Legal & Legislative Committee — 2019-12-16
Attendance
Manisha Bewtra ; Robert A. Boisselle ; Scott M. Forbes ; Kate Lipper-Garabedian ; Shawn M. MacMaster ; Jeff McNaught ; Monica C. Medeiros ; Peter D. Mortimer ; John N. Tramontozzi ; Francis X. Wright Jr. ; Michael P. Zwirko
Agenda
- Call to Order
- Public Comment
- Orders
- ORDER-2020-19 : Expanding the Senior Citizen Property Tax Work-Off Abatement Program by amending Melrose Revised Ordinances, Chapter 6, Section 6-1 as set forth herein
- ORDER-2020-20 : Amending Melrose Revised Ordinances Chapter 198-2 refuse receptacle(s) as set forth herein.
- ORDER-2020-40 : An Order Requesting the City of Melrose to adopt Massachusetts General Law, Chapter 33 ,Section 59 (effect of military service on salary, seniority, and leave allowances of public employees)
- Adjournment
Minutes
CITY OF MELROSE LEGAL & LEGISLATIVE COMMITTEE CALENDAR● DECEMBER 16, 2019 Council Chamber, First Floor, Melrose City Hall Committee Meeting 7:00 PM 562 Main Street, Melrose, MA 02176 The public should take notice that the Melrose City Council may, on certain occasions, have a quorum in attendance due to standing committees of the City Council consisting of both voting and non-voting members. Members attending this duly posted meeting are participating and deliberating only in conjunction with the business of the standing committee. Attendee Name Title Status Arrived Francis X. Wright Jr. Chair Present Manisha Bewtra Vice Chair Present Monica C. Medeiros Voting Present Scott M. Forbes President/Ex Oficio Present Michael P. Zwirko Voting Present John N. Tramontozzi Voting Present Peter D. Mortimer Nonvoting Present Robert A. Boisselle Nonvoting Present Kate Lipper-Garabedian Nonvoting Present Shawn M. MacMaster Nonvoting Present Jeff McNaught Non Voting Present The Legal and Legislative Committee is called to order by Chair Wright. This meeting is recorded and may be viewed on www.mmtv3.org
ORDER-2020-19 Accepting Act of Legislature/Local Option Expanding the Senior Citizen Property Tax Work-Off Abatement Program by amending Melrose Revised Ordinances, Chapter 6, Section 6-1 as set forth herein Without Recommendation City Council
ORDER-2020-20 Amending Revised Ordinances Amending Melrose Revised Ordinances Chapter 198-2 refuse receptacle(s) as set forth herein. Recommend Passage City Council
ORDER-2020-40 Acceptance An Order Requesting the City of Melrose to adopt Massachusetts General Law, Chapter 33 ,Section 59 (effect of military service on salary, seniority, and leave allowances of public employees) Recommend Place on File City Council City of Melrose Page 1 Updated 12/26/2019 3:12 PM
Transcript
▶ 0:02 Francis X. Wright Jr.: Good evening. Good evening. This is the Legal and Legislative Committee of the City of Melrose City Council. My name is Francis Wright. I am the Ward 3 Alderman, or City Councilor, and the chair of this committee. This meeting is being recorded and will be viewed on cable access television and may be viewed on the City of Melrose website. Board of Committees, could you call the roll, please? Francis Wright. Here. Monisha Bewtra. Here. Monica Medeiros. Here. Scott Forbes. Here. Michael Zwirko. Here. Peter Mortimer. Here. Robert Boisselle. Here. John Tremontozzi. Here. Kate Lipper-Garabedian. Here. Sean McMaster. Here. Jeff McNaught. Here. Thank you. We have three items on our agenda this evening. The
▶ 1:11 Francis X. Wright Jr.: first is order 2020 dash 19. Order expanding the senior citizen property tax work off abatement program by amending Melrose revised ordinances chapter six, section six, one, as set forth herein. Prior to taking up those orders, though, we do need to have public comment. Do we have a motion? motion for public comment by council Madero second seconded by councillor Search all in favor the chair of the meeting is now open to anyone who wants to come forward and comment on any of the three matters on our agenda this evening anyone interested in speaking on any of these matters may come to the table introduce themselves sign in and speak on any one or more of these orders Seeing no members of the public, closed public participation at this time.
