MINUTES - Regular - 2/14/2008 CITY OF SALEM 357
FEBRUARY 14, 2008
REGULAR MEETING OF THE CITY COUNCIL
A Regular Meeting of the City Council was held in the Council Chamber on Thursday,
February 14, 2008 at 7.00 P.M., for the purpose of transacting any and all business. Notice of
this meeting was posted on February 8, 2008 at 10.01 A.M.
All Councillors were recorded as present.
Council President Michael Sosnowski presided.
Councillor Veno 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.
#85 — POLE LOCATION SKERRY STREET
A hearing was held on the order of Verizon and Massachusetts Electric for a jointly owned
pole on Skerry Street. Councillor O'Keefe moved that the matter be held until the next meeting of
February 28, 2008. It was so voted.
#86 —APPT. OF JANE SARNOWSKI TO THE COUNCIL ON AGING BOARD OF DIRECTORS
The Mayor's appointment of Jane Sarnowski to serve as a member of the Council on Aging
Board of Directors for a term to expire February 1, 2011 was held until the next meeting of
February 28, 2008 under the rules.
#87 —APPT. OF TIM DOGGETT TO THE PARKING BOARD
The Mayor's appointment of Tim Doggett to serve as a member of the Parking Board for a
term to expire February 1, 2011 was held until the next meeting of February 28, 2008 under the
rules.
358 CITY OF SALEM
FEBRUARY 14, 2008
REGULAR MEETING OF THE CITY COUNCIL
#88 —APPT. OF DARREN AMBLER TO THE PLUMMER HOME FOR BOYS BOARD OF
TRUSTEES
The Mayor's appointment of Darren Ambler to serve as a member of the Plummer Home for
Boys Board of Trustees for a term to expire February 1, 2013 was held until the next meeting of
February 28, 2008 under the rules.
#89 — REAPPT. OF DONALD BATES TO THE BOARD OF ASSESSORS
The Mayor's reappointment of Donald Bates to serve as a member of the Board of
Assessors for a term to expire February 1, 2011 was confirmed by a unanimous roll call vote of 11
yeas, 0 nays, 0 absent. Councillors Furey, Lovely, McCarthy, O'Keefe, Pelletier, Pinto, Prevey,
Ryan, Sargent, Veno and Sosnowski were recorded as voting in the affirmative.
#90 — REAPPT. OF JACK HARRIS TO THE SALEM COMMISSIONON DISABILITIES
The Mayor's reappointment of Jack Harris to serve as a member of the Salem Commission
on Disabilities for a term to expire February 1, 2011 was confirmed by a unanimous roll call vote of
11 yeas, 0 nays, 0 absent. Councillors Furey, Lovely, McCarthy, O'Keefe, Pelletier, Pinto, Prevey,
Ryan, Sargent, Veno and Sosnowski were recorded as voting in the affirmative.
#91 —#92 - CONSTABLES
The Mayor's reappointment of the following to serve as a Constables were received and
placed on file.
James Danforth, 16 Wentworth Dr., Beverly Term to Expire: February 11, 2011
Ana Sanchez, 501 Washington St. #405, Lynn Term to Expire: November 16, 2010
#93 —APPR. TO PUBLIC SERVICES — SEWER FUEL
The following Order recommended by the Mayor, was adopted under suspension of the
rules.
ORDERED: That the sum of One Hundred and Twenty-Five Thousand Dollars
($125,000.00) is hereby appropriated from the "Retained Earnings — Sewer Fund" account to the
"Public Services — Sewer Fuel" account in accordance with the recommendation of Her Honor the
Mayor.
CITY OF SALEM 359
FEBRUARY 14, 2008
REGULAR MEETING OF THE CITY COUNCIL
#94 —APPR. TO PUBLIC SERVICES —WATER FUEL
The following Order recommended by the Mayor, was adopted under suspension of the
rules.
ORDERED: That the sum of One Hundred and Twenty-Five Thousand Dollars
($125,000.00) is hereby appropriated from the "Retained Earnings —Water Fund" account to the
"Public Services — Sewer Fuel" account in accordance with the recommendation of Her Honor the
Mayor.
#95 -APPR. FOR REPAIR OF LIBRARY ROOF
The following Order recommended by the Mayor, was adopted under suspension of the
rules by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Furey, Lovely,
McCarthy, O'Keefe, Pelletier, Pinto, Prevey, Ryan, Sargent, Veno and Sosnowski were recorded
as voting in the affirmative.
ORDERED: That the sum of One Hundred Thousand Dollars ($100,000.00) is hereby
appropriated within the "Sale of City Property— Renovations & Repairs" account to be expended
for the City share of grant award for repairing Library roof in accordance with the recommendation
of Her Honor the Mayor.
#96 —APPR. FOR REPAIRS TO THE MUSEUM PLACE & SOUTH HARBOR GARAGE
The following Order recommended by the Mayor, was adopted under suspension of the
rules.
ORDERED: That the sum of Eight Thousand Dollars ($8,000.00) is hereby appropriated in
the "Capital Outlay — Renovations and Repairs" account to be expended for the the repair of lights
and ballasts at Museum Place and South Harbor garages for the Parking Department in
accordance with the recommendation of Her Honor the Mayor.
#97 —APPR. TO GOLF COURSE — CONTRACTED SERVICES
The following Order recommended by the Mayor, was adopted under suspension of the
rules.
ORDERED: That the sum of Five Thousand Dollars ($5,000.00) is hereby appropriated
from the "Receipts Reserved — Golf Course" account to the "Golf Course — Contracted Services"
account in accordance with the recommendation of Her Honor the Mayor.
360 CITY OF SALEM
FEBRUARY 14, 2008
REGULAR MEETING OF THE CITY COUNCIL
#98 —APPR. FOR THE PURCHASE OF A NEW GATE FOR THE CHURCH STREET LOT
The following Order recommended by the Mayor, was adopted under suspension of the
rules.
ORDERED: That the sum of Four Thousand Dollars ($4,000.00) is hereby appropriated
from the "Capital Outlay - Equipment" account to be expended for the purchase of new gate
equipment at the Church Street Lot for the Parking Department in accordance with the
recommendation of Her Honor the Mayor.
#99 — FUNDS FROM THE OFFICE OF THE ATTORNEY GENERAL
The following Order recommended by the Mayor, was adopted by a unanimous roll call vote
of 11 yeas, 0 nays, 0 absent. Councillors Furey, Lovely, McCarthy, O'Keefe, Pelletier, Pinto,
Prevey, Ryan, Sargent, Veno and Sosnowski were recorded as voting in the affirmative.
ORDERED: That the City of Salem accept a cash distribution of residual funds from the
Office of the Attorney General in connection with a 2002 settlement of an antitrust case brought
forth by the Attorney General's Office against certain music companies and retailers. Said funds
shall be used by the Salem Public Library for future music related projects or programs.
#100 — DECLARE SCHOOL SUPPLIES SURPLUS
The following Order recommended by the Mayor, was adopted by a unanimous roll call vote
of 11 yeas, 0 nays, 0 absent. Councillors Furey, Lovely, McCarthy, O'Keefe, Pelletier, Pinto,
Prevey, Ryan, Sargent, Veno and Sosnowski were recorded as voting in the affirmative.
ORDERED: That the enclosed list of school furniture, supplies and equipment, which has
been declared surplus by the Salem School Committee, be donated to a charitable organization.
#101 —APPR. TO PUBLIC SERVICES EQUIPMENT
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 under the rules.
CITY OF SALEM 361
FEBRUARY 14, 2008
REGULAR MEETING OF THE CITY COUNCIL
ORDERED: That the sum of Seventy-Six Thousand One Hundred and Sixteen Dollars
($76,116.00) is hereby appropriated from the "Retained Earnings —Water Fund" account to the
"Public Services — Equipment" account in accordance with the recommendation of Her Honor the
Mayor.
#102 —APPR. TO PUBLIC SERVICES — EQUIPMENT
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 under the rules.
ORDERED: That the sum of Eleven Thousand, Three Hundred and Fifty-Five dollars
($11,355.00) is hereby appropriated from the "Retained Earnings — Sewer Fund" account to the
"Public Services —Equipment" account in accordance with the recommendation of Her Honor the
Mayor.
#103 — RESOLUTION EAGLE SCOUT AWARD TO ALEX BOUCHER
Councillor O'Keefe introduced the following Resolution which was adopted.
RESOLUTION:
WHEREAS: Alex Boucher has achieved the highest rank in Scouting, the "Eagle
Scout"Award; and
WHEREAS: Alex Boucher is a member of Troup 83 in the City of Salem and has
earned 30 merit badges. He has completed 300 hours of community
service which consisted of repairing and painting all of the park benches
and picnic tables at Forest River Park.
WHEREAS: The Salem City Council takes great pride in the accomplishments of the
youth in our community and;
WHEREAS: The City Council acknowledges the high level of commitment and
dedication required of Alex to achieve this honor; and
362 CITY OF SALEM
FEBRUARY 14, 2008
REGULAR MEETING OF THE CITY COUNCIL
WHEREAS: The "Eagle Scout" Award is an honor of which Alex and his family
should be extremely proud.
NOW, THEREFORE, BE IT RESOLVED: That the Salem City Council, on behalf of the
citizens of the City of Salem, congratulates Alex Boucher on his "Eagle Scout" award, and
commend him for his dedication and perseverance.
AND BE IT FURTHER RESOLVED: That the City Council make this Resolution a matter of
record of these proceedings, and that a suitable copy of this Resolution be presented to
Alex Boucher, along with a copy of the City Seal, at his Court of Honor on Saturday,
March 8, 2008.
#104 — RESOLUTION JONATHAN JOAQUIN MARRERO
Councillor McCarthy introduced the following Resolution which was adopted.
RESOLUTION:
WHEREAS: Salem School Student Jonathan Joaquin Marrero freely, willingly and
actively gave of himself to raise funds for the School Department's
Library fund; and
WHEREAS: Jonathan recognized early on, before there were mechanisms in place to
raise funds, the need to give something back to the schools, took on the
challenge; and
WHEREAS: Jonathan inspired others to work with him in his effort to reopen all the
elementary school libraries; and
WHEREAS: Jonathan has shown commitment and dedication to a cause and is an
example to youth throughout the City of Salem; and
WHEREAS: Jonathan and his efforts are an example of the on going and continuing
efforts across the City, we are extremely proud Jonathan is a member of
our community.
NOW, THEREFORE, BE IT RESOLVED: That the Salem City Council, do hereby honor and
recognize Jonathan Joaquin Marrero, for his exceptional example of civic pride, his
dedication to a cause and his true love of libraries and all they represent. On behalf of the
City of Salem, we wish to express our sincere gratitude and our deep appreciation to a
young man who is in every sense of the word an Activist, best wishes for a long and bright
future.
CITY OF SALEM 363
FEBRUARY 14, 2008
REGULAR MEETING OF THE CITY COUNCIL
AND BE IT FURTHER RESOLVED: That the City Council make this Resolution a matter of
record of these proceedings, and that a suitable copy of this Resolution be presented to
Jonathan Joaquin Marrero, along with a copy of the City Seal.
#105 —YEAR TO DATE BUDGET REPORT
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: That the year to Date Budget Report dated January 31, 2008 be received and
placed on file.
#106 — FINANCIAL REPORT OF DECEMBER 31, 2007
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: That the Financial Report dated December 31, 2007, be received and placed
on file.
#107 — RESIDENT STICKER PARKING PROGRAM
Councillor O'Keefe introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to
consider the feasibility of amending the Ordinance to reassign the Resident Sticker Parking
Program from the City Clerks office at 93 Washington Street to the Parking Department located at
New Liberty Street. And that Mr. James Hacker, Parking Director, Mayor or her representative, City
Clerk Cheryl LaPointe be invited by the Committee to discuss the matter.
#108 — GLOBAL WARMING
Councillor Veno introduced the following Order, which was adopted.
ORDERED: That Jeff Barz-Snell of Salem Alliance for the Environment be invited to address
the Committee of Public Health, Safety and Environment co-posted with the Committee of the
Whole to make a presentation on Global Warming, and that members of the Renewable Energy
Task Force be invited to attend.
