A Regular Meeting of the City Council was held in the Council Chamber on Thursday,
November 12, 2009 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on November 6, 2009 at 9:34 A.M.
Councillors O’Keefe and Lovely were recorded as absent.
Council President PersonNamePaul Prevey presided.
Councillor Sosnowski 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.
(#566) – POLE LOCATION, ON BROAD STREET
A hearing was held on the Order of Verizon and Massachusetts Electric Company for a jointly owned pole on Broad Street. Appearing in favor was Sabita Mahabier-Sheehy of Verizon and City Electrician John Giardi. There was no one opposed. The hearing was closed. Councillor Pelletier moved that the Order be granted. It was so voted.
#615 – APPT. ALICE WILLIAMS TO THE COUNCIL ON AGING
The Mayor’s appointment of Alice A. Williams to serve as a member of the Council on Aging with a term to expire November 12, 2012, was confirmed by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Veno, Sosnowski, Sargent, Ryan, Pinto, Pelletier, McCarthy, Furey and Prevey were recorded as voting in the affirmative. Councillors O’Keefe and Lovely were recorded as absent. Councillor Furey moved that a letter and City Seal be sent to Frank Cloucher. It was so voted.
Councillor McCarthy requested and received unanimous consent to suspend the rules to allow Ms. Williams to speak.
#616 – APPT. PAMELA GREAVES TO THE COUNCIL ON AGING
The Mayor’s appointment of Pamela Greaves to serve as a member of the Council on Aging with a term to expire November 12, 2012, was confirmed by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Veno, Sosnowski, Sargent, Ryan, Pinto, Pelletier, McCarthy, Furey and Prevey were recorded as voting in the affirmative. Councillors O’Keefe and Lovely were recorded as absent.
Councillor McCarthy requested and received unanimous consent to suspend the rules to allow Ms. Greaves to speak.
absent. Councillor Furey moved that a letter and City Seal be sent to Kathleen Wilkerson. It was so voted.
#617 – APPT. JULIA KNISEL TO THE CONSERVATION COMMISSION
The Mayor’s appointment of Julia Knisel to serve as a member of the Conservation Commission with a term to expire November 12, 2012, was confirmed by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Veno, Sosnowski, Sargent, Ryan, Pinto, Pelletier, McCarthy, Furey and Prevey were recorded as voting in the affirmative. Councillors O’Keefe and Lovely were recorded as absent. Councillor Furey moved that a letter and City Seal be sent to Kevin Cornacchio. It was so voted.
Councillor McCarthy requested and received unanimous consent to suspend the rules to allow Ms. Knisel to speak.
#618 – APPT. HELEN F. SIDES TO THE PLANNING BOARD
The Mayor’s appointment of Helen F. Sides to serve as a member of the Salem Planning Board with a term to expire July 1, 2013, was confirmed by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Veno, Sosnowski, Sargent, Ryan, Pinto, Pelletier, McCarthy, Furey and Prevey were recorded as voting in the affirmative. Councillors O’Keefe and Lovely were recorded as absent. Councillor Furey moved that a letter and City Seal be sent to David Weiner. It was so voted.
Councillor Pelletier requested and received unanimous consent to suspend the rules to allow Ms. Sides to speak.
#619 – APPT. WILLIAM P. GOREHAM TO THE TRUST FUND COMMISSION
The Mayor’s appointment of William P. Goreham to serve as a member of the Trust Fund Commission with a term to expire November 10, 2021, was held until the next meeting of December 3, 2009 under the rules.
#620 – APPR. TO STABILIZATION FUND AND CAPITAL IMPROVEMENT FUND
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Five Hundred and Four Thousand, Four Hundred and Eighty Dollars ($504,480.00) is hereby appropriated from “General Fund Balance – Reserved for Free Cash” account to the following special revenue funds. The amount of free cash to be transferred is 20% of the certified free cash per the City’s Financial Policies and in accordance with the recommendation of Her Honor the Mayor.
Stabilization Fund $252,240.00
Capital Improvement Fund $252,240.00
$504,480.00
#621 – APPR. TO BE EXPENDED FOR THE RETIREMENT OF POLICE CHIEF ST. PIERRE
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Sixty-Seven Thousand Eight Hundred and Eighty-Seven Dollars and Eighty two Cents ($67,887.82) is hereby appropriated within the “Retirement Stabilization Fund-Vacation/Sick Leave Buyback” account to be expended for the retirement buyback for Police Chief Robert M. St. Pierre in accordance with the recommendation of Her Honor the Mayor.
#622 – APPR. TO BE EXPENDED FOR MASONRY REPAIRS TO BATES SCHOOL
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Fifty Thousand Dollars ($50,000.00) is hereby appropriated to the “Capital Outlay – Renovations & Repairs” account to be expended for Masonry repair work at the Bates School in accordance with the recommendation of Her Honor the Mayor.
#623 – APPR. TO PARKING DEPARTMENT – FULL TIME & PART TIME 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-Six Thousand Four Hundred and Twenty-Four Dollars ($46,424.00) is hereby appropriated from the “Fund Balance – Free Cash” account to the accounts listed below in accordance with the recommendation of Her Honor the Mayor.
Parking Dept. – Salaries Full Time $26,000.00
Parking Dept. – Salaries Part Time $20,424.00
$46,424.00
#624 – APPR. TO BE EXPENDED FOR WATER HEATER AT SALEM HIGH SCHOOL
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Thirty-three Thousand Five Hundred Dollars ($33,500.00) is hereby appropriated to the “Capital Outlay – Equipment” account to be expended for the purchase and installation to replace damaged Water Heater at the Salem High School in accordance with the recommendation of Her Honor the Mayor.
#625 – APPR. TO BE EXPENDED FOR SIDEWALKS THROUGHOUT THE CITY OF SALEM
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Twenty-Five Thousand Dollars ($25,000.00) is herby appropriated to the “Capital Outlay – Renovations & Repairs” account to be expended for the installation of sidewalks throughout the city in accordance with the recommendation of Her Honor the Mayor.
#626 – APPR. TO BE EXPENDED FOR PAINTING OF TRAFFIC SIGNALS
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Twenty Thousand Dollars ($20,000.00) is hereby appropriated to the “Capital Outlay – Renovations & Repairs” account to be expended for painting of traffic signals throughout the City in accordance with the recommendation of Her Honor the Mayor.
#627 – APPR. FOR THE RETIREMENT OF POLICE SGT. PETER SHAFFAVAL
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Seventeen Thousand Four Hundred and Fifty-Four Dollars and One Cent ($17,454.01) is hereby appropriated within the “Retirement Stabilization Fund-Vacation/Sick Leave Buyback” account to be expended for the retirement of Police Sergeant Peter Shaffaval in accordance with the recommendation of Her Honor the Mayor.
#628 – APPR. TO BE EXPENDED FOR THE PURCHASE OF SPEED LIMIT RADAR SIGNS
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Ten Thousand Dollars ($10,000.00) is hereby appropriated to the “Capital Outlay – Equipment” account to be expended for the purchase of speed limit radar signs for Engineering and Police Department in accordance with the recommendation of Her Honor the Mayor.
#629 – REVOLVING FUND FOR THE RECREATION DEPARTMENT WINTER ISLAND STORE
The following Order, recommended by the Mayor, was adopted.
ORDERED: That the City of Salem hereby approves the adoption of a Recreation Department Winter Island Store Revolving Fund in accordance with M.G.L. Chapter 44, Section 53E ½ which authorizes special purpose revolving accounts.
#630 – DESIGNATE CITY SOLICITOR AS LIAISON TO THE COMMONWEALTH OF MASSACHUSETTS STATE ETHICS COMMISSION
Received after the deadline of Tuesday noon under suspension of the rules.
The following Order, recommended by the Mayor, was referred to the Committee on Ordinances, Licenses and Legal Affairs.
ORDERED: That the City Solicitor Elizabeth Rennard is hereby designated as the City of Salem’s liaison to the Commonwealth of Massachusetts’ State Ethics Commission, pursuant to Chapter 28 of the Acts of 2009.
#631 – SALEM BECOME A MEMBER OF THE ESSEX NORTH SHORE AGRICULTURAL AND TECHNICAL SCHOOL DISTRICT
Received after the deadline of Tuesday noon under suspension of the rules.
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance co-posted with the Committee of the Whole and that the Superintendent of Schools and School Committee be invited.
ORDERED: That the City of Salem become a member of the Essex North Shore Agricultural and Technical School District (the “District”) in accordance with Chapter 463 of the Acts of 2004 (as amended);
And that the proportioned share of the $133,770,000 estimated construction cost of the Essex North Shore Agricultural Technical High School, will be based on the City of Salem’s projected percentage of enrollment of the proposed Essex North Shore Agricultural and Technical High School, which school facility shall have an anticipated useful life as an educational facility for the instruction of school children for at least 50 years, said construction funds to be expended under the direction of the Essex North Shore Agricultural and Technical School District in accordance with Chapter 463 of the Acts of 2004 (as amended and MGL Chapter 71);
And that City of Salem acknowledges that the Massachusetts School Building Authority’s (“MSBA”) grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any project costs the District incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the District; provided further that any grant that the District may receive from the MSBA for the Project shall be based on a total project budget of $125,000,000 and shall not exceed the lesser of (1) sixty-two percent (62.00%) of eligible, approved project costs as determined by the MSBA, or (2) the total maximum grant amount as determined by the MSBA; and that the amount of borrowing authorized for the District shall be reduced by any grant amount set forth in the Project Funding Agreement
that may be executed between the District and the MSBA;
And further provided that the MSBA’s grant is conditioned upon the election by cities and towns representing at least 75 percent of the October 1, 2004 foundation enrollment of the North Shore Vocational Regional School District to become a member municipality of the District.
