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MINUTES - Regular - 5/26/2011 156 CITY OF SALEM MAY 26, 2011 REGULAR MEETING OF THE CITY COUNCIL “Know Your Rights Under the Open Meeting Law, M.G.L. Chapter 39 §23B, and City Ordinance Sections 2-2028 through 2-2033.” A Regular Meeting of the City Council held in the Council Chamber on Thursday, May 26, 2011 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on May 19, 2011 at 5:09 P.M. This meeting is being taped and is live on S.A.T.V. All Councillors were present. Council President Ryan presided. Councillor Prevey moved to dispense with the reading of the record of the previous meeting. It was so voted. President Ryan requested that everyone please rise to recite the Pledge of Allegiance. THERE WAS NO PUBLIC TESTIMONY (#209) – APPOINTMENT OF JULIE CARVER TO COUNCIL ON AGING Held from the last meeting the Mayor’s appointment of Julie Carver to serve as a member of the Council on Aging with a term to expire on April 1, 2014, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. #343 – REVOLVING ACCOUNT The following order recommended by the Mayor, was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Sosnowski, Sargent, Ronan, Prevey, Pinto, Pelletier, O’Keefe, McCarthy, Lovely, Furey and Ryan were recorded as voting in the affirmative. 157 CITY OF SALEM MAY 26, 2011 REGULAR MEETING OF THE CITY COUNCIL ORDERED: That the Salem City council vote, pursuant to the provisions of MGL Chapter 44, Section 53E ½ to authorize the establishment of the revolving funds for FY 2012 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 2012 Budget Request AuthorizatiMaximum Fund on for Annual Department Fund Name # Programs & Purposes Type of Receipts Credited Spending Expenditures Training and special R/A Local equipment needed to Emergency resopnd to hazardous Fees charged to persons Planning materials incidents per CH spilling or releasing Fire Chief Fire Comm 2433 21E hazardous materials and Mayor $ 20,000.00 Fee charged to Dominion Power Plant to cover OT R/A Confined Confined space training for costs for Firefighter Confined Fire Chief Fire Space Drills 2449 Firefighters. Space Drill training. and Mayor $ 58,000.00 To cover expenses for July Funding from RFP's for Special 4th and Haunted services, vendors and Mayor Events 2361 Happenings events. miscellaneous sponsorships. Mayor $ 75,000.00 Fee charged for pass to use Renovations and dog park (pooch pass). Recreation Maintenance of Dog Park Twenty-Five dollars annually Director Recreation Dog Park 2435 at Leslie's Retreat Park. for pass. and Mayor $ 10,000.00 To be used for the operation and maintenance Parking and launch fees Recreation Park & Rec of Winter Island and charged at McCabe Marina Director Recreation Public Access 2452 McCabe Marina & Winter Island and Mayor $ 30,000.00 Salem Renovations and Recreation Willows Maintenance of Willows Money generated from Director Recreation Meters 2459 Park. Willows Meters and Mayor $ 30,000.00 To support Salem Award Twenty-Five cent surcharge Recreation committee and the Salem to tickets beginning in May Director Recreation Witch House 2499 Witch Trial Memorial 2009 and Mayor $ 10,000.00 FY 2012 Budget Request AuthorizatiMaximum Fund on for Annual Department Fund Name # Programs & Purposes Type of Receipts Credited Spending Expenditures 158 CITY OF SALEM MAY 26, 2011 REGULAR MEETING OF THE CITY COUNCIL Planning & Fund operational costs of Director of Community Salem Ferry the Salem Ferry and Fees received during the off Planning Development Operational 2453 Blaney Street Dock season for use/rent of ferry and Mayor $ 40,000.00 To pay for costs of disposal of hazardous items picked up as part of sticker $20.00 fee charged for each Public program, and for sticker bought when Service Public Sticker abandoned pieces picked scheduling a curbside pick Director Services Program 2455 up by this department. up for item disposal. and Mayor $ 25,000.00 Provide for City purchase of environmental items such as recycling bins, recycling toters, rain barrels, composeters, water