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 PersonNameMichael 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 PersonNameMayor’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 PersonNameMayor’s reappointment of Cabot W. Dodge, addressStreetaddressStreet44 Nichols St., Swampscott as a constable with a term to expire: June 13, 2011, was received and placed on file.
#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.
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 $5,000.00”
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:
A) Amend Division 8 title be deleting the “/” 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, 2-450, 2-451, 2-452, 2-453, 2-454, 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”/” 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), 2-462, 2-463, 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 “/” 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.
#325 – ACCEPT M.G.L. CH. 44, SEC. 53E ½ , 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 ½ 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.
Department |
Fund Name |
Fund # |
Programs & Purposes |
Type of Receipts Credited |
Authorization for Spending |
FY 2009 Budget Request Maximum Annual Expenditures |
|
|
|
|
|
|
|
School |
Building Rental |
2601 |
Building Rental |
Payments for rental of building by outside groups |
School Committee and Mayor |
$ 175,000.00 |
School |
Custodial |
2607 |
Custodial Overtime |
Payments of building rentals for custodians overtime |
School Committee and Mayor |
$ 80,000.00 |
School |
Early Childhood |
2608 |
Pre-School Tuition |
Tuition payments for students attending the pre-school program at the Early Childhood Center |
School Committee and Mayor |
$ 125,000.00 |
School |
School Busing |
2614 |
School Bus pass |
Purchases of school bus passes |
School Committee and Mayor |
$ 150,000.00 |
School |
Night School |
2620 |
Night School Tuition |
Tuition payments for students attending the night school program |
School Committee and Mayor |
$ 25,000.00 |
School |
Special Education Tuition |
New |
Special Education Tuition |
Tuition Payments for students from other distrcits attending Special Education programs in Salem |
School Committee and Mayor |
$ 250,000.00 |
Recreation |
Dog Park |
2435 |
Renovations and Maintenance of Dog Park at Leslie's Retreat Park. |
Fee charged for pass to use dog park (pooch pass). Twenty-Five dollars annually for pass. |
Recreation Director and Mayor |
$ 5,000.00 |
Recreation |
Park & Rec Public Access |
2452 |
To be used for the operation and maintenance of Winter Island and McCabe Marina |
Parking and launch fees charged at McCabe Marina & Winter Island |
Recreation Director and Mayor |
$ 60,000.00 |
Department |
Fund Name |
Fund # |
Programs & Purposes |
Type of Receipts Credited |
Authorization for Spending |
FY 2009 Budget Request Maximum Annual Expenditures |
Recreation |
Salem Willows Meters |
2459 |
Renovations and Maintenance of Willows Park. |
Money generated from Willows Meters |
Recreation Director and Mayor |
$ 25,000.00 |
Planning & Community Development |
Salem Ferry Operational |
2453 |
Fund operational costs of the Salem Ferry and Blaney Street Dock |
Fees received during the off season for use/rent of ferry |
Director of Planning and Mayor |
$ 8,994.60 |
Planning & Community Development |
Old Town Hall Maintenance |
New (Replacing old agency account) |
Maintenance & Custodial Overtime for Events at Old Town Hall |
Fees Charged for use of Old Town Hall |
Director of Planning and Mayor |
$ 1,473.30 |
Fire |
R/A Local Emergency Planning Comm |
2433 |
Training and special equipment needed to resopnd to hazardous materials incidents per CH 21E |
Fees charged to persons spilling or releasing hazardous materials |
Fire Chief and Mayor |
$ 20,000.00 |
Fire |
R/A Confined Space Drills |
2449 |
Confined space training for Firefighters. |
Fee charged to Dominion Power Plant to cover OT costs for Firefighter Confined Space Drill training. |
Fire Chief and Mayor |
$ 58,000.00 |
Public Services |
Sticker Program |
2455 |
Disposal of hazardous household items picked up and abandoned. |
Fee charged for each sticker bought for curbside pickup. |
Public Service Director and Mayor |
$ 15,000.00 |
Department |
Fund Name |
Fund # |
Programs & Purposes |
Type of Receipts Credited |
Authorization for Spending |
FY 2009 Budget Request Maximum Annual 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.
#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 17th, 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.
#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) – SATV 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 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 Affairs.
Edward David, 402 Mass Ave., Cambridge
Charlene Henderson, 117 Lafayette St., #417, Salem
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.
(#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.
(#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
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