A Regular Meeting of the City Council was held in the Council Chamber on Thursday, April 9, 2009 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on April 2, 2009 at 6:06 P.M.
Councillor Joan B. Lovely was recorded as absent.
Council President Paul Prevey presided.
Councillor Pinto moved to dispense with the reading of the record of the previous meeting. It was so voted.
President Prevey requested that everyone please rise to recite the Pledge of Allegiance.
Councillor Prevey requested and received unanimous consent to suspend the rules to allow the Mayor to make a presentation regarding Fiscal Year 2009 Analysis of 9c Reductions to the Budget. There were no objections.
Mayor Kimberley Driscoll made a presentation which announced the measures taken to balance this year’s 2009 Fiscal budget due to the shortfall with the City of Salem’s local aid reduction of an estimated amount of $836,000.00. After internal cuts from departmental budgets of $557,500.00 and $67,500 in revenue enhancement left the remaining gap of $211,000.00. Due to 2 employee resignations, 5 full time positions cut, 5 early retirement and not filling 7 vacant positions the gap was filled.
It is estimated that for Fiscal Year 2010 there will be a figure closer to $2.4 million in local aid reduction. We are pursuing a change in employee insurance which can save $1 million.
#169 – APPOINTMENT OF DOLORES NANGLE TO THE COUNCIL ON AGING
Held from the last meeting the Mayor’s appointment of Dolores Nangle to the Council on Aging with a term to expire July 1, 2009, was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Veno, Sosnowski, Sargent, Ryan, Pinto, Pelletier, O’Keefe, McCarthy, Furey and Prevey were recorded as voting in the affirmative. Councillor Lovely was recorded as absent.
Councillor Pelletier requested and received unanimous consent for suspension of the rules to allow Ms. Nangle to speak.
#204 – REAPPT. OF TIMOTHY READY TO THE PLANNING BOARD
The Mayor’s reappointment of Timothy Ready to the Planning Board with a term to expire April 1, 2014 was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Veno, Sosnowski, Sargent, Ryan, Pinto, Pelletier, O’Keefe, McCarthy, Furey and Prevey were recorded as voting in the affirmative. Councillor Lovely was recorded as absent.
#205 - #206 - CONSTABLES
The Mayor’s reappointment of the following to serve as Constables with the following terms to expire was received and placed on file.
Neal Sullivan, 86 Lennox Rd., Nahant Term to Expire: April 7, 2011
Dana Williamson, 501 Boston St., Topsfield Term to Expire: April 18, 2010
#207 – APPR. OF $49,000.00 TO “HR – WORKERS COMPENSATION SALARIES”
The following Order recommended by the Mayor was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Forty-Nine Thousand Dollars ($49,000.00) is hereby appropriated from “Fund Balance Reserved for Appropriations – Free Cash” account to the “Human Resources – Worker’s Compensation Salaries” account in accordance with the recommendation of Her Honor the Mayor
#208 – TRANSFER TO VARIOUS GROUP INSURANCE LINES
The following Order recommended by the Mayor was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Seven Thousand One Hundred and Thirty-three Dollars and Twenty-six Cents ($7,133.26) is hereby transferred from the “Receipts Reserved – Harbormaster “ account and appropriated to the following Group Insurance Lines in accordance with the recommendation of Her Honor the Mayor.
3rd Quarter SS/Med 229.95
Health Ins. 4,777.41
Life Ins. 37.14
Retirement 2,088.76
Total 7,133.26
#209 - TRANSFER TO VARIOUS GROUP INSURANCE LINES
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 Nine Hundred and Seventeen Dollars and Eighteen Cents ($6,917.18) is hereby transferred from the “Receipts Reserved – Golf Course “ account and appropriated to the following Group Insurance Lines in accordance with the recommendation of Her Honor the Mayor.
3rd Quarter SS/Med 313.22
Health Ins. 3,766.50
Life Ins. 37.14
Dental Ins. 314.40
Retirement 2,485.92
Total 6,917.18
#210 - TRANSFER TO VARIOUS GROUP INSURANCE LINES
The following Order recommended by the Mayor was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Fifty-one Dollars and Fifty-five Cents ($51.55) is hereby transferred from the “Receipts Reserved – Witch House“ account and appropriated to the following Group Insurance Line in accordance with the recommendation of Her Honor the Mayor.
