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MINUTES - Regular - 3/24/2005 CITY OF SALEM 69 MARCH 24, 2005 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, March 24, 2005 at 7.00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on March 18, 2005 at 7.42 P.M. Councillor Corchado was recorded as absent. Council President Michael Bencal presided. Councillor O'Leary moved to dispense with the reading of the record of the previous meeting. It was so voted. President Bencal requested that everyone please rise to recite the Pledge of Allegiance. #265 —APPT. OF THOMAS LECKRONE AS DIRECTOR OF HUMAN RESOURCES They Mayor's appointment of Thomas Leckrone to serve as the Director of Human Resources for a term to expire January 31, 2006, was confirmed by roll call vote of 9 yeas, 1 nay, 1 absent. Councillors Veno, Sosnowski, Sargent, Pelletier, O'Keefe, Lovely, Harvey, Furey and Bencal were recorded as voting in the affirmative. Councillor O'Leary was recorded as voting in the negative. Councillor Corchado was recorded as absent. Councillor O'Keefe requested and received unanimous consent to suspend the rules to allow Mr. Leckrone to speak. It was so voted. #266 —APPT. OF KATHRYN HARPER AS A MEMBER OF THE HISTORICAL COMMISSION The Mayor's appointment of Kathryn Harper to serve as a member of the Historical Commission for a term to expire November 20, 2005, was confirmed by roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Veno, Sosnowski, Sargent, Pelletier, O'Leary, O'Keefe, Lovely, Harvey, Furey and Bencal were recorded as voting in the affirmative. Councillor Corchado was recorded as absent. Councillor Sosnowski requested and received unanimous consent to suspend the rules to allow Ms. Harper to speak. It was so voted. 70 CITY OF SALEM MARCH 24, 2005 REGULAR MEETING OF THE CITY COUNCIL #267 —APPT. OF PETER STROUT AS A MEMBER OF THE HOUSING AUTHORITY The Mayor's appointment of Peter Strout to serve as a member of the Housing Authority for a term to expire February 1, 2010, was confirmed by roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Veno, Sosnowski, Sargent, Pelletier, O'Leary, O'Keefe, Lovely, Harvey, Furey and Bencal were recorded as voting in the affirmative. Councillor Corchado was recorded as absent. Councillor O'Keefe requested and received unanimous consent to suspend the rules to allow Ms. Harper to speak. It was so voted. Councillor O'Keefe moved that a letter and City Seal be sent to Mr. Farrell. It was so voted. #268 —APPR. POLICE DEPT. LEASE/PURCHASE OF 6 POLICE CRUISERS The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules. ORDERED: that the sum of One-hundred Ninety-seven Thousand, Two Hundred-two Dollars ($197,202.00) is hereby appropriated from the "Capital Outlay — Equipment" Account to be expended for the lease/purchase of Six (6) 2005 Ford Crown Victoria Police Cruisers for the Police Department in accordance with the recommendation of His Honor the Mayor. #269 — TRANSFER TO CEMETERY - EQUIPMENT The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules. ORDERED: that the sum of Six Thousand, Four Hundred-six Dollars ($6,406.00) is hereby transferred from the "Receipts Reserved — Sale of Vaults" Account to "Cemetery — Equipment" Account in accordance with the recommendation of His Honor the Mayor. #270 — CITY OF SALEM ACCEPT M.G.L. CH. 44, SEC. 53 % E & SEC. 53G The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance. ORDERED: That the City of Salem hereby accepts M.G.L. Chapter 44, Municipal Finance, Section 53E '/2 and M.G.L. Chapter 44, Municipal Finance, Section 53G which, together, provide CITY OF SALEM 71 MARCH 24, 2005 REGULAR MEETING OF THE CITY COUNCIL for the establishment of a Revolving Special Revenue Account for the Conservation Commission to deposit fees to hire consultants. #271 — CITY OF SALEM ACCEPTS WHALERS LANE AS AN ACCEPTED STREET The following Order, recommended by the Mayor, a motion to hold a Public Hearing was Ordered for April 14, 2005. ORDERED: that the City of Salem hereby accepts Whalers Lane from the intersection with First Street to the intersection with Traders Way and First Streets. This recommendation is for the roadway only within the existing right of way as shown on the Plan entitled: "As Built Plan, Whalers Lane, Salem, Mass." Three sheets dated October 23, 1998 and revised April 13 and June 16, 2004 by North Shore Survey Corporation. This acceptance will not include utilities within the right way shown on the above-mentioned plan. #272 — COMMITTEE OF WHOLE MEET TO DISCUSS CITY FINANCES Councillor Harvey introduced the following Order, which was adopted. ORDERED: That the Committee of the Whole meet with the Finance Director and the Mayor to discuss the City finances for the remainder of Fiscal year 2005 and for Fiscal year 2006. #273 — FINANCIAL REPORT OF FEBRUARY 28, 200 Councillor Veno introduced the following Order, which was adopted. ORDERED: That the Financial Report ending February 28, 2005 be received and placed on file. #274 — COMMITTEE OF THE WHOLE MEET REGARDING STAFFING LEVELS Councillor Sosnowski introduced the following Order, Councillor O'Leary made a motion to invited the Fire Chief, which was adopted. The Order was adopted as amended. ORDERED: That the Committee of the Whole meet with the Mayor or his representative to discuss concerns for the future long range plans for various departments expecially the Police Department to establish a plan for proper staffing levels. Also to bin invited the Finance Director, Chief of Police or his designee, Fire Chief and to include other department heads as the Council deems necessary. 72 CITY OF SALEM MARCH 24, 2005 REGULAR MEETING OF THE CITY COUNCIL #275 — ORDINANCE AMENDING TRAFFIC, RESIDENT STICKER, CHESTNUT STREET Councillor Pelletier introduced the following Ordinance, which was adopted for first passage. In the year two thousand and five An Ordinance to amend an Ordinance relative to Traffic, Resident Sticker Parking, Tow Zone. Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 32, Section 75, Resident Sticker Parking, is hereby amended by adding the following: Zone C, Color Green, resident parking Tow Zone, Chestnut Street, eastbound on both sides (Northerly and Southerly) from Cambridge Street to Summer Street. "Resident Sticker Parking" Section 2. This Ordinance shall take effect as provided by City Charter. #276 - ORDINANCE AMENDING RELATIVE TO PUBLIC NOTICE AND AVAILABILITY OF INFORMATION Councillor Harvey introduced the following Ordinance, which was adopted for first passage and referred to the Committee on Ordinances, Licenses and Legal Affairs. An Ordinance to amend an Ordinance relative to Public Notice and Availability of Information. In the year two thousand and five Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 2, Article XIV, Public Notice and Availability of Information, is hereby amended by adding the following: Chapter 2, Article XIV. Data Processing is hereby amended by adding the following: Section 2026 Public Notice and Availability of Information The purpose of this Ordinance is to make information about the actions of City departments, boards and committees more readily available to the general public and the city council through the City's official Internet website, http-//www.salemcouncil.com/. The provisions of this Ordinance are intended to supplement other laws providing for public access to information, including the CITY OF SALEM 73 MARCH 24, 2005 REGULAR MEETING OF THE CITY COUNCIL Massachusetts Open Meeting Law, the Massachusetts Public Records Law, other statutes requiring public notice or public hearings, the City Charter, local laws, and any other rules or regulations regarding public notice and the availability of information. Section 2027. Master Calendar (1) The City's MIS Department shall maintain a "Master Calendar" as part of the City Council's official Internet website, publishing the date, time, location and agenda of every "Open Meeting" of City boards, committees and other multiple-member bodies. The Master Calendar and its information about meetings shall be viewable by the public. The administration of the Master Calendar shall be password-protected or otherwise controlled so as to protect the integrity of the information in it. (2) The date, time and location of every Open Meeting of a City board, committee or other multiple-member body shall be added to the Master Calendar before notice of the meeting is posted in the City Clerk's office as required by the Open Meeting Law, M.G.L. c. 39, §§23A and 23B. The MIS Department shall provide a protocol for adding meetings to the Master Calendar during non-business hours, in the event there is an "emergency" as defined by the Open Meeting Law. (3) No action may be taken at any meeting unless notice of the meeting has been published on the Master Calendar as required by this Ordinance. Failure to include notice of an Open Meeting on the Master Calendar shall be grounds for invalidating any action taken during that meeting. (4) The MIS Department shall maintain a record of the Master Calendar and all meeting information published through it for at least three years after the date of the meeting. Such record may be maintained in electronic format, but the MIS Department shall act to protect the integrity of such record and shall document any changes to such record. Section 2028. Agendas (1) Except in the event of an emergency, as defined by the Open Meeting Law, the full Agenda of every Open Meeting of a City board, committee or other multiple-member body shall be added to the Master Calendar and viewable by the public at least 48 hours prior to the start of the meeting. Sundays and legal holidays shall not be included in the calculation of time under this Ordinance. In the event of such emergency, the Agenda for such emergency meeting shall be added to the Master Calendar as soon as practicable. Agendas published in other areas of the website shall be considered "added to" or "published on" the Master Calendar if the Agenda is accessible to the public through a website link on the Master Calendar. (2) No public hearing may be held on any matter except pursuant to an Agenda published on the Master Calendar and viewable by the public, as provided in this Ordinance. No board, committee or other multiple-member body may take final action on any matter except pursuant to an Agenda published on the Master Calendar and viewable by the public. Failure to include a matter on an Agenda published pursuant to this Ordinance shall be grounds for invalidating any 74 CITY OF SALEM MARCH 24, 2005 REGULAR MEETING OF THE CITY COUNCIL public hearing, approval, disapproval or other final action on such matter; except that the following actions may be taken even if the matters are not included on an Agenda published on the master Calendar pursuant to this Ordinance- (3) (a) decisions by the City Council to accept "late-filed" ordinances, and "first readings" and referral to committee for such late-filed ordinances- (b) review of correspondence, including decisions by the City Council to reject appointments by the Mayor; (c) decisions about employing consultants to review applications or projects, or to otherwise advise the board, committee or multiple-member body; and (d) authorization to pay bills that are otherwise lawfully incurred. (3) All meeting Agendas shall be maintained on the City website and available to the public through the Master Calendar for at least 90 days after the meeting. Section 2029. Meeting Minutes (1) The full text of the Minutes of all Open Meetings shall be published on the City website, and shall be viewable by the public through links from the Master Calendar, within 48 hours after the Minutes have been transcribed or prepared. Meeting Minutes that have not yet been approved by the board, committee or multiple-member body shall be clearly indicated as "Draft" on all pages of the document; Minutes that have been approved shall be indicated as "Approved". Minutes shall be available through links from the Master Calendar for at least 90 days after they are approved by the board, committee or multiple-member body. The Minutes may be removed from the website after such 90-day period has expired. (2) The MIS Department shall provide for a system to protect the integrity of such Minutes and to prevent any alteration of such Minutes by unauthorized persons. The MIS Department shall maintain records indicating when such Minutes were first published, when the "Draft" Minutes were replaced by "Approved" Minutes, and when any other changes to the Minutes were made, for at least three years after the date of the Meeting. Section 2030. Legal notices (1) The MIS Department shall maintain a "Legal Notices" section on the City website containing the full text of all Legal Notices published concerning City matters. Such Legal Notices shall include, but not be limited to: notices concerning review of projects by the Conservation Commission, Planning Board, or Zoning Board of Appeals; notices concerning public hearings being held by any board, committee, or multiple-member body; notices concerning the disposal of surplus or