364 CITY OF SALEM
FEBRUARY 14, 2008
REGULAR MEETING OF THE CITY COUNCIL
#109 — (#12) BUDGET ANALYST
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 a budget analyst position has considered said matter and would recommend that the matter
remain in Committee and a meeting be scheduled for March 19, 2008 at 6.00 PM with Katherine
Griffin, budget analyst from Beverly.
#110 — (#423) PARKING AND TRAFFIC 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 amending an Ordinance pertaining to the Parking and Traffic, has considered said matter and
would recommend this matter be referred to the Committee of the Whole and the Committee on
Ordinances, Licenses and Legal Affairs to hold a meeting on Wednesday, March 5, 2008 at 6.00
PM in the Council Chambers. The following be Invited Robert St. Pierre Chief of Police, Fire Chief
David W. Cody, Lynn Goonin Duncan, Director of Planning, Mayor Driscoll or her representative,
and a representative of the Salem Chamber of Commerce.
#111 — (#11) ACCEPT ACT TO CREATE STABILIZATION FUND FOR RETIRING EMPLOYEES
Councillor Prevey 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 the City
of Salem establish a Stabilization Fund for the funding of retiring city employees, has considered
said matter and would recommend approval.
CITY OF SALEM 365
FEBRUARY 14, 2008
REGULAR MEETING OF THE CITY COUNCIL
#112 — (#76 478) 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.
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 Tim Maguire, 28 High St., Salem
SECOND HAND
VALUABLE Modern Millie Vintage & Consignment, 103 Washington St., Salem
TAG DAY S.H.S. Baseball Boosters, April 5, 2008
S.H.S. Baseball Boosters, May 10, 2008
VFW Post 1524, May 22, 23, 24 & 25, 2008
VFW Post 1524, November 8, 9, 10 & 11, 2008
#113 — (#79) TAXI OPERATOR LICENSE
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.
Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of a
Taxi Operator license has considered said matter and would recommend that the following be
denied:
Ramon Gomez, 260 Washington St., Salem
#114 — (#62) TAX RELIEF FOR SALEM RESIDENT RE: WIND TURBINES
Councillor Lovely offered the following report for the Committee on Public Health, Safety and
Environment. It was voted to accept the report and adopt the recommendation.
Committee on Public Health, Safety and Environment to whom was referred the matter of
rate relief for Salem residents if wind turbines are erected, has considered said matter and would
recommend that the matter remain in Committee for further review.
366 CITY OF SALEM
FEBRUARY 14, 2008
REGULAR MEETING OF THE CITY COUNCIL
#115 — (#61) S.O.D.A.R. DEVICES
Councillor Lovely offered the following report for the Committee of the Whole. It was voted to
accept the report and adopt the recommendation.
Committee of the Whole to whom was referred the matter of the installation of S.O.D.A.R.
devices to measure wind speed, has considered said matter and would recommend that the
installation of the devices be granted with the condition it first pass a trial period to eliminate
neighborhood impact.
#116 - JOINT POLE LOCATION ON MEMORIAL DRIVE
Councillor McCarthy moved that the petition from Verizon and Massachusetts Electric for a
jointly owned pole on Memorial Drive within the same property boundary. It was so voted.
#117 — CONDUIT ON ESSEX STREET
A hearing was ordered for February 28, 2008, on the petition from Comcast to install one
conduit on Essex Street.
#118 — JOINT POLE LOCATION ON DANIELS STREET
A hearing was ordered for February 28, 2008, on the petition from Verizon and
Massachusetts Electric for a jointly owned pole on Daniels Street.
#119 — JOINT POLE LOCATION ON DERBY STREET
A hearing was ordered for February 28, 2008 on the petition from Verizon and
Massachusetts Electric for a jointly owned pole on Derby Street.
#120 — JOINT POLE LOCATION ON WEBB STREET
A hearing was ordered for February 28, 2008 on the petition from Verizon and
Massachusetts Electric for a jointly owned pole on Webb Street.
CITY OF SALEM 367
FEBRUARY 14, 2008
REGULAR MEETING OF THE CITY COUNCIL
#121 -#122 LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses
and Legal Affairs.
SECOND HAND
VALUABLE Game Stop Inc., 450 Highland Ave., Salem
TAG DAY S.H.S. Girls Lacrosse, March 29, 2008 & April 19, 2008
#123 -#125 LICENSE APPLICATIONS
Councillor Pelletier moved that the Limousine license applications be referred to the
Committee on Ordinances, Licenses and Legal Affairs and the Taxi Cab and Taxi Operator
licenses be granted. It was so voted.
LIMOUSINE Tri-City Services, Inc., 55R Walnut St., Peabody (2)
Javier Cab Service, 78 Rainbow Terr., Salem (1)
Salem Car Service, 12 Mt. Vernon St., Salem (1)
Payero Car Service, 10 Irving St., Salem (1)
TAXICAB Tri-City Services, Inc., 55R Walnut St., Peabody (5)
Community Taxi, 27R Caller St., Peabody, (6)
TAXI OPERATOR Elizabeth Mullen, 2 Lowe St. #3, Peabody
Angel Pignataro, 78 Orchard St., Salem
Nelson Martinez, 260 Washington St., Salem
Joseluis Munoz, 10 Porter St. #2, Salem
Jody Bottari, 52 Harbor St., Salem
Alphonse Soltys, 71 Harvest St., Lynn
Dennis Soper, Jr., 38 Grant St., Beverly
Roberto Pacheco, 105 Congress St., Salem
Juan Velez, 197 North St., Salem
Donald Bovio, 145 Lewis St., Lynn
David Abeauchamps, 45 Endicott St., Salem
Dorotea Vicioso, 71 Palmer St., Salem
Scott Boyle, 73 High St., A-2R, Rockport
Wilfredo Badillo, 107 Bridge St., Salem
Roberto Disla, 106 Lafayette St., Salem
Camilo Divanne, 113 Loring Ave., Salem
Larry Davis, 12 Grafton St., Salem
Paul Moore, 14 Foster St., Peabody
368 CITY OF SALEM
FEBRUARY 14, 2008
REGULAR MEETING OF THE CITY COUNCIL
TAXI OPERATORS
CONTINUED Kathleen Batchelder, 33 The Greenway, Swampscott
Rudy Rosario, 12 Mason St., Salem
#126 — DRAINLAYER / CONTRACT OPERATOR LICENSES
The following Drainlayer/Contract Operator License applications were granted.
Ciampa Construction, 36 Dewey St., Saugus
K & B Excavating, 105 Mason St., Salem
Linskey Construction, Inc., 47 Jefferson Ave., Salem
R. DiLisio Co., Inc., 113 Fayette St., Lynn
United Utility Corp., 42 Haverhill Rd., Amesbury
#127 —#130 CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal
Affai rs.
Linwood Balentine, 133 Loring Ave., Salem
Virginia Dolan Horgan, 3 Juniper Lane, Topsfield
SUBROGATED Quinn & Morris (for Mary Lucille Civiello) 141 Tremont St., Boston
Atty. Robert Wise (for Pamela Avallon) 900 Cummings Center, Beverly
#131 — DRAINLAYER BOND
The following Drainlayer Bond was referred to the Committee on Ordinances, Licenses and
Legal Affairs and returned approved.
United Utility Corp., 42 Haverhill Rd., Amesbury
CITY OF SALEM 369
FEBRUARY 14, 2008
REGULAR MEETING OF THE CITY COUNCIL
(#66) — ORDINANCE AMENDING TRAFFIC, HANDICAPPED ZONES LIMITED TIME, MAY
STREET
The matter of second and final passage of an Ordinance amending Traffic, Chapter 42,
Section 50B, Handicapped Zones Limited Time, May Street, was then taken up. The Ordinance
was adopted for second and final passage.
(#67) — ORDINANCE AMENDING TRAFFIC, PARKING TIME LIMITED, BRIDGE STREET
The matter of second and final passage of an Ordinance amending Traffic, Chapter 42,
Section 57A, Parking Time Limited, Bridge Street, was then taken up. The Ordinance was adopted
for second and final passage.
On the motion of Councillor O'Keefe the meeting adjourned at 8.50 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK