Brodeur motions the matter be given Leave to Withdraw, 2^nd by Alderman McAteer-Margolis.  All in favor.

Order No. 08-192, Communication from A & A Taxi for a taxi fare increase by amending Melrose Revised Ordinances Chapter 222- Vehicles for Hire, Section 222-6. Fare rate schedule.

Alderman Brodeur moves to recommend for discussion purposes, 2^nd by Alderman Boisselle.

Alderman Brodeur says it appears that the request to increase fares is essentially due to the increase insurance premium and asks Mr. Anthony Dietz if he can't get a better price from another insurance company.  Mr. Dietz says taxi companies have only a choice of two insurance companies, and both offer the same rates.  Alderman Brodeur asks how he decided on the increases outlined in the memo.  Mr. Dietz says they are the current Saugus rates but are lower than Malden rates.  Alderman Brodeur says that no one wants to see rates go up but the cost of gasoline is up.

Alderman McAteer-Margolis says the letter from the insurance agency indicates an "experience modification" increase of $44,000.00 and asks what that refers to.  Mr. Dietz says he has had the same insurance company for 10 years and accidents happen.  His business has exceeded the insurance company's limit.  He screens all drivers but accidents happen, especially when the taxis are on the road 24 ours per day.  Alderman McAteer-Margolis says the $44,000 increase is the result of an increase in his driver's accidents.  Mr. Dietz says yes; there was more snow this year which played a factor.

Alderman Tramontozzi asks how many taxis he owns.  Mr. Dietz says he operates 5 in Melrose and 9 in Saugus. Alderman Tramontozzi asks if the proposed rate increases will make them comparable to Saugus rates; Mr. Dietz says yes.  Alderman Tramontozzi says he appreciates him coming before the board with this proposal and there is a reasonable argument with increased gas prices and other costs, but he doesn't think the rate increase should be based on the experience rating of taxi drivers.  Citizens shouldn't agree to pay these increases because the drivers are inexperienced and prone to accidents although he appreciates that they are screened.

Alderman Mortimer asks if hackney drivers need a commercial driver's license; Mr. Dietz says no.  Alderman Mortimer asks if there are any minimum requirements.  Mr. Dietz says he wants a minimum of 6 years driving experience.

Alderman Wright asks if he charges a flat rate to the airport.  Mr. Dietz says yes, that it is either $32 or $33 to the airport, and all other rates are metered.  Alderman Wright asks the basis of that amount.  Mr. Dietz says the mileage and luggage.

Alderman Brodeur says he was in a cab the other day and it was tough on smoke.  The driver wasn't smoking but had just put out a cigarette and perhaps that could be looked at.  He says the aldermen will have to craft an order as a formal ordinance change to increase the rates.

Alderman Brodeur motions to place the order on file, 2^nd by Alderman Boisselle.  All in favor.

Alderman Brodeur motions to adjourn, 2^nd by Alderman McAteer-Margolis.  All in favor.

Absent: Forbes

Attending: Medeiros, Mortimer, Seaboyer, Tramontozzi, Wright, Conn

In attendance: Veteran's Agent John Dunne

Health, Education and Welfare called to order by Chairman McAteer-Margolis at 8:12 p.m.  Order No. 08-185, TRANSFER Amount: $6,500.00 From: A/C #011512-544500 - City Solicitor, Suits and Claims To: A/C #015432-544000 - Veterans Benefits This money will be used to pay for veterans’ benefits for the remainder of Fiscal Year 2008.

Alderman Boisselle moves to recommend, 2^nd by Alderman Infurna.

Mr. Dunne says this is a breakdown of veteran benefits including two situations this year that cost several thousand dollars.

President Conn asks when he anticipates receiving reimbursement; Mr. Dunne says October.  President Conn asks if the reimbursement goes to the Veteran's account.  Mr. Dunne says it goes to the General Fund.

Alderman Infurna moves the question.  On the motion to recommend, All in favor.

Alderman Brodeur motions to adjourn, 2^nd by Alderman Boisselle.  All in favor.

Absent: Forbes

Attending: Medeiros, Mortimer, Seaboyer, Tramontozzi, Wright, Conn

In attendance: Mayor Dolan,City Engineer Bob Beshara

Public Works called to order by Vice-Chairman Infurna at 8:16 p.m.

Order No. 08-181, GRANT Amount: $3,945.75 From: Massachusetts Department of Environmental Protection To: Fund #2593 - Melrose Energy Commission as set forth herein.

Alderman McAteer-Margolis moves to recommend, 2^nd by Alderman Brodeur.

Mayor Dolan says that his assistant is working with the recycling coordinator on this grant.  It assists the City with environmental and conservation improvements.  It will provide 200 junk mail kits, 40 home composting bins, 25 rain barrels and technical assistance for climate protection.  There is no match to this grant.

Alderman Brodeur says there is a 5 part breakout for the technical piece and asks what the City has to do.  Mr. Beshara says it was requested by the Energy.  Mayor Dolan says he is looking to do an energy audit of City buildings.

Alderman McAteer-Margolis asks if the 200 junk mail kits are intended to reduce junk mail.  Mayor Dolan says the kit provides ways to reduce paper.

Alderman Seaboyer asks if the composting bins and rain barrels are distributed by lottery.  Mr. Beshara says it's first come-first served.  Alderman Seaboyer asks how the consumer education materials are distributed.  Mr. Beshara says the recycling coordinator will have them available when the rain barrels are distributed and also at the Victorian Fair and at the City Yard on Public Works Day.

On the motion to recommend, All in favor.

Alderman Brodeur motions to adjourn, 2^nd by Alderman McAteer-Margolis.  All in favor.

Maribeth Harrington
Clerk of Committees