▶ 2:13 Francis X. Wright Jr.: We have a motion to close public comment by Councilor Zwirko. Second. The second by President Forbes. All in favor? Aye. Public comment is closed. Again, back to the agenda. Order 1, order is 2020-19, expanding the senior citizen property tax workoff abatement program by amending Melrose revised ordinances chapter 6, section 6-1 as set forth herein. yes councillor medeiros thank you and uh i am not sure if we said it earlier tonight or not but this meeting is being recorded and just wanted to make sure that we yes that's one thing i did get right up front so but i appreciate the reminder thank you uh yes so i am the maker of this order i'm excited that we are discussing this this evening i think this is something very
▶ 3:05 Monica C. Medeiros: real and simple that we can do to help seniors to stay in their homes and so i'll start off with some background i think we all you know went through kind of a tumultuous year a lot of discussion about the tax override and you know how would people be able to afford it oftentimes Sometimes this program was referred to including by the administration, the then administration as an option for people that they could basically come and volunteer and work off a portion of their real estate taxes. This proposal addresses one issue where I recognize that a lot of times there are people who sometimes are actually unable to volunteer. They may be unwell, have physical or mobility issues, have transportation issues.
▶ 4:05 Monica C. Medeiros: They may oftentimes be the caregivers for their spouse or for another family member that would not allow them to participate in this work-off program. So the good news is is that in looking into it and some of the work that I've done the mass municipal association i was brought to my attention that the state law actually has something that is a remedy and can address this and there's a provision that will allow a community and the state law is included in the order here to adopt a provision to allow for an approved representative for persons who are physically unable to provide such services to the city and i would suggest and hope that we can adopt that tonight in reviewing the state statute
▶ 4:53 Monica C. Medeiros: i found that actually in addition um our limit on the tax work off program as it's currently in place is a thousand dollars a thousand dollars is a limit for how much any person can receive who's involved in the program in a year and the state has now increased that limit from a thousand dollars to fifteen hundred dollars so i'm proposing that you know while we're making this other uh change that we do this i do think there are some reasons why this is something that is actually very timely and something that we should consider you know in in realizing that we do have the program without this capacity to address people who are physically unable you know this This is something that we have a way to remedy this, and it's something that I think we should
▶ 5:43 Monica C. Medeiros: fix right away and take action on. Secondly, the minimum wage is actually scheduled to increase on January 1, 2020, it's going to go to $12.75 per hour. So the way the law is written is that we must pay people at least minimum wage. So what's happened since I believe the last change to this ordinance was made to the $1,000 limit was made in 2015. So in 2015 the minimum wage was $9 an hour. So that meant if you worked the whole $1,000 that's allotted you could work 111 hours. Now as we stand here today you can only work 83 hours. And as of January 1st, which is right around the corner now, hard to believe, you can only work 78 hours. So you'll see that from 2015 to 2020, that staying at the $1,000 limit, that will result
▶ 6:49 Monica C. Medeiros: in a 33-hour annual service hour reduction. And what happens when that happens, it will be a five-hour deduction from last year. What happens when we reduce the number of hours that people can work through the tax work-off program, we are either putting that work on our existing staff, which is already pretty stretched, or a lot of that work isn't getting done or possibly we have to hire someone else to do that in a full-time capacity, and of course that comes along with probably a wage that's much higher than minimum wage and associated benefits. So I think there's something to doing this before the first of the year. And lastly, everybody is faced with, we just set the tax rate, an increase of $742 on average
▶ 7:42 Monica C. Medeiros: for the average tax payer. Their bill is going to go up. This is a small way to offset that and to help reduce that increase in the taxes. And I think this is something that we can, again, do today. There's a lot of flexibility here, where our job is to set the ordinances and this is, in doing this, this program will still continue to be run and operated by the administration and determined how that money is allocated. again the program participants can earn no more than $1,500 in a year so it's no requirement that we actually have the program go up to $1,500 but the administration can do that and I think that gives them more tools in the toolbox so with that I would like to make a motion to recommend this for passage
▶ 8:46 Michael P. Zwirko: Second. We have a motion by Alderman Medeiros for passage of order 2020-19 the senior tax work off abatement program that has been seconded by Councillor any other discussion thank you mr. chairman I would first like to say that I appreciate the order that's filed and drafted by the maker my fellow colleague council councillor Medeiros so we have a motion before us to recommend for passage this is the first time that we've actually been able to deliberate on this order and in addition to that you know there are some some tweaks that I think we could make that in my opinion would strengthen this we also have a letter attached to the order from our new mayor stating some reservations that he has about this order and ways that he would also like to enhance this per this
▶ 10:06 Michael P. Zwirko: this order before us but we do have a motion that's on the floor you know I think that this deserves I understand it's the midnight in the bottom of the ninth inning for this council but we haven't had a chance to discuss this we haven't had a chance to really deliberate you know in an open meeting setting you know I have some reservations about a couple of the provisions but I think the spirit of it is a good one I just think that there's more work to be done I as the motion is before us I can't support this thank you mr. chairman thank you councilor Zorico as councilor Zorico mentioned we do have a letter dated today from mayor Broder I was intending to read it after deliberations but since it has been raised I will read it now dear it's
▶ 10:50 Francis X. Wright Jr.: addressed to the Melrose City Council legal and legislative affairs committee their members please accept this correspondence in connection with the above referenced order we seek certain amendments to the senior work off abatement program at this time I'm requesting that this order be placed on file in order to provide my administration with an opportunity to present more comprehensive sets of amendments in the upcoming year first I would like to thank Councilwoman Monica Medeiros for presenting this order I appreciate her leadership and seeking changes to what has become critically important and worthwhile program for members of our senior community although I have been in office only since November 15th I have already begun
▶ 11:30 Francis X. Wright Jr.: on internal discussions about possible changes to our senior tax program including senior work off abatement programs there are many benefits as well as their operational complexities my purpose in requesting that this order be placed on file is to provide me with and members of my administration an opportunity to further review these programs to present amendments to the incoming city council with the ultimate objection of making our programs even more beneficial to both cities operations and our senior community i understand the city solicitor has previously corresponded with this committee and i want to reiterate some areas around the workout program which should be closely considered before final changes are made these include one studying how
▶ 12:18 Francis X. Wright Jr.: those changes made to the program in 2015 have impacted city operations as well as senior participating in the seniors participating in that program to creating a complete participant database to include the 41 residents currently placed in positions throughout our city departments as well as the 19 currently on a waiting list three reviewing similar programs and surrounding incomparable communities to determine any other changes that we should be making for considering reinstituting an income based cap to the program previously required five considering an overall expense cap on the program to ensure financial viability where this program has become an indispensable benefit to some members of our senior community I respectfully request that
▶ 13:08 Manisha Bewtra: this order be placed on file to afford me the opportunity to conduct a more comprehensive review of the program and determine if and how it should be be modified in the future very truly it was Paul Broga any other discussion councillor Bewtra I also want to thank councillor Medeiros for bringing this order forward and wish that we had more time to deliberate on it I I have some reservations on allowing an approved representative in place of an individual who's 60 years or older or disabled individual as it's written in the current ordinance because to me the benefit of this program is it offers a way not only for seniors in our community to have a tax abatement but it also provides some activity and kind of a work opportunity or a way to stay active in
▶ 14:16 Manisha Bewtra: the community. I believe I'm, I appreciate Mayor Broder's letter because I'm hoping that what we'll see come forward are a more comprehensive array of tax relief programs for seniors in our community that wouldn't kind of fill that remedy that you mentioned that councillor Medeiros mentioned by not requiring someone else to come and work for for us in order to receive a benefit but rather to to be able to demonstrate that this is not an option I think the other thing that said I would also the The part about this that I think makes sense is the increase to $1,500, both because of the increase in minimum wage, but also increased taxes and all of the other reasons stated by my colleague. So anyway, I don't know if we're going to be moving forward with this tonight or not,
▶ 15:20 Scott M. Forbes: but I just wanted to get on the record some of my thoughts on it. Thank you. Thank you. Any other councillors? President Forbes. Thank you. You know, I read this order through a couple times last night, and I do support this order. The part that I sat there and I thought was something that was a little bit more outside the box was having somebody who was a representative for somebody who actually could not physically perform, and I always think of a disabled veteran. Being able to serve their country in terms of home affordability, if you can give them an extra $1,500 for the sacrifices that they've made and allowing somebody else to do the work for them then to me that is a win all the way around the city still
▶ 16:07 Scott M. Forbes: controls the amount of slots that are available and the funds that will be able to be received and the income that comes in so I honestly think that this could be a common-sense situation where we could find you know an easy revision to this ordinance I think it's common sense and I think that we can move forward with it tonight and be able to implement it and actually make a difference to some seniors here in the city of Melrose that's what we talk about all the time if there are some tweaks that need to come along with it an amendment that may need to be to be made I think the majority or the foundation of what we're looking for is inside this order and I support it thank you Thank You president for any other counselor any other comments thank you
▶ 16:50 Shawn M. MacMaster: mr. chairman I'm a non voting member of this committee but I did want to speak very briefly on it if this order passes favorably this evening and committee I would be inclined to support it to me this is a simple common-sense amendment to an order that is already on the books it accounts for cost of living increases it accounts for inflation while making the current order more equitable by allowing for proxies to work on behalf of seniors who are not in a position to physically do so I certainly appreciate the mayor's memo and desire to place this on file but a comprehensive set of amendments as he writes in the memo can be done at any point and I think council of Forbes alluded to that that's what
▶ 17:37 Shawn M. MacMaster: we're in the business of doing is amending many of the orders that are on our books so there's nothing that says we can't do that moving forward you know I think it's important to also note that this is something that Councilor Medeiros has championed. And I think that since there's nothing precluding this council from moving forward on it, having her part of this passing committee tonight and potentially passing the council will to me, really set a cornerstone upon which we can build and the next council can build. So again, if this does pass the committee this evening, I would be supporting for it and in support of it at the full board meeting. Thank you, Mr. Chairman. Thank you, councilor.
▶ 18:24 Francis X. Wright Jr.: Any other councilors? Seeing none, I would just simply say that I think the order itself is commendable and I believe in the future, either tonight or in the future will pass. and um i believe that a more comprehensive ordinance could even better serve our senior community as well as the city i respect mayor broder's desire as a newly sitting mayor to want to take time to look at this i also respect the fact that he comes from a background of serving seniors and and representing seniors in the legislature and I think that he brings with him a certain level of expertise and connections that can serve this city going forward and I'd like to see him have that opportunity so that well I believe this order in of itself will be helpful I think rather
▶ 19:29 Francis X. Wright Jr.: put it in place and then strip it down a few months from now that we honor his request and we table it to allow him and the new council to um to take a comprehensive look at it take a comprehensive look at how it affects the city its departments its budget and not so much because it we would cut back on it but we had to place it in the budget we were to anticipate this cost being absorbed uh and um and that ultimately will be a a better result for seniors in this city any other counselors for the second time council maderos thank you and i did want to just point out a couple of things and i and i do certainly appreciate mayor broder's uh memo that we received today um and just just to clarify you know i i do wish we had more time to deliberate this i
▶ 20:21 Monica C. Medeiros: actually filed this order back in august and unfortunately you know it's four months later but this is the first time it's it's really being heard but i did have a chance a few months ago to speak with the new council on aging director i just wanted to pass on too that you know she said most of what they were doing for applications for people into this program were taking applications up until april 30th so really just another wanted to point out that in terms of if there's concerns over budget or anything like that that um really the any new program changes for the next year really probably won't go into effect major changes until after april 30th but again this is you know i do respect that you know certainly mayor broder will like to look at something much
▶ 21:18 Monica C. Medeiros: more comprehensive um however this is one piece that that we can do today and and again i think it does have a time component and um you know unfortunately um it was out of my hands that it's taken this long to be heard before the committee thank you any other councils we have a motion before us to recommend this to the full City Council all in favor this is a committee vote only so I guess I'll ask for a show of hands committee members in favor of recommending this to the full City Council three that was opposed yes I'd like to make a motion to add I believe that we received an email today from Julie de Lillo on this order you could add that to the record the motion by council Madero seconded by councilor Tramontozzi to add the email
▶ 22:42 Francis X. Wright Jr.: communication from Julie Delillo to the record motion to move this forward to the full board without recommendation second the motion we have a motion before us to move this before to the full board without recommendation any discussion seeing none all in favor of moving this to the full board without recommendation any opposed I think that we show hands on that okay great thank you so we'll be move forward without recommendation okay second item on our agenda is item 2020 20 amending melrose revised ordinance chapter 198-2 refuse receptacles are set forth here in councilor zorco thank you mr chairman um so this is now the um the third time that we've talked about this order and i just wanted to say i think that this order has evolved
▶ 24:09 Michael P. Zwirko: to a place where i think we're very comfortable with its language the um we don't need to go through what this ordinance really pertains to but the modifications that we made at the last meeting i think are somewhere where the feedback was very good especially from this committee as well as from non-voting members of this committee and kind of looking forward to pushing this order through to the full board this evening so i certainly will remain here open to further questions or comments but i would like to move that this order be recommended for passage i'm I'm sorry, are you moving for passage? I am. We have comment and a motion from Councilor Zwirko to recommend this matter for passage. Second.
▶ 24:59 Francis X. Wright Jr.: We have a second from President Forbes on discussion. Any discussion from the Councilors? Seeing none, we have before us. Sorry, a point of, a quick note that I, just in the body of the order versus the, Oh, maybe it's clear. The attachment has the old language and the printout version has the new language, that's all. That's all. Thank you. I was clicking on the wrong one. We have a matter, we have an order before us with a recommendation that it be sent to the committee for passage. All in favor? Aye. Opposed? Opposed. The matter will be sent to the full council, Recommended for passage. And our third order is order 2020-40, an order requesting the city of Melrose to adopt the Massachusetts General Laws,
▶ 26:06 Scott M. Forbes: chapter 33, section 59, effective military service on salary, seniority, and leave of allowances of public employees. President Forbes. Thank you, Mr. Chairman. I just want to be able to take the opportunity thank the city of Melrose and the administration for doing the digging and finding the source document from April 2000 that shows the original adoption of chapter 33 section 59. this is a positive outcome for veterans in the city of Melrose anybody that comes to the clerk's office that is looking for that source document it will be available to them again I appreciate everybody involved to make this happen I do recommend that we move this to the city council with a motion to place on file any discussion hearing none all in favor of placing this item
▶ 27:08 Francis X. Wright Jr.: on file aye aye aye opposed item will be placed on file that is the last item on our agenda um let me just say motion to adjourn second can i have a moment oh i apologize sorry i was going to say counselor you're going to be a little long-winded no i'm not i just want to say for 14 of the 11 of the last 14 years i've i believe like if i'm counting correctly i've chaired this committee and it's been my great pleasure to bring some of the the things I learned during my day job as a city solicitor to this desk and to the city and I appreciate the voters for putting me in this position and the members of this council formerly aboard past and present who have allowed me to sit up here and chair this committee thank you that said we have a motion