#632 – MAYOR’S REQUEST TO ADDRESS THE CITY COUNCIL
Received after the deadline of Tuesday noon under suspension of the rules.
The following request from the Mayor to address the City Council regarding the current fiscal outlook was taken up.
#633 – ORDINANCE TRAFFIC, PARKING TIME LIMITED, OCEAN AVENUE
Councillor Veno introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and nine
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 57A, “Parking Time Limited, Unmetered Zones”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Ocean Avenue, Southerly side from Lafayette Street to the property line of #47 Ocean Avenue, two hour parking 8:00 A.M. to 8:00 P.M., Tuesday through Saturday. “Parking Time Limited, Unmetered Zones”
Section 2. This Ordinance shall take effect as provided by City Charter.
#634 – MONTHLY FINANCIAL REPORT
Councillor Veno introduced the following Order, which was adopted.
ORDERED: That the Monthly Financial Report dated September 30, 2009 be received and placed on file.
#635 – YEAR TO DATE BUDGET REPORT
Councillor Veno introduced the following Order, which was adopted.
ORDERED: That the Year to Date Budget Report dated October 31, 2009, be received and placed on file.
#636 – VETERANS’ MONUMENTS ON CORNER OF PROCTOR ST AND HIGHLAND AVE.
Councillor Veno introduced the following Order, which was adopted.
ORDERED: That the Committee on Government Services co-posted with the Committee of the Whole meet to discuss the relocation of a Veterans Monument located at the corner of Proctor Street and Highland Avenue. And that the following be invited: City Solicitor, Public Works Director, Veterans’ Council, owners of the property, North Shore Medical Center and Thomas Mackey Construction Company.
#637 – AMENDING ORDINANCE FOR ANY MOTION, ORDER OR RESOLUTION THAT MAY IMPACT THE CITY’S BUDGET
Councillor Veno 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 the possibility of amending City Ordinance to require that any motion, order or resolution of the City Council that has the potential to impact the City Budget first be reviewed and approved by the Committee on Administration and Finance.
#638 – REVIEW ALL STIMULUS FUNDS
Councillor Veno introduced the following Order, which was adopted.
ORDERED: That the Committee on Administration and Finance co-posted with the Committee of the Whole meet to discuss the Federal Stimulus Funding, including a review of all stimulus funds received and an accounting of all funds expended.
Be it further ordered that the City Finance Director, Mayor or her representative and the School Business Manager be invited.
#639 – (#596) TRANSFER TO TREASURER-LONG TERM DEBT SERVICE SCHOOL DEFICIT BOND PRINCIPAL
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 a Transfer of $710,000.00 from ”HR – Medical Insurance” to “Treasurer –Long Term Debt Service School Deficit Bond Principal” has considered said matter and would recommend approval.
#640 – PETITION FROM PETER H. VALLIS FOR LICENSE FOR LOT 7 TINKERS ISLAND
The matter of a petition from Peter H. Vallis for a license for lot 7 on Tinkers Island was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole.
#641 – PETITION FROM MANUEL SILVA TO RESUBMIT FOR LICENSE FOR LOT 11 TINKERS ISLAND
The matter of a petition from Manuel Silva resubmitting a license for Lot 11 for Tinkers Island to replace current license request on file was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole.
#642 - #643 – LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
PUBLIC GUIDE Susan Metzger, 25 Shepard St., CityMarblehead
Michael Metzger, addressStreet25 Shepard St., CityMarblehead
Richard Metzger, addressStreet25 Shepard St., CityMarblehead
SECOND HAND
VALUABLE Treasures Over Time, addressStreet139 Washington St., CitySalem
Bernard’s Jewelers, addressStreet179 Essex St., CitySalem
RJ Coins, addressStreet172 Wharf St., CitySalem
#644 - #646 – CLAIMS
The following claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Brooke Morrissey, addressStreetaddressStreet244 High St., Topsfield
Robert Moser, Jr., addressStreetaddressStreet35 ½ Lynn St., CityPeabody
SUBROGATED Attorney David Driscoll (for Stacey Pappas), addressStreetaddressStreet50 Grove St., CitySalem
On the motion of Councillor Veno the meeting adjourned at 9:07 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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