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MINUTES - Regular - 5/22/2008 430 CITY OF SALEM MAY 22, 2008 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, May 22, 2008 at 7.00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on May 16, 2008 at 8.57 A.M. Councillor Sargent was recorded as absent. Councillor Furey was recorded as arriving at 7.30 P.M. Council President Michael Sosnowski presided. Councillor Lovely moved to dispense with the reading of the record of the previous meeting. It was so voted. President Sosnowski requested that everyone please rise to recite the Pledge of Allegiance. #317 - CONDUIT LOCATION ON BRIDGE STREET A hearing was held on the Order of National Grid for a conduit location on Bridge Street between Washington St. and Webb St. Appearing in favor was John Jankowski, representative for National Grid. There was no one opposed. The hearing was closed. Councillor Pelletier moved that the permit be granted. It was so voted. #318 - APPT. HELEN SIDES TO DESIGN REVIEW BOARD The Mayor's appointment of Helen Sides to serve as a member of the Design Review Board (DRB) for a term to expire June 1, 2011, was held until the next regular meeting, June 12, 2008, of the City Council. #319 — REAPPT. CONSTABLE The Mayor's reappointment of Cabot W. Dodge, 44 Nichols St., Swampscott as a constable with a term to expire: June 13, 2011, was received and placed on file. CITY OF SALEM 431 MAY 22, 2008 REGULAR MEETING OF THE CITY COUNCIL #320 —ACCEPT DONATIONS FOR SUMMER DARE CAMP The following Order recommended by the Mayor, was adopted. ORDERED: Be it hereby Ordered by the Salem City Council that the City of Salem accept the following donations to be used to fund the Summer Dare Camp Program for the summer of 2008: Dominion Energy, Inc. $1,000.00 CSL International of Beverly $1,000.00 Salem State College $500.00 #321 —ACCEPT M.G.L. CH. 44, SEC. 53E TO ESTABLISH AN OFFSET FOR ELECTRICAL DEPT. The following Order recommended by the Mayor, was adopted. ORDERED: That the City of Salem hereby accepts M.G.L. Chapter 44, Section 53E which provides for the establishment of an offset by estimated receipts of user fees fund. This fund will be used to offset the costs of overtime within the Electrical Department with the fees received for alarm calls. This fund may be expended for this purpose without further appropriation in accordance with the recommendation of Her Honor the Mayor. #322 — ORDINANCE RELATIVE TO CERTIFICATE OF FITNESS, HEALTH DEPT. The following Ordinance, recommended by the Mayor, was adopted for first passage by a roll call vote of 8 yeas, 1 nay, 2 absent. Councillors Lovely, McCarthy, O'Keefe, Pelletier, Pinto, Prevey, Ryan and Veno were recorded as voting in the affirmative. Councillor Sosnowski was recorded as opposed. Councillors Furey and Sargent were recorded as absent. In the year two thousand and eight An Ordinance to amend an Ordinance relative to the fee of Certificate of Fitness Inspections by the Health Department Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 2, Section 2-705 (b) that the fee of$25.00 be deleted and insert in place with $75.00. Section 2. This Ordinance shall take effect as provided by City Charter. 432 CITY OF SALEM MAY 22, 2008 REGULAR MEETING OF THE CITY COUNCIL Councillor Furey arrived at 7:30 P.M. #323 — ORDINANCE RELATIVE TO PURCHASE OF GOODS & SERVICES AND DISPOSITION OF SURPLUS PROPERTY The following Ordinance, recommended by the Mayor, was adopted for first passage and referred to the Committee on Ordinances, Licenses and Legal Affairs and co-posted with the Committee of the Whole by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Furey, Lovely, McCarthy, O'Keefe, Pelletier, Pinto, Prevey, Ryan, Veno and Sosnowski were recorded as voting in the affirmative. Councillor Sargent was recorded as absent. In the year two thousand and eight An Ordinance to amend an Ordinance relative to purchase of goods and services and disposition of surplus property. Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 2, Article X, Purchase and Contracts, Division 1 is hereby amended by 1) deleting Section 2-1690 (c) in its entirety; and 2) replacing the value of"$200.00" within Section 2-1691 with a new value of $57000.00" Section 2. This Ordinance shall take effect as provided by City Charter. #324 — ORDINANCE RELATIVE TO CITY TREASURER AND CITY COLLECTOR The following Ordinance, recommended by the Mayor, was adopted for first passage and referred to the Committee on Ordinances, Licenses and Legal Affairs and co-posted with the Committee of the Whole by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Furey, Lovely, McCarthy, O'Keefe, Pelletier, Pinto, Prevey, Ryan, Veno and Sosnowski were recorded as voting in the affirmative. Councillor Sargent was recorded as absent. In the year two thousand and eight An Ordinance to amend an Ordinance relative to the City Treasurer and City Collector. Section 1. Chapter 2, Article III, Division 8 is hereby amended as follows: CITY OF SALEM 433 MAY 22, 2008 REGULAR MEETING OF THE CITY COUNCIL A) Amend Division 8 title be deleting the "P between the words treasurer and collector and inserting in place thereof the words "and city". B) Amend Section 2-446 by deleting this section in its entirety and inserting in place thereof the following new Section 2-446: "Section 2-446. Appointment of Treasurer and Collector; term; vacancy. a) The Mayor shall, subject to confirmation by the City Council, appoint a City treasurer who shall hold office for three years from February 1 and until a successor is appointed and qualified. A vacancy in such office may be filled in the same manner as the original appointment. b) The Mayor shall, subject to confirmation by the City Council, appoint a City collector who shall hold office for three years from February 1 and until a successor is appointed and qualified. A vacancy in such office may be filled in the same manner as the original appointment." C) Amend Section 2-447 by deleting the phrase "/collector" and the word "future" as they appear in this section. And, further amend Section 447 by deleting in its entirety the following sentence, "The incumbent first deputy collector shall assume the position of asst. treasurer/collector until the term of office of the first deputy collector expires on January 31, 2004." D) Amend Sections 2-448, 2-4507 2-4517 2-4527 2-4537 2-4547 2-455, 2-456(a), 2-457, 2- 458 and 2-459 be deleting the phrase "/collector" as it appears in these sections. E) Amend Section 2-449 be deleting the"P as it appears between the words treasurer and collector and inserting in place thereof the word"and". F) Amend Section 2-456 (b) be deleting the phrase "In addition, he" and inserting in place thereof the following new phrase "The city collector". G) Amend Section 2-460 (a), 2-460 (b), 2-4627 2-4637 2-464, and 2-465 be deleting the phrase "treasurer/" as it appears in these sections. H) Amend Section 2-462 be deleting the phrase "as provided in M.G.L.A. c. 60, s. 23 at a fee of$25.00" and replacing it with the new phrase "at a fee of$50.00 for each single family dwelling and $75.00 for a multi-family dwelling or commercial property." I) Amend Section 2-466 be deleting the "P as it appears between the words "treasurer" and "collector" and inserting in place thereof the following new phrase "and when permitted by law, the collector". Section 2. This Ordinance shall take effect as provided by City Charter. 434 CITY OF SALEM MAY 22, 2008 REGULAR MEETING OF THE CITY COUNCIL #325 —ACCEPT M.G.L. CH. 44, SEC. 53E % , REVOLVING FUND FOR FY09 The following Order was received from the Mayor after the deadline of Tuesday Noon. Councillor Prevey requested and received unanimous consent to suspend the rules to allow the matter to come before the Council. The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance. ORDERED: That the City of Salem vote, pursuant to the provisions of MGL Chapter 44, Section 53E '/2 to authorize the establishment of the revolving funds for FY 2009 as herein described. Expenditures from said funds shall not exceed the