MINUTES - Executive - 9/27/2007 CITY OF SALEM
SEPTEMBER 27, 2007
EXECUTIVE SESSION
A Regular Meeting of the City Council was held in the Council Chamber on
Thursday, September 27, 2007 at 7.00 P.M. for the purpose of transacting any and all
business, at which time, the City Council, by recorded roll call vote, went into Executive
Session with the City Solicitor, for an update on the status of litigation regarding the
trash fee. Notice of this meeting was posted on September 20, 2007, at 5.21 P.M.
All Councillors were present.
Council President Matthew Veno presided.
Councillor Pelletier moved that the City Council adjourn to the Council Anteroom
to hold an Executive Session, and at the end of the Executive Session, the regular
meeting will continue. Adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
See canister in vault for minutes of Executive Session. Minutes cannot be
released without approval from City of Salem Legal Department.
On the motion of Councillor Pelletier, the Executive Session adjourned, and the
regular meeting continued by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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EXECUTIVE SESSION
A Regular Meeting of the City Council was held in the Council Chamber on
Thursday, September 27, 2007 at 7.00 P.M. for the purpose of transacting any and all
business, at which time, the City Council, by recorded roll call vote, went into Executive
Session with the City Solicitor, for an update on the status of litigation regarding the
trash fee. Notice of this meeting was posted on September 20, 2007, at 5.21 P.M.
All Councillors were present.
Council President Matthew Veno presided.
Councillor Pelletier moved that the City Council adjourn to the Council Anteroom
to hold an Executive Session, and at the end of the Executive Session, the regular
meeting will continue. It was adopted by a unanimous roll call vote of 11 yeas, 0 nays, 0
absent.
Councillor Sargent recused himself and left the meeting due to conflict of interest.
Council President Veno turned the meeting over to the City Solicitor Elizabeth
Rennard.
Solicitor Rennard stated that the trash fee for solid waste has been challenged,
the complaint is that it is not constitutional and that it has not been fairly distributed and
that it is a tax. So an injunction was imposed. The plaintiff filed an injunction to stop it.
The Judge's order stated that it was a fee not a tax. The written argument from the
plaintiff is unlikely to succeed on merits of the case. In discovery phase they are looking
for documents. The second phase motion injunction Sec. 9, Ch. 36-9 date specific June
1st 2007 for ratification. There is no mechanism for re-ratifying only to amend or repeal.
The Order to form a Committee for alternative fees and Committee is supposed to
recommend before the end of the calendar year. The amendment to repeal did not go
through and Council adopted the budget including the fee. I talked to the Mayor and we
agree that an amendment to strike the wording of June 1, 2007. It was a sunset and not
intended to go forward. We are looking for first passage on the Ordinance tonight and
get the committee going.
Councillor Corchado asked how important is it to eliminate the wording?
Solicitor stated the case is good without deleting it but better if we do.
Councillor Corchado asked Councillor Lovely could we clarify, is it meant to
repeal the ordinance?
Solicitor Rennard stated no you can repeal the ordinance like any other.
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Councillor Veno asked procedural ordinance will be before us tonight are there
any matters for going into Executive Session?
Solicitor Rennard stated that it is uncomfortable giving my strategy on the floor of
the Council.
Councillor Blair asked how if is it abolished by June 1, 2008?
Solicitor stated Sunset shall be repealed by specific date and the Committee may
make another recommendation.
Councillor Blair stated that he may not be here.
Councillor Pelletier stated this wasn't to be done before the end of the year.
Councillor Blair stated that I supported this because the Mayor was in trouble
trying to balance the budget but was told this was a one time thing. Why don't we totally
amend it?
Councillor Lovely stated repeal it for the end of the fiscal year June 2008.
Solicitor stated that the litigation will still go on.
Councillor Blair stated it will be over, what about an extension?
Councillor O'Leary stated let's take it out to the floor.
Councillor Veno stated it's because of the Solicitors strategy.
Councillor Pelletier asked why Councillor Sargent had to leave the room.
Solicitor Rennard stated it was due to conflict of interest.
Councillor Pelletier stated we can debate on the floor the question of money paid
already, are they trying to recoup?
Solicitor Rennard stated yes it's what it's about.
Councillor Lovely asked in fiscal year 2009 the Mayor won't depend on this for
the budget. I'm all for repealing it.
Councillor Sosnowski asked can we take it out of order to take up the ordinance?
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Councillor Prevey stated understanding the Solicitor's strategy it's legislation
intent seems your asking us to alter the ordinance.
Solicitor stated there is no mechanism to re-ratify only repeal.
Councillor Prevey asked if we pass the ordinance it stops here?
Solicitor stated no there are 5 counts, unfair tax, unconstitutional etc. We haven't
litigated all the counts.
Councillor Furey asked if we make action tonight is it presumtous?
Solicitor stated adopt the ordinance and get the committee going to clean up the
language.
Councillor Lovely asked could we give a date of June 2008? This budget is
dependent on this fee, has the Mayor said how she will do this without it for the budget
next year?
Councillor Corchado stated we were handcuffed because of the budget.
Solicitor Rennard state the wording of ratification was there but nothing
happened.
Councillor O'Leary stated we made a mistake with this strategy.
Councillor Corchado stated it was needed at the time.
Councillor Pelletier stated this will go next step further and want money back.
Councillor O'Keefe stated this is covered by client privilege including documents.
Councillor Lovely stated I'm on the plaintiff's side.
Councillor Veno reminded the Council of their obligation.
Solcitor Rennard stated do not divulge anything from this room.
Councillor Prevey asked for guidance for discussion on the floor
Solicitor Rennard stated do not talk about the litigation.
Councillor Prevey stated avoid discussing litigation.
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Councillor Pelletier stated we should not take it out of order.
Councillor Sosnowski stated it's just being considerate of people
Councillor Veno stated there is a process for the floor.
Councillor O'Leary stated he won't say a word tonight
Councillor Lovely stated I want to clarify my statement I'm not on plaintiff's side
I'm on the Council's side just opposed to the ordinance.
Councillor Veno stated he will get the committee going right away.
Councillor Sosnowski asked how much has been collected to date?
No one had this information.
On the motion of Councillor Blair the Executive Session was adjourned and the
regular meeting was continued by a roll call vote of 10 yeas, 0 nays, 1 absent.
Councillors Sosnowski, Prevey, Pelletier, O'Leary, O'Keefe, Lovely, Furey, Corchado,
Blair and Veno were recorded as voting in the affirmative. Councillor Sargent was
recorded as absent.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK