City of Salem, MA - MINUTES- 10-28-2010

MINUTES- 10-28-2010

A Regular Meeting of the City Council was held in the Council Chamber on Thursday,

October 28, 2010 at 7:00 P.M., for the purpose of transacting any and all business. Notice of

this meeting was posted on October 22, 2010 at 10:47 A.M. This meeting is being taped and is live on S.A.T.V.

All Councillors were present.

Council President McCarthy presided.

Councillor Furey moved to dispense with the reading of the record of the previous meeting. It was so vote.

President McCarthy requested that everyone please rise to recite the Pledge of Allegiance.

#585 – CONSTABLE

The Mayor’s appointment of Cynthia Bourgeault to serve as a Constable with a term to expire on October 14, 2011, was received and placed on file.

#586 – APPR. VACTION/SICK LEAVE BUYBACK FOR RETIREMENT OF SCHOOL DEPT. EMPLOYEES

The following Order, recommended by the Mayor, was adopted under suspension of the rules.

ORDERED: That the sum of Ninety Thousand, Eight Hundred and Thirty-Seven dollars and Thirty-Six cents ($90,837.36) is hereby appropriated in the “Retirement Stabilization Fund – Vacation/Sick Leave Buyback” to be expended for the retirement buyback for the individuals in the Departments listed below in accordance with the recommendation of Her Honor the Mayor.

Alyce Davis School Dept. $33,846.16

Helen Doherty School Dept. $29,340.80

Cliare Wholley School Dept. $27,650.40

Total $90,837.36

#587 – APPR. VACTION/SICK LEAVE BUYBACK FOR RETIREMENT OF JOHN MENTO

The following Order, recommended by the Mayor, was adopted under suspension of the rules.

ORDERED: That the sum of Thirty-Five Thousand, Eight Hundred and Fifty-One dollars and Forty-seven cents ($35,851.47) is hereby appropriated in the “Retirement Stabilization Fund – Vacation/Sick Leave Buyback” to be expended for the retirement buyback for the individuals in the Departments listed below in accordance with the recommendation of Her Honor the Mayor.

John Mento Fire Department 35,851.47

#588 – EARLY RETIREMENT INCENTIVE PROGRAM

The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance co-posted with the Committee of the Whole.

ORDERED: That the City Council of the City of Salem hereby accepts the proposed Early Retirement Incentive Program attached to this Order, pursuant to the terms of Section 66 of Chapter 188 of the Acts of 2010.

CITY OF SALEM, MASSACHUSETTS

Kimberley Driscoll

Mayor

~~~~~~~~~~~ October 28, 2010

Honorable Salem City Council

Sale City Hall

Salem, MA 01970

Ladies and Gentlemen of the City Council:

~~~~~~~~~~~ Pursuant to the recently adopted Municipal Relief Act, enclosed herewith is a proposed plan that would allow a limited number of City employees to participate in an early retirement program, consistent with Section 66 of Chapter 188 of the Acts of 2010.

~~~~~~~~~~~ The proposed plan, which has been adopted and approved by the Public Employee Retirement Administration Commission (PERAC), would allow up to seven City employees – three in the Police

Department, three in the Fire Department and one in the Date Processing Department – to take advantage of an early retirement program. The legislation allowing communities to offer early retirement has strict limitations on the number of employees that may take advantage of this program and sets restrictions that limit buy back payouts and caps costs of any new hires replacing positions. ~As submitted, the City’s plan would save significant dollars over the next three fiscal years.~ We would like to get this plan approved by the City Council so we can determine, who and how many individuals might be interested in the program.

~~~~~~~~~~~ I ask that you approve this early retirement plan so that the City may move forward with offering early retirement to some of our employees.

Very truly yours,

Kimberley Driscoll

Mayor

City of Salem

Early Retirement Incentive Program (ERIP)

Section 66 of Chapter 188 of the Acts of 2010

The City of Salem hereby submits this plan for adoption of a municipal employee retirement program pursuant to the Section 66 of Chapter 188 of the Acts of 2010.

Plan Participation

The City intends to limit the participation of eligible employees by department. The following departments will be allowed to consider the ERIP:

· Police - three (3) maximum

· Fire – three (3) maximum

· Data Processing – one (1) maximum

Eligible employees within these functions would be given preference based upon seniority within the number of available openings. The City would allow the maximum allowance of 3 years of years and/or service to all who opt into the program. The City does reserve the authority granted under the act to determine which eligible municipal employees may participate based upon operational impacts.

Goals of offering ERIP

The City intends to save operating dollars annually by using the retirements in the following manner:

- For Police and Fire:

o Retirement of senior public safety staff who have maximized their step/grade (salary) and vacation accruals (fringe) to be replace with staff who will earn less salary and accrue less vacation time.

- For Data Processing:

o Retirement of one employee in the Data Processing department will allow for a reduction of 0.5 FTE as well as reorganization of the department with various responsibilities redistributed to other existing personnel and/or contracted services.

Executive Summary

The City requests that PERAC approve our ERI plan as summarized above. Once the plan is approved, it will be submitted to the City Council for their consideration. Upon City Council approval, the plan will be published and made available to the City departments listed for their consideration. I have attached a pro-forma spreadsheet that summarizes the potential savings for the City. (Attachment “A”).

Attachment "A" - Pro-Forma Summary of Savings

FY2011


Employee	Department	Salary	Replacement	Replacement	Savings	Savings %
			Salary	Non-Salary

	Police
#1	Lieutenant	$ 95,000.00	$ -	~	$ 95,000.00	100.00%
#2	Sergeant	$ 85,000.00	$ -	~	$ 85,000.00	100.00%
#3	Patrolman	$ 62,000.00	$ -	~	$ 62,000.00	100.00%

	Sub-total	$ 242,000.00	$ -	$ -	$ 242,000.00	100.00%


	Fire
#1	Deputy Chief	$ 93,000.00	$ 44,682.00	~	$ 48,318.00	51.95%
#2	Captain	$ 83,000.00	$ 44,682.00	~	$ 38,318.00	46.17%
#3	Firefighter 4	$ 63,000.00	$ 44,682.00	~	$ 18,318.00	29.08%

	Sub-total	$ 239,000.00	$ 134,046.00	$ -	$ 104,954.00	43.91%

	Data Processing
#1	Director	$ 67,471.00	$ 15,000.00	$ 15,000.00	$ 37,471.00	55.54%

	Sub-total	$ 67,471.00	$ 15,000.00	$ 15,000.00	$ 37,471.00	55.54%


	Total	$ 548,471.00	$ 149,046.00	$ 15,000.00	$ 384,425.00	70.09%

#589 – REVOLVING ACCOUNT FOR WINTER ISLAND

Councillor Pinto 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 setting up of a revolving account for the maintenance of Winter Island. And invite Doug Bollen Director of Park, Recreation and Community Services and Richard Viscay Finance Director.

#590 – ORDINANCE CHAPTER 2 SECTION 2-278 RELATIVE TO ELECTED OFFICIALS

Councillor Pinto introduced the following Order, which will be held until the next meeting under the rules.

ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole meet to discuss Ordinance Section 2-278 related to Elected Officials having to wait a period of one (1) year after his or her termination or resignation.

Councillors O’Keefe, Pelletier and Furey were recorded as opposed.

#591 – MONTHLY FINANCIAL REPORT

Councillor Prevey introduced the following Order, which was adopted.

ORDERED: That the Monthly Financial Report dated September 30, 2010 be referred to the Committee on Administration and Finance.

#592 – (#575) 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 of the following:

PUBLIC GUIDE Brad Biscornet, 24 Pawtucket Blvd., Tyngsborough

Eastera Phou, 82 Commercial St., Boston

#593 – (#391) NOISE ORDINANCE RELATIVE TO LANDSCAPING EQUIPMENT

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 Noise Ordinance relative to landscaping equipment, has considered said matter and would recommend that the matter be referred to the Solicitor and Health Agent to draft model ordinance and report back to the Committee in two (2) weeks.

#594 – (#468) HOME RULE PETITION FOR ADDITIONAL LIQUOR 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 Home Rule petitions for additional liquor licenses, has considered said matter and would recommend that the matter remain in Committee.

#595 – (#514) SALEM 1692 TOURS

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 petition from Salem 1692 Tours for Street License with stop, has considered said matter and would recommend the following:

1. The tour duration be May 1 through November 1 annually

2. Prepare a more detailed map through Salem

3. Only one bus to start for first year

4. And the matter be referred to Lt. Preczewski of Police Traffic for a Vehicle for Hire Operator license

#596 – (#511A) ORDINANCE RELATIVE TO OPERATING ELECTRONIC PERSONAL ASSISTANCE MOBILITY DEVICES

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 relative to Operating of Electric Personal Assistance Mobility Devices, has considered said matter and would recommend adoption as amended for second and final passage.

In the year two thousand and ten

An Ordinance relative to operating electronic personal assistance mobility devices

Be it ordained by the City Council of the City of Salem, as follows:

Section I. City of Salem Traffic Ordinance Chapter 42, Section 43 No Driving on Sidewalks, paragraph C is hereby amended by adding the phrase “electronic personal assistance mobility device” after the word “pedicab” as it appears in the first sentence of this paragraph.

Section II. City of Salem Traffic Ordinance Chapter 42 is hereby amended by adding a new Section 43A as follows:

“Section 43A. Operation of Electronic Personal Assistance Mobility Devices

A. Definition

“Electronic personal assistance mobility device” means a self-balancing, two non-tandem wheeled device, designed to transport one person, referred to in this section as an “operator”, with an electric propulsion system whose maximum speed on a paved level surface is 12.5 miles per hour or less. Electronic personal assistance mobility devices include devices such as the Segway®, but excludes wheelchairs.

B. Required Equipment

(1) Every operator shall wear a helmet that fits the operator’s head and is secured by straps at all times while operating the electronic personal assistance mobility device and shall meet the standards for helmets established by the American National Standards Institute (ANSI Z 90.4) or subsequent standards or the Snell Memorial Foundation’s 1984 standard for use in bicycling or subsequent standards.

(2) Every operator shall wear a reflective safety vest.

C. Licensing, Training and Insurance

(1) Any person or business utilizing electronic personal assistance mobility devices to conduct tours of the City, referred to in this section as a “tour operator”, shall also be licensed by the City Council as a public guide, as provided in the Code of Ordinances, Section 40-26.

(2) Any tour operator renting electronic personal assistance mobility devices to the public shall ensure that operator has sufficient training to operate the device in a safe manner.

(3) Any tour operator must maintain a liability insurance policy. The terms of the policy shall provide that the insurance company assumes financial responsibility in an amount not less than One Million Dollars ($1,000,000.00) for all damages arising out of bodily injuries to or death of one person and subject to that limit for each person, a total of not less than Two Million Dollars ($2,000,000.00) for all damages arising out of bodily injuries to or death of two or more persons in any one accident; and Property Damage coverage in the amount of not less than One Million Dollars ($1,00,000.00) for all damages to or destruction of property arising out of the operation of an electronic personal assistance mobility device operated by the officers, employees, agents, lessees or customers of the tour operator. Such policy shall name the city as an additional insured. A tour operator shall notify the city clerk, within one business day, of cancellation of their insurance policy.~

(4) No person under the age of 14 and/or less than 100 pounds in weight shall operate an electronic personal assistance mobility device. Children under the age of 16 must be accompanied by a parent.

D. Operating on Sidewalks

(1) Pedestrians shall have the right of way on all sidewalks. The operator of an electronic personal assistive mobility device shall yield to pedestrians in all traffic situations.

(2) The operator of an electronic personal assistive mobility device shall ride at a speed no greater than an ordinary walking speed when on a sidewalk or while entering or exiting a sidewalk, but in no event at a speed greater than 9.5 miles per hour.

(3) The operator of an electronic personal assistive mobility device shall give an audible warning before passing a pedestrian far enough in advance to allow the pedestrian time to react.

(4) No operator shall operate an electronic personal assistive mobility device on a sidewalk or any public property in a manner that endangers or would potentially endanger any person or damage property.

(5) An operator may not park an electronic personal assistance mobility device upon any sidewalk or way in such a manner that obstructs vehicular or pedestrian traffic.

E. Operation Limited to Certain Sidewalks, Districts and Hours

(1) Any tour operator utilizing electronic personal assistance mobility devices shall limit the tour to eight persons including up to two tour guides and shall limit the tour to the sidewalk route designated for electronic personal assistance mobility devices, a copy of which is on file at the office of the City Clerk. Tour operators shall not rent devices for use except as part of a guided tour.

(2) No electronic personal assistance mobility device shall be allowed on any sidewalk in the City’s Central Business District, shown as the B5 district on the City’s Zoning Map, unless a) such operation is part of a tour by a licensed tour operator and on the designated electronic personal assistance mobility device sidewalk route or a route approved by the Police Traffic Division and b) such operation during the month of October is by special permit of the Police Traffic Division.

(3) No electronic personal assistance mobility device shall be operated after dusk and before dawn unless a special permit is granted by the Police Traffic Division.

F. Exception

Nothing in this Section shall preclude a person with a mobility disability to use an electronic personal assistance mobility device for his personal use so long as its operation is in accordance with Paragraph D of this Section.

G. Violation – Penalty.

Any person violating Section 43A shall be fined no more than $50.00 for each offense.”

Section III. Section 43D of Chapter 42, No truck deliveries, shall be re-named as Section 43, paragraph D.

Section IV. This Ordinance shall take effect as provided by City Charter.

#597- #597A (#33, #680) AMEND CITY COUNCIL RULE 28 FOR PUBLIC COMMENT

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 matter was held until the next meeting under the rules.

The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of Amending Rule 28 for Public Comment, has considered said matter and would recommend to approve with positive recommendation of 28C 1-5 and delete 28D and 28E. Amend 5. substitute Council president for presiding officer.

ORDERED: That the rules and Order of the City Council shall be amended by adding the following:

1. inserting the following new paragraph “2. Public Testimony” within Section 28 immediately following the paragraph “1. Reading of the Record” as it appears in this section and re-numbering the subsequent paragraphs of this section accordingly.

2. Inserting a new Section, Section 28C, as follows:

Section 28C. Rules for Testimony During “Public Testimony” Portion of Regular Meetings.

The following rules shall be observed during the “Public Testimony” portion of Regular Meetings of the City Council, as provided for in Section 28 of Appendix A, Rules and Orders of the City Council:

1. Pubic Testimony presented to the City Council shall pertain only to items on the agenda of that day’s Regular Meeting of the City Council. The President may rule out of order any testimony on any other topic.

2. In order to manage Public Testimony in a reasonable amount of time, before opening the Public Testimony portion of the meeting, the President may set a time limit by which each individual presenting testimony must abide.

3. Anyone wishing to present testimony at a City Council meeting must sign a roster and indicate the agenda item upon which they wish to speak. Rosters shall be available in the office of the City Clerk prior to the start of the meeting and in the Council Chamber thirty minutes prior to the start of the meeting. The roster (s) shall be presented to the President of the City Council at the start of the Regular Meeting. Only those individuals whose names appear on the roster may present testimony at the meeting in question.

4. Citizens providing testimony under this section shall be deemed out of order and may have their comment period terminated by the President for any of the following offenses:

a. The use of vulgar, profane, or disrespectful language;

b. Ad hominem or personal attacks on any person, whether a member of the City Council or not;

c. Political speech in support of or in opposition to any candidates for public office in any local, state or federal election; and

d. Failure to direct comments to the President.

5. As the Public Comment period is not a public hearing or a question and answer period, response to questions by citizens will be permitted only at the pleasure of the President on any subject more appropriately addressed in such a hear.

#598 – (#274 & #275) JAHO COFFEE OUTDOOR SEATING LICENSE

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 Jaho Coffee Outdoor Seating license, has considered said matter and would recommend the matter remain in Committee.

#599 – (#563) APPR. TO REPAIR FLOOD DAMAGE TO PARKING GARAGE