3rd Quarter SS/Med 51.55
Total 51.55
#211 – AUTHORIZE SUBMISSION OF HUD APPLICATION FOR COMMUNITY BLOCK GRANT FUNDS
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance and to be reported out by the next regular City Council meeting of April 23, 2009.
ORDERED: That the City Council hereby approves the submittal of the City of Salem’s Application for Federal Assistance to the United States Department of Housing and Urban Development (HUD) for Community Development Block Grant (CDBG) funds for the period of
July 1, 2009 through June 30, 2010 in the amount determined by HUD’s formula entitled allocations ($1,127,314.00).
#212 – YEAR TO DATE BUDGET REPORT
Councillor Veno introduced the following Order, which was adopted.
ORDERED: That the Year to Date Budget Report dated March 31, 2009, be received and placed on file.
#213 – STOP SIGN PARLEE STREET 90 DAY TRIAL PERIOD
Councillor Ryan introduced the following Order, which was adopted.
ORDERED: That a stop sign be placed on the corner of Parlee Street at the intersection with Valley Street for a trial period of 90 days.
#214 – (#147) – ORDINANCE RELATIVE TO TRENCH EXCAVATION
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 an Ordinances relative to Trench Excavation, has considered said matter and would recommend that the matter remain in Committee.
#215 – (#87) – MOTOR VEHICLES BLOCKING ENTRANCE TO 183-183A LAFAYETTE STREET
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 motor vehicles blocking 183 & 183A Lafayette Street while trying to enter 175 Lafayette Street, has considered said matter and would recommend that the matter remain in Committee.
#216 – (#191-196) – GRANTING CERTAIN 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 approval.
PUBLIC GUIDES Roger Watras, 43 Federal St., Salem
Nichole Clarke, 28 Howard St. #2, Salem
Rhys Babiob, 28 Howard St. #2, Salem
SECOND HAND
VALUABLE Life & Death, Museum Place Mall #131, Salem
TAG DAY SHS Concert & Jazz Band, May 16, 2009
VFW Post 1524, May 21-24, 2009
Knights of Columbus, October 9th, 11th & 12th, 2009
VFW Post 1524, November 6-9, 2009
#217 – #217A - (#40) REVIEWING THE SUNSHINE ORDINANCE
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 reviewing the City’s Sunshine Ordinance, has considered said matter and would recommend the Ordinance as submitted be adopted for first passage.
In the year two thousand and Nine
An Ordinance to amend an Ordinance pertaining to public notice and availability of information
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Article XIV of Chapter 2 Data Processing is hereby amended by:
1. Deleting the phrase “Data Processing” as it appears in this Article and replacing it with the phrase “Management Information Systems;” and
2. Deleting sections 2-2027 through and including section 2033 in their entirety and replacing these sections with the following:
“Sec. 2-2027.~ Meeting Calendar.
(a)~~~The city's management information systems (MIS) department or its designee shall maintain a meeting calendar as part of the city's official internet website, publishing the date, time and location of every "open meeting," as defined by Massachusetts General Law c. 39, §§ 23A and 23B, of the city council, city boards, committees and other multiple-member bodies. The meeting calendar and its information about meetings shall be viewable by the public. The administration of the meeting calendar shall be password-protected or otherwise controlled so as to protect the integrity of the information in it. The site shall enable the public to subscribe and un-subscribe, at no charge, to automatic E-mail notification. 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.
(b)~~~The MIS department shall maintain a record of the meeting calendar and all meeting information published through it for at least three years after the date of the meeting. The entire three year history shall be accessible by the public. 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.
Sec. 2-2028.~ Agendas.
(a)~~~Except in the event of an emergency, as defined by the Open Meeting Law, the full agenda or subject matter of every open meeting of the city council, city board, committee or other multiple-member body shall be linked to the meeting 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 article. In the event of such emergency, the agenda for such emergency meeting shall be added to the meeting calendar as soon as practicable. Agendas published in other areas of the website shall be considered "added to" or "published on" the meeting calendar if the agenda is accessible to the public through a website link on the meeting calendar.