Fees charged for recycling conservation devises, bins, recycling toters, rain City Environmental ercycling calendar and barrels, composters, water Engineer Engineering Fund 2438 educational material. conservation devices. and Mayor $ 30,000.00 Projects related to City beautification events including Traffic Island, Primarily from: Traffic Island Beautification, and special Sponsorships, Special City events such as Events Revenues, Event and Engineer Engineering Traffic Island 2439 Treemendous Beautification effort sponsors and Mayor $ 25,000.00 Fee charged for testing of Mass DEP required backflow devices and cover backflow testing program to the cost of periodic survey or City Water comply with 310 CMR properties potentially Engineer Engineering Backflow Test 2363 22.22. requiring a device. and Mayor $ 85,000.00 School Building Payments for rental of Committee School Rental 2601 Building Rental/Custodial building by outside groups and Mayor $ 200,000.00 Tuition payments for students attending the pre-School Early school program at the Early Committee School Childhood 2608 Pre-School Tuition Childhood Center and Mayor $ 110,000.00 FY 2012 Budget Request AuthorizatiMaximum Fund on for Annual Department Fund Name # Programs & Purposes Type of Receipts Credited Spending Expenditures School Purchases of school bus Committee School School Busing 2614 School Bus pass passes and Mayor $ 100,000.00 159 CITY OF SALEM MAY 26, 2011 REGULAR MEETING OF THE CITY COUNCIL Tuition payments for School Night/Summer Summer/Night School students attending the night Committee School School 2620 Tuition & summer school programs and Mayor $ 50,000.00 Tuition payments for students from other districts School Special Ed attending Special Ed Committee School Tuition 2627 Special Ed Tuition programs in Salem and Mayor $ 100,000.00 #344 - ACCEPT DONATIONS The following order recommended by the Mayor, was adopted. ORDERED: to accept the following donations in the amount of Thirteen Thousand Dollars ($13,000.00). These funds will be deposited in the Salem Police Department Summer Camp Donation Fund and the Essex County Summer Camp Fund as listed in accordance with the recommendation of Her Honor the Mayor. Salem Five $2,000.00 GE Good Neighbor Fund $5,000.00 Essex District Attorney $5,000.00 Marblehead Police $1,000.00 Total $13,000.00 #345 – WITCHES CUP BIKE RACE SERVE AND CONSUME MALT BEVERAGES ON THE COMMON The following Order recommended by the Mayor, was adopted. ORDERED: That the organizers of the Witches Cup annual bicycle race take place on August 10, 2011 at and around the Salem Common are hereby authorized to utilize a portion of the Salem Common, as described in the organizer’s memorandum dated May 10, 2011 and attached hereto, as a hospitality tent at which the organizers may serve and attendees may consume malt beverages. Authorization is limited to the time and scope of the event as described in the May 10, 2011 memorandum. (memorandum on file in the city clerks office) 160 CITY OF SALEM MAY 26, 2011 REGULAR MEETING OF THE CITY COUNCIL #346 – WITCHES CUP BIKE RACE USE OF STREETS The following request from the Mayor, was adopted. Request approval for the closure of the streets surrounding Washington Square on August 10, 2011 for the Witches Cup bicycle race. #347 – FISCAL YEAR 2012 ANNUAL BUDGET Received after the deadline of Tuesday noon under suspension of the rules. Mayor submitting the Fiscal Year 2012 Budget, was referred to the Committee on Administration and Finance. (Budget on file in the City Clerks Office) #348 – APPROPRIATION TO REDUCE THE GROSS AMOUNT TO BE RAISED FOR FY2012 BUDGET Received after the deadline of Tuesday noon under suspension of the rules. The following request from the Mayor, was referred to the Committee on Administration and Finance. ORDERED: That the sum of Three Hundred and Sixty Thousand Dollars ($360,000.00) is hereby appropriated from the “Retained Earnings – Water Fund” to reduce the gross amount to be raised through water rates to fund the Fiscal Year 2012 Water Enterprise budget, in accordance with the recommendation of Her Honor the Mayor. #349 – APPROPRIATION TO REDUCE THE GROSS AMOUNT TO BE RAISED FOR FY2012 BUDGET Received after the deadline of Tuesday noon under suspension of the rules. The following request from the Mayor, was referred to the Committee on Administration and Finance. ORDERED: That the sum of One Hundred and Forty Eight Thousand Dollars ($148,000.00) is hereby appropriated from the “Retained Earnings – Sewer Fund” to reduce the gross amount to be raised through water rates to fund the Fiscal Year 2012 Sewer Enterprise budget, in accordance with the recommendation of Her Honor the Mayor. 161 CITY OF SALEM MAY 26, 2011 REGULAR MEETING OF THE CITY COUNCIL #350 – YEAR TO DATE FINACIAL REPORT Councillor McCarthy introduced the following Order, which was adopted. ORDERED: That the Year to Date Budget Financial Report dated April 30, 2011 be referred to Committee on Administration & Finance. #351 – MONTHLY FINANCIAL REPORT Councillor McCarthy introduced the following Order, which was adopted. ORDERED: That the Monthly Financial Report dated April 30, 2011 be referred to Committee on Administration & Finance. #352 – NEW PARKING STICKER PROGRAM Councillor Sosnowski introduced the following Order, which was adopted ORDERED: that the Committee on Ordinances, Licenses and Legal Affairs, co-posted with the Committee of the Whole meet to discuss a new parking sticker program #353 – ISSUES REGARDING THE COMPREHENSIVE PARKING PLAN Councillor McCarthy introduced the following Order, which was adopted. ORDERED: That Mr. James Hacker the Director of Parking and the Parking Board meet to address the issues that have arose as a result of the new Comprehensive Parking Plan. And further that they take up the issues identified in the “Parking Lot” specify but not limited to snow emergencies, Haunted Happenings, Tour Bus Parking and Resident Sticker Parking and that they report back to the Committee of the Whole in the month of September 2ith their recommendations. #354 - GRANTING LICENSES Councillor Lovely 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 approval. 162 CITY OF SALEM MAY 26, 2011 REGULAR MEETING OF THE CITY COUNCIL PUBLIC GUIDES Roberta Rimari, 18 Porter St., Beverly Stephen Baglioni, 18 Porter St., Beverly Merrill Kohlhofer, 44 Beaver St., Salem Spencer Riley, 18 Pawtucket Blvd., Tyngsborough Serra Langone, 25 Brookside Ln., Burlington Devin Little, 22 Webb St., Salem TAG DAYS S.H.S. Class of 2012 , July 31, 2011 Salem Legion Baseball, June 25 & 26, #355 – APPROPRIATION TO PUBLIC SERVICES – SEWER FUEL Councillor McCarthy offered the following report for the Committee on Administration. It was voted to accept the report and adopt the recommendation. The Committee on Administration and Finance to whom was referred the matter of an Appropriation of $55,000.00 from “Retained Earnings – Sewer” to “Public Services – Sewer Fuel”, has considered said matter and would recommend approval. #356 - APPROPRIATION TO PUBLIC SERVICES – WATER FUEL Councillor McCarthy offered the following report for the Committee on Administration. It was voted to accept the report and adopt the recommendation. The Committee on Administration and Finance to whom was referred the matter of an Appropriation of $55,000.00 from “Retained Earnings – Water” to “Public Services – Water Fuel”, has considered said matter and would recommend approval. #357 – APPROPRIATION TO RETIREMENT STABILIZATION VACATION/SICK LEAVE BUYBACK FOR JAMES DURKIN Councillor McCarthy offered the following report for the Committee on Administration. It was voted to accept the report and adopt the recommendation. The Committee on Administration and Finance to whom was referred the matter of an Appropriation of $19,584.00 from to Retirement Stabilization Vacation/Sick Leave Buyback to be expended for the retirement of James Durkin an employee from the Electrical Department, has considered said matter and would recommend approval. 163 CITY OF SALEM MAY 26, 2011 REGULAR MEETING OF THE CITY COUNCIL #358 - APPROPRIATION TO HARBORMASTER ELECTRICITY Councillor McCarthy offered the following report for the Committee on Administration. It was voted to accept the report and adopt the recommendation. The Committee on Administration and Finance to whom was referred the matter of an Appropriation of $500.00 to Harbormaster - Electricity, has considered said matter and would recommend approval. #359 - CAPITAL IMPROVEMENT PLAN 2011-2015 Councillor McCarthy offered the following report for the Committee on Administration co- posted with Committee of the Whole. It was voted to accept the report and adopt the recommendation. The Committee on Administration and Finance co-posted with Committee of the Whole to whom was referred the matter of the 2011-2015 Capital Improvement Plan, has considered said matter and would recommend that the capital improvement plan remain in Committee and approve $800,000.00 Bond Order and that the Mayor submit the Bond Order for the next Council meeting. #360 – PROPOSED GAS STATION AT 111 NORTH STREET Councillor Pinto offered the following report for the Committee on Public Health, Safety and Environment co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation. The Committee on Public Health, Safety and Environment co-posted with the Committee of the Whole to whom was referred the matter of the proposed gas station at 111 North Street (Tricket Realty), has considered said matter and would recommend that the meeting be continued on June 13, 2011 at 6:30 P.M. Councillor O’Keefe assumed the Chair. 164 CITY OF SALEM MAY 26, 2011 REGULAR MEETING OF THE CITY COUNCIL #361 – JOINT MEETING WITH THE SCHOOL COMMITTEE REGARDING UPCOMING SCHOOL PROJECTS Councillor Ryan offered the following report for the Committee of the Whole. It was voted to accept the report and adopt the recommendation. The Committee of the Whole to whom was referred the matter of the upcoming school projects for Saltonstall Elementary and Collins Middle School, has considered said matter and would recommend that the matter remain in Committee. Councillor Ryan resumed the Chair. #362 – PETITION FROM COMCAST TO REPAIR UNDERGROUND VAULT ON SUMMER ST. A hearing was ordered for June 9, 2011 on the petition from Comcast to repair an underground vault on Summer Street. #363 – INVITATION TO FIREFIGHTER MEMORIAL SUNDAY The invitation from the Salem Firemen’s Relief Association to attend FireFighter Memorial Sunday on June 12, 2011 at 9:00 A.M. in the Harmony Grove Cemetery in Salem, was received and placed on file. #364 – #365 LICENSE APPLICATIONS The following License applications were referred to the Committee on Ordinances, Licenses and Legal Affairs. PUBLIC GUIDES Urias O’Keefe, 81 Marion St., Lynn Dominic Lavorante, 171 Loring Ave., Salem TAG DAYS S.H.S. Football Cheerleading Boosters, 7/10/11, 7/23/11 & 8/7/11 165 CITY OF SALEM MAY 26, 2011 REGULAR MEETING OF THE CITY COUNCIL #366 - #368 LICENSE APPLICATIONS The following License applications were granted. TAXI OPERATORS Jean Joseph, 117 Lafayette St. #215, Salem William Lafontant, 16 Hathorne St., Salem Barry C. Neely, Jr., 15 Lynde St. C-4, Salem Anibal Nieves, 9 High St., Salem VEHICLE FOR HIRE Salem Trolley, 8 Central St., Salem (6 Trolleys) VEHCILE FOR HIRE Joel Caron, 4 Andover St., Salem OPERATORS ONLY Tammy Harrington, 21 Chase St., Beverly David Butler, 16 Hunt St., Danvers Ronald Olson, 154 Lafayette St., Marblehead Joel Cassidy, 35 March St., Salem Anthony Meneades, 40 Allerton St., Lynn #369 - #371 CLAIMS The following claims were referred to the Committee on Ordinances, Licenses and Legal Affairs. Gerald Wilkens, 9 Herbert St., Salem Angela Morles, 14 Pierce Rd., Watertown Catharine Jordan, 14 Madison St., Lynn (#318) – SECOND PASSAGE ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING REPEAL BUFFUM STREET The matter of second and final passage of an Ordinance amending Traffic, repeal Handicap Parking, Buffum Street, was then taken up. The Ordinance was adopted for second and final passage. On the motion of Councillor Lovely the meeting adjourned at 8:10 P.M. ATTEST: CHERYL A. LAPOINTE CITY CLERK