amount of funds received in the respective accounts or as authorized as stated, shall come from any funds received by the respective boards for performing services, shall be used solely for the purpose of implementing the programs delineated and shall be approved by a majority vote of any respective boards in accordance with the recommendation of Her Honor the Mayor. FY 2009 Budget Request Maximum Programs& Type of Receipts Authorization Annual Department Fund Name Fund# Purposes Credited for Spending Expenditures Payments for rental of School building by outside Committee and School Building Rental 2601 Building Rental groups Mayor $ 175,000.00 Payments of building School rentals for custodians Committee and School Custodial 2607 Custodial Overtime overtime Mayor $ 80,000.00 Tuition payments for students attending the School Early pre-school program at the Committee and School Childhood 2608 Pre-School Tuition Early Childhood Center Mayor $ 125,000.00 School Purchases of school bus Committee and School School Busing 2614 School Bus pass passes Mayor $ 150,000.00 Tuition payments for School Night School students attending the Committee and School Night School 2620 Tuition night school program Mayor $ 25,000.00 Tuition Payments for students from other Special distrcits attending Special School Education Special Education Education programs in Committee and School Tuition New Tuition Salem Mayor $ 250,000.00 Renovations and Fee charged for pass to Maintenance of use dog park(pooch Recreation Dog Park at Leslie's pass). Twenty-Five Director and Recreation Dog Park 2435 Retreat Park. dollars annually for pass. Mayor $ 5,000.00 To be used for the operation and maintenance of Parking and launch fees Recreation Park&Rec Winter Island and charged at McCabe Director and Recreation Public Access 2452 McCabe Marina Marina&Winter Island Mayor $ 60,000.00 CITY OF SALEM 435 MAY 22, 2008 REGULAR MEETING OF THE CITY COUNCIL FY 2009 Budget Request Maximum Programs& Type of Receipts Authorization Annual Department Fund Name Fund# Purposes Credited for Spending Expenditures Renovations and Recreation Salem Willows Maintenance of Money generated from Director and Recreation Meters 2459 Willows Park. Willows Meters Mayor $ 25,000.00 Fund operational Planning& costs of the Salem Fees received during the Director of Community Salem Ferry Ferry and Blaney off season for use/rent of Planning and Development Operational 2453 Street Dock ferry Mayor $ 8,994.60 New (Replacing Maintenance& Planning& old Custodial Overtime Director of Community Old Town Hall agency for Events at Old Fees Charged for use of Planning and Development Maintenance account) Town Hall Old Town Hall Mayor $ 1,473.30 Training and special equipment R/A Local needed to resopnd Emergency to hazardous Fees charged to persons Planning materials incidents spilling or releasing Fire Chief and Fire Comm 2433 per CH 21 E hazardous materials Mayor $ 20,000.00 Fee charged to Dominion Power Plant to cover OT Confined space costs for Firefighter R/A Confined training for Confined Space Drill Fire Chief and Fire Space Drills 2449 Firefighters. training. Mayor $ 58,000.00 Disposal of hazardous household items Fee charged for each Public Service Sticker picked up and sticker bought for Director and Public Services Program 2455 abandoned. curbside pickup. Mayor $ 15,000.00 FY 2009 Budget Request Maximum Type of Receipts Authorization Annual Department Fund Name Fund# Programs&Purposes Credited for S endin Expenditures #326 — FISCAL YEAR 2009 OPERATING BUDGET The Communication from the Mayor submitting Fiscal Year 2009 Operating Budget was received after the deadline of Tuesday Noon. Councillor Prevey requested and received unanimous consent to suspend the rules to allow the matter to come before the Council. The matter was referred to the Committee on Administration and Finance co-posted with the Committee of the Whole for the first meeting in order to allow for a presentation by the Mayor and Finance Director. 436 CITY OF SALEM MAY 22, 2008 REGULAR MEETING OF THE CITY COUNCIL #327 — INCREASE OF WATER AND SEWER RATES The following Order was received from the Mayor after the deadline of Tuesday Noon. Councillor Prevey requested and received unanimous consent to suspend the rules to allow the matter to come before the Council. The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance co-post with the Committee of the Whole. ORDERED: That effective July 1, 2008, Sewer Rates be increased by 9% That effective July 1, 2009, Sewer Rates be increased by 5% That effective July 1, 2010, Sewer Rates be increased by 5% That effective July 1, 2009, Water Rates be increased by 4% That effective July 1, 2010, Water Rates be increased by 4% #328 — CITY COUNCIL MEETINGS FOR JULY AND AUGUST Councillor Pinto introduced the following Order, which was adopted. ORDERED: That the regular meetings of the City Council, for the months of July and August be combined and held on Thursday, July 17t" 2008. #329 — LIST FROM ALL DEPARTMENTS OF THEIR FEES AND PERMITS Councillor Pelletier introduced the following Order, which was adopted. ORDERED: That the Administration and Finance Committee Chair ask all departments that require permits, to send their list of permits and fees for residents and contractors alike to include Golf, Planning, Zonning, Inspectional Services, Engineering, DPS, Police and Fire. And any other Department that the Clerk deems necessary and said final list be distributed to the Council for their edification. CITY OF SALEM 437 MAY 22, 2008 REGULAR MEETING OF THE CITY COUNCIL #330 —YEAR TO DATE BUDGET REPORT Councillor Prevey introduced the following Order, which was adopted. ORDERED: That the Year to Date Budget Report dated February 29, 2008 be received and placed on file. #331 — REVIEW ORDINANCE PERTAINING TO CARNIVALS, CIRCUSES AND CONCERTS Councillor Lovely introduced the following Order, which was adopted. ORDERED: That Article IV, Carnivals, Circuses, Concerts, Section 6-121 and Section 6-122 be referred to the Committee on Public Health, Safety and Environment for review. #332 — (#268 -#269) - GRANTING LICENSES Councillor O'Keefe 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. PUBLIC GUIDE Joanne McCrea, 386 Essex St. #3, Salem Merrill Kohlhofer, 44 Beaver St., Salem Colleen O'Toole, 7 Union St. #1, Salem Amanda Prouy, 300 Essex St. #9, Salem Katelyn Gordon, 33 Franklin St., Salem TAG DAY S.H.S. Football, Sept. 20, 2008, Oct. 4, 2008 & Nov. 1, 2008 #333 — (#230) — SAW CABLE QUALITY ISSUES Councillor Pelletier offered the following report for the Committee on Government Services. It was voted to accept the report and adopt the recommendation. The Committee on Government Services to whom was referred the matter of SATV cable quality issues, has considered said matter and would recommend that the matter remain in 438 CITY OF SALEM MAY 22, 2008 REGULAR MEETING OF THE CITY COUNCIL committee and be co-posted with the Committee on Ordinances, Licenses and Legal Affairs for further review and to look over the contract with the City Solicitor. Also that the Mayor be asked to consider reappointing Kevin Walker and David Condon to the Cable and Technology Commission. And that the Council recommend to the Mayor to re-establish the Cable Techonology Commission. #334 — SALEM STATE COLLEGE ROAD RACE The request from Salem State College to hold a Road Race and Fun Walk on Saturday, October 4, 2008 at 9.00 AM was granted. #335 —#336 - LIMOUSINE APPLICATIONS AND VEHICLE FOR HIRE OPERATOR LICENSE APPLICATIONS The following licenses applications were granted. LIMOUSINE SGE Car Service, 52 Harbor St., Salem (1 Limo) Munoz Car Service, 46 Peabody St., Salem (1 Limo) VEHICLE FOR HIRE (OPERATORS ONLY) Thomas Vallor, 37 Endicott St., Salem Kyle Desmond, 112 Lowell St., Unit 7, Peabody Ryan Quinn, 41 Linden Rd., Peabody James Breen, 313 Essex St., #304, Salem Joel Caron, 4 Andover St., Salem David Kobzetski, 32 West Ave., Salem Christopher Keefe, 63 Jefferson Ave., Salem Michael Augustin, 105 Congress St., #3, Salem #337 -#339 - CLAIMS The following claims were referred to the Committee on Ordinances, Licenses and Legal Affai rs. Edward David, 402 Mass Ave., Cambridge Charlene Henderson, 117 Lafayette St., #417, Salem CITY OF SALEM 439 MAY 22, 2008 REGULAR MEETING OF THE CITY COUNCIL SUBROGATED Rosencranz & Assoc. (for Jessica Mount), 1 Center Plaza, Suite 220, Boston #340 — BONDS The following Bond was referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved. CONSTABLE Cabot W. Dodge, 44 Nichols St., Swampscott (#280) — SECOND PASSAGE — BOND ORDER —APPR. $12,985,000.00 FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS The matter of second and final passage of a Bond Order, appropriating $12,985,000.00 for several Capital Improvement Projects, was then taken up. The Bond Order was adopted for second and final passage by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Furey, Lovely, McCarthy, O'Keefe, Pelletier, Pinto, Prevey, Ryan, Veno and Sosnowski were recorded as voting in the affirmative. Councillor Sargent was recorded as absent. (#281) — SECOND PASSAGE — BOND ORDER —APPR. $9,500,000.00 REFUNDING The matter of second and final passage of a Bond Order, appropriating not to exceed $9,500,000.00 for the issue of refunding bonds, was then taken up. The Bond Order was adopted for second and final passage by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Furey, Lovely, McCarthy, O'Keefe, Pelletier, Pinto, Prevey, Ryan, Veno and Sosnowski were recorded as voting in the affirmative. Councillor Sargent was recorded as absent. (#282) — SECOND PASSAGE — BOND ORDER —APPR. $1,000,000.00 FOR OPERATING & MAINTAINING THE SCHOOLS FOR FY09 The matter of second and final passage of a Bond Order, appropriating $1,000,000.00 for the operating and maintaining the schools for Fiscal Year 2009, was then taken up. The Bond Order was adopted for second and final passage by a roll call vote of 8 yeas, 0 nays, 1 absent, 2 present. Councillors Furey, Lovely, O'Keefe, Pelletier, Pinto, Prevey, Ryan, and Sosnowski were recorded as voting in the affirmative. Councillor Sargent was recorded as absent. Councillors McCarthy and Veno were recorded as present. 440 CITY OF SALEM MAY 22, 2008 REGULAR MEETING OF THE CITY COUNCIL (#285) — SECOND PASSAGE — ORDINANCE AMENDING COMMERCIAL WATER ACCOUNTS The matter of second and final passage of an Ordinance amending Chapter 46, Section 46- 36 Commercial Water, was then taken up. The Ordinance was adopted for second and final passage. Councillors O'Keefe and Sosnowski were recorded as opposed. (#297A) — SECOND PASSAGE — ORDINANCE AMENDING FORTUNETELLING FAIR LICENSES The matter of second and final passage of an Ordinance amending Chapter 14, Section 14- 38 Fortunetelling Fair Licenses, was then taken up. The Ordinance was adopted for second and final passage. (#297B) — SECOND PASSAGE — ORDINANCE AMENDING FORTUNETELLING, LICENSING BOARD AUTHORIZED TO LICENSE The matter of second and final passage of an Ordinance amending Chapter 14, Section 14- 73 Fortunetelling, Licensing Board authorized to license, was then taken up. The Ordinance was adopted for second and final passage. (#298A) — SECOND PASSAGE — ORDINANCE AMENDING VEHICLES FOR HIRE (TROLLEY'S) The matter of second and final passage of an Ordinance amending Chapter 44, Section 44- 2 Vehicles for Hire, Trolley's, was then taken up. The Ordinance was adopted for second and final passage. (#304A) — SECOND PASSAGE — ORDINANCE AMENDING THE SALARY OF THE CITY COUNCIL The matter of second and final passage of an Ordinance amending Chapter 2, Section 2- 271 Salary of the City Council, was then taken up. The Ordinance was adopted for second and final passage. CITY OF SALEM 441 MAY 22, 2008 REGULAR MEETING OF THE CITY COUNCIL (#304B) — SECOND PASSAGE — ORDINANCE AMENDING THE SALARY OF THE MAYOR The matter of second and final passage of an Ordinance amending Chapter 2, Section 2- 271 Salary of the Mayor, was then taken up. The Ordinance was adopted for second and final passage. On the motion of Councillor McCarthy the meeting adjourned at 8.27 P.M. ATTEST: CHERYL A. LAPOINTE CITY CLERK