(b)~~~If a computer outage or technical problem occurs, the filing of a paper copy with the city clerk shall be deemed compliance with this article. However, all posting required by this article shall be completed within 48 hours of the restoration of the computer system.
Sec. 2-2029.~ Meeting Minutes.
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 meeting calendar, within two business days after the minutes have been approved. Minutes shall be available through links from the meeting calendar for at least three years after they are approved by the board, committee or multiple-member body. The minutes may be removed from the website after such three years period has expired.
Sec. 2-2030.~ Legal Notices.
(a)~~~The MIS department or its designee shall maintain a legal notices section on the city website containing the full text of all legal notices published in the local newspaper. Such legal notices shall be viewable by the public, and shall be included or ordered so as to make them easily available to the public. Each legal notice published on the city website shall also include documentation of what newspaper it was published in and the date of publication.
(b)~~~Such legal notices shall be maintained on the city website for at least three years 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.
Sec. 2-2031.~ City Contracts.
(a)~~~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 two business days 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.
(b)~~~Such documents shall be maintained on the city website and viewable by the public for a period of three years 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.
Sec. 2-2032.~ General Provisions.
(a)~~~Notwithstanding other provisions of this article, this article 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.A. c. 4, § 7(26) and c. 66, § 10.
(b)~~~At the discretion of the MIS department, the full text of documents may be published on the city website in .pdf format, .html 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, .html or .pdf format before they are published on the city website.
(c)~~~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. The full budget with line-item detail shall be viewable by the public on this website.
(d)~~~The district attorney shall, at the request of the city council, enforce any provision of this article in Essex Superior Court or in any other court of competent jurisdiction.”
Section 2. This Ordinance shall take effect as provided by the City Charter.
#218 – (#173) – APPR. OF $23,964.00 TO VARIOUS PURCHASING ACCOUNTS
Councillor Veno offered the following report for the Committee on Administration and Finance. 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 in the amount of $23,964.00 from the Fund Balance Reserved for Appropriation – Free Cash account to the following Purchasing Expense Accounts: $13,164.00 for Advertising and $10,800.00 for Copier Lease, has considered said matter and would recommend approval.
#219 – (#176) – APPR. OF $5,999.00 TO PUBLIC SERVICES – EQUIPMENT
Councillor Veno offered the following report for the Committee on Administration and Finance. 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 in the amount of $5,999.00 from the “Receipts Reserved – Sale of Vaults” account to the “Public Services – Equipment” account, has considered said matter and would recommend approval.
#220 – (#557of 2008) – ORDINANCE RELATIVE TO PARKING METERS
Councillor Sargent offered the following report for the Committee on Community and Economic Development. It was voted to accept the report and adopt the recommendation.
The Committee on Community and Economic Development to whom was referred the matter of an Ordinance relative to Parking Meters, has considered said matter and would recommend adoption for first passage.
In the year two thousand and eight
An Ordinance to amend an ordinance relative to Chapter 42, Division 2. Parking Meters
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Section 56 entitled Zones Established is hereby amended by deleting any reference to parking meters zones established with a “One Hour Limit” or “One Hour Parking” and replacing such with the following:
“Two Hour Limit.”
Section 2. Section 57 entitled Parking Time Limited; Hours of Operation is hereby amended by deleting the phrase “one hour” in the first sentence and replacing such with the following:
“two hours.”
Section 3. Section 63 entitled Fees is hereby amended by deleting the phrase “$0.25 per hour” with the following:
“$0.25 per half hour.”
Section 4. This Ordinance shall take effect as provided by City Charter.
#221 – (#125) – COST SAVING MEASURES REGARDING ASPHALT
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 to the matter of cost saving measures regarding asphalt, filling cracks and rehabbing of manholes and other covers, has considered said matter and would recommend that the matter remain in committee.
#222 – (#119) – CITY SUBMIT FOR FUNDING FOR INFRASTRUCTURE REPAIRS
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 the City submitting for funding for infrastructure repairs from the Federal Government, has considered said matter and would recommend that the matter remain in committee.
#223 – (#118) – STATUS OF STORM WATER PIPES ON STATION & MOFFATT ROAD
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 the status of storm water pipes on Station and Moffatt Road, has considered said matter and would recommend that the matter remain in committee.
#224 – (#117) – STATUS OF BOX CULVERT AT LEGGS HILL ROAD
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 the status of the box culvert at Leggs Hill Road, has considered said matter and would recommend that the matter remain in committee.
#225 – (#113) – REHABBING BARRACKS AT WINTER ISLAND FOR VETERANS
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 the possibility of rehabbing the barracks at Winter Island for the Veterans, has considered said matter and would recommend that the matter remain in committee.
#226 – PETITION REGARDING LEASE FOR LOT 11 AT TINKER’S ISLAND
The petition from Manuel Silva regarding his lease for Lot 11 on Tinker’s Island, was referred to the Committee on Ordinances, Licenses and Legal Affairs.
#227 – TAG DAY APPLICATION
The following license application was referred to the Committee on Ordinances, License and Legal Affairs.
TAG DAY Salem Youth Football, 8/29/09, 9/5/09 & 10/17/09
#228 - #230 – LICENSE APPLICATIONS
The following license applications were granted.
LIMOUSINE NDARYD Transportation, 100 Cummings Ctr #310C, Beverly (1)
Salem Cab Dispatcher Service, 3 Harbor St., Salem (2)
TAXI OPERATORS Douglas Stephens, 9 Park St. #30, Beverly
Betsy McNaughton, 98 Newbury St., Lot 26A, Danvers
Alberto Guerrero, 24 Mason St., Salem
Mark Adams, 59 Goodale St., Peabody
VEHICLE FOR HIRE Frances Rennie, 19 Piedmont St., Salem
OPERATORS ONLY Richard O’Neill, 82 Essex St., Middleton
Peter Debman, 33 Pickman Rd., Salem
Stephen Nadolna, 80 Marlborough Rd., Salem
` Joel Caron, 4 Andover St., Salem
James Breen, 313 Essex St. #304, Salem
Douglas Parker, 7 N. Pine St., Salem
#231 - #232 - CLAIMS
The following claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Kristin Macek, 48 Webb St. #1, Salem
SUBROGATED Walsh & Assoc. (for Madeleine Soferr), 222-224 Essex St., Salem
#233 – BONDS
The following bond was referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
SIGN: Lynde St. Company, Inc., 2 Lynde St., Salem
(#181) – SECOND PASSAGE ORDINANCE AMENDING TRAFFIC, HANDICAPPED ZONE, WASHINGTON STREET
The matter of second and final passage of an Ordinance amending Traffic, Ch. 42, Sec. 50A Handicapped Zones Washington Street, was then taken up. The Ordinance was adopted for second and final passage.
(#182) – SECOND PASSAGE ORDINANCE AMENDING TRAFFIC, PARKING TIME LIMITED LINCOLN ROAD
The matter of second and final passage of an Ordinance amending Traffic, Chapter 42,
Sec. 57A Parking Time Limited, Unmetered Zone, Lincoln Road, was then taken up. The Ordinance was adopted for second and final passage.
(#183) – SECOND PASSAGE ORDINANCE AMENDING TRAFFIC, PARKING TIME LIMITED MONROE ROAD
The matter of second and final passage of an Ordinance amending Traffic, Chapter 42,
Sec. 57A Parking Time Limited, Unmetered Zone, Monroe Road, was then taken up. The Ordinance was adopted for second and final passage.
(#185) – SECOND PASSAGE ORDINANCE AMENDING TRAFFIC, CROMBIE STREET
The matter of second and final passage of an Ordinance amending Traffic, Chapter 42,
Sec. 13 Service Zone, Sec. 51 Parking Prohibited, Sec. 56 Zones Established, Sec. 57A Unmetered Zones, and Sec. 75 Resident Sticker Parking on Crombie Street, was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor Sargent the meeting adjourned at 8:40 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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