tax-title property; notices concerning ordinances or other Municipal Council matters; and notices regarding City contracts. Such Legal Notices shall be viewable by the public, and shall be indexed or ordered so as to make them easily available to the public, preferably through links from the meeting Agenda or Master Calendar notice of the relevant Meeting(s). Each Legal Notice published on the City website shall also include documentation of what newspaper it was published in and the date of publication. CITY OF SALEM 75 MARCH 24, 2005 REGULAR MEETING OF THE CITY COUNCIL (2) Such Legal Notices shall be maintained on the City website for at least 90 days after the Meeting at which the noticed matter was finally acted upon. The MIS Department shall provide for a system to protect the integrity of such Legal Notices and to prevent any alteration of them by unauthorized persons. The MIS Department shall maintain records indicating when such Legal Notices were published on the City website for at least three years after the date of the Meeting at which the noticed matter was finally acted upon. Section 2031. City Contracts (1) The full text of all Requests for Bids, Requests for Proposals, Requests for Qualifications, Declarations of Surplus, Auction Notices and other documents relating to potential contracts by or with the City shall be published on the City website and viewable by the public. All such documents shall be published on the City website and viewable by the public within 48 hours of the time they are issued by the City. In no instance shall such documents require a response deadline less than ten days after such documents are published on the City website, except in the event of an "emergency" as defined by the Open Meeting Law. (2) Such documents shall be maintained on the City website and viewable by the public for a period of 90 days after the relevant contract has been awarded or agreement made. Such documents shall be indexed or ordered so as to make them easily available to the public. The MIS Department shall provide for a system to protect the integrity of such documents and to prevent any alteration of them by unauthorized persons. The MIS Department shall maintain records indicating when such documents were published on the City website for at least three years after the relevant contract has been awarded or agreement made. (3) No contract shall be awarded, nor sale made, nor vendor selected, nor shall any other agreement be made by the City, except pursuant to documents made available to the public under the provisions of this Ordinance. Failure to post any such document on the City website, as provided by this Ordinance, shall be grounds for voiding any contract awarded or agreement made pursuant to such document. (4) A settlement agreement or other agreement to resolve a lawsuit or litigation shall not be considered an "agreement made by the City" for the purposes of this Ordinance. Agreements to resolve lawsuits or other litigation shall be exempted from the requirements of this Ordinance, provided that such agreements are otherwise lawfully made. Section 2032. Reports (1) The City website shall publish the full text of all City reports and all filings made by the City with state, regional or federal agencies. Such reports and filings shall be viewable by the public for at 76 CITY OF SALEM MARCH 24, 2005 REGULAR MEETING OF THE CITY COUNCIL least 90 days after they are published or filed, and shall be indexed or ordered so as to make them easily available to the public. Any report or filing that exceeds 100 pages in length may be published on the City website in the form of an Executive Summary, and such Executive Summary will fulfill the requirements of this section provided that it includes information regarding where the public may view the full text of the report. (2) The City website shall publish an Executive Summary of any report or survey commissioned by the City from outside vendors, including but not limited to: environmental surveys; reports concerning the condition of City buildings, roads or other infrastructure; and reports concerning the management of City departments. Such Executive Summaries shall be viewable by the public through the website for at least 90 days after they are published, and shall be indexed or ordered so as to make them easily available to the public. Notwithstanding other provisions of this Ordinance, any report or portion of a report describing the vulnerability of City infrastructure or City residents to acts of terrorism shall not be published on the City website, except if such publication is specifically requested by the Salem Police Department, the Massachusetts Emergency Management Agency, the Massachusetts State Police, or an agency of the federal government. (3) Notwithstanding other provisions of this Ordinance, the full text of the Annual Report of the City shall be accessible by a link from the main or "Home" page of the City's website, and shall be viewable by the public for at least three years. Section 2033. General Provisions (1) Notwithstanding other provisions of this Ordinance, this Ordinance does not require the publication of any document, or any portion of any document, that may legally be withheld from public view under the provisions of the Massachusetts Public Records Law, M.G.L. c. 4, §7(26) and c. 66, §10. (2) At the discretion of the MIS Department, the "full text" of documents may be published on the City website in .pdf format, .htmI format, .txt format or any other format that may be readily viewable by the public using commonly available software applications. Documents created in Lotus Notes, WordPro or other proprietary software shall be translated or reformatted into .txt, .htmI or .pdf format before they are published on the City website. (3) The finance director and MIS director will make available to all city councilors in the city clerks office a computer with access to all financial data of the city so that any transaction of any money can be monitored. (4) The District Attorney may enforce any provision of this Ordinance in Essex Superior Court or in any other court of competent jurisdiction. Section 2. This Ordinance shall take effect as provided by City Charter. CITY OF SALEM 77 MARCH 24, 2005 REGULAR MEETING OF THE CITY COUNCIL #277 — ORDINANCE AMENDING TRAFFIC, TWO (2) HOUR PARKING, CHURCH STREET Councillor Sosnowski introduced the following Ordinance, which was adopted for first passage. In the year two thousand and five An Ordinance to amend an Ordinance relative to Traffic, Metered Zones Established. Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 42, Section 56, Metered Zones Established, is hereby amended by deleting and replace with the following: Church Street Parking Lot, Northerly side, 47 Parking Spaces, increase to Two (2) Hour Parking Limit. Section 2. This Ordinance shall take effect as provided by City Charter. #278 — ORDINANCE AMENDING TRAFFIC, One (1) PARKING, BOSTON STREET Councillor O'Leary introduced the following Ordinance, which was adopted for first passage. In the year two thousand and five An Ordinance to amend an Ordinance relative to Traffic, Parking Prohibited Certain Times on Certain Streets. Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 42, Section 51 B, Parking Prohibited Certain Times on Certain Streets, is hereby amended by deleting and replace with the following: Boston Street, westbound on the northerly side, for a distance of forty (40) feet, in front of #106 and #108 Boston Street. "One Hour Parking, 8.00 A.M. to 6.00 P.M. Section 2. This Ordinance shall take effect as provided by City Charter. #279 — PETITION OF RESIDENTS TO MAKE FRANCIS ROAD AND CALABRESE ST. A ONE- WAY Councillor Lovely introduced the following Order, which was adopted. 78 CITY OF SALEM MARCH 24, 2005 REGULAR MEETING OF THE CITY COUNCIL ORDERED: That the petition of the residents of Francis Road and Calabrese Street to make each respective street one-way in opposite directions, and that the streets be put on the street paving list for Fiscal year 2005, and that the matter be referred to the Committee on Community and Economic Development for a public meeting and that the residents of both streets, Capt. Callahan of Salem Police Department and the Fire Department be invited to attend. #280 — COMMUNICATION FROM PEABODY CITY COUNCIL Councillor O'Leary introduced the following Order, which was adopted. Councillor Furey was recorded as opposed. ORDERED: That the enclosed communication from the Peabody City council be received and placed on file. Councillor O'Leary moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. #281 — PROPOSED ZONING AMENDMENT—ARTICLE IX. ADMINISTRATION Councillor Sosnowski introduced the following Zoning Ordinance, which was referred to the Planning Board to schedule a Joint Public Hearing. In the year two thousand and five An Ordinance to amend Zoning, Article IX. Administration. Be it ordained by the City Council of the City of Salem, as follows: Section 1. Article IX, Section 9-6 Amendments. Subsection (6) be amended by deleting the following paragraph. The plan shall be prepared by a registered land surveyor, and his official stamp or seal shall be affixed to the plan. Section 2. This Ordinance shall take effect as provided by City Charter. CITY OF SALEM 79 MARCH 24, 2005 REGULAR MEETING OF THE CITY COUNCIL #282 — LETTER FROM MAYOR REGARDING COMMUNICATING WITH DEPT. HEADS Councillor Pelletier introduced the following Order, which was adopted. ORDERED: That the enclosed letter from the Mayor regarding the matter of City Council communicating with Department Heads be received and placed on file. #283 — (#252 -#253) - GRANTING CERTAIN LICENSES Councillor Harvey offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and adopt the recommendation. The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of granting certain licenses has considered said matter and would recommend that the following be granted. TAXI CAB Community Taxi, 27R Caller St., Peabody (6) Tri-City Services Inc., 55R Walnut St., Peabody (6) LIMO Tri-City Services Inc., 55 R Walnut St., Peabody (2) TAXI OPERATOR Roberto A. Disla, 24 Rainbow Terr., Salem #284 — OPTIONAL CHARTER, M.G.L. CH. 43113, SEC. 12A Councillor Harvey offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and adopt the recommendation by roll call vote of 9 yeas, 1 nay, 1 absent. Councillors Veno, Sosnowski, Sargent, Pelletier, O'Leary, O'Keefe, Lovely, Harvey, and Bencal were recorded as voting in the affirmative. Councillor Furey voted in the negative. Councillor Corchado was recorded as absent. The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of Massachusetts General Law Chapter 43B, Sec. 12A Resubmission of Charter which failed approval has considered said matter and would recommend that the following: In accordance with Ch. 43B, Sec. 12A, changes be made in dates in the Charter as originally submitted to the voters which is necessary to ensure the orderly implementation of the Optional Charter as follows: Page 1, (1) to return a two-year term for the office of Mayor. That two-year term would take effect with the Mayoral term that begins in January 2010. 80 CITY OF SALEM MARCH 24, 2005 REGULAR MEETING OF THE CITY COUNCIL Page 33, Section 8-8 Time of Taking Effect. (a) Budget Management Analyst —the provision of Article 2 — Section 2-3 (d) establishes the use of a consultant for a Budget Management Analyst under the City Council. It is the intention of the charter that the consultant be hired by July 1, 2006. (b) Two Year Term of Office for Mayor— the provisions of Article 3, Section 3-12, (b) establishes the reduction for the term of office of the Mayor from a four-year term of office, to a two-year term of office. The current Mayor shall serve for the balance of the term for which elected. And successors shall be chosen for terms of two years of the term of office beginning on the first Monday in January 2010. #285 — #289 — LICENSE APPLICATIONS The following list of license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs. PUBLIC GUIDE Brigitta Amsler, 286 Ocean Ave., Marblehead Michael Vitka, 35 Upham St., Salem TAG DAY Polish Legion of American Veterans, August 26, 27 & 28, 2005 LIMO Road House, 13 Nichols St., Salem (1) TAXI OPERATOR Albert W. Calman, 47 Franklin St., Salem #290 — DRAINLAYER / CONTRACT OPERATOR LICENSE APPLICATION The following list of Drainlayer/ Contract Operator Licenses application was granted. Infiniti, L.L.C., 80 Larch Row, Wenham CITY OF SALEM 81 MARCH 24, 2005 REGULAR MEETING OF THE CITY COUNCIL #291 -#296 - CLAIMS The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs. Paul L. Avigian, 27 Charter St., Salem Tracey Barton, 16R Rice St., Salem Dena Browne, 43 Dexter St., Peabody Esperanza Medrano, 113 Rockaway St., Lynn Maureen Roderick, 18 Scenic Ave., Salem Elana A. Sokol, 8 Auburn Road, Salem #297 - BOND The following Bond was referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved. DRAINLAYER Infiniti, LLC, 80 Larch Row, Wenham On the motion of Councillor Veno the meeting adjourned at 8.07 P.M. ATTEST: CHERYL A. LAPOINTE CITY CLERK