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MINUTES - Regular - 2/28/2008 370 CITY OF SALEM FEBRUARY 28, 2008 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, February 28, 2008 at 7.00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on February 21, 2008 at 6.46 P.M. Councillor Lovely was recorded as arriving late at 7.25 P.M. Council President Michael Sosnowski presided. Councillor O'Keefe 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) — HELD JOINT POLE LOCATION ON SKERRY STREET Held from the last meeting on the Order from Verizon and Massachusetts Electric for a jointly owned pole on Skerry Street. Appearing in favor was William McEnany, Right of Way Agent for Verizon. There was no one opposed. The hearing was closed. Councillor O'Keefe moved approval. It was so voted. #132 — CONDUIT LOCATION ON ESSEX STREET A hearing was held on the Order of Comcast for a conduit on Essex Street. Appearing in favor was Tim Broderick of Comcast and Christian Day resident of 18 Oliver Street, Salem and business at 246 Essex Street. There was no one opposed. The hearing was closed. Councillor Pelletier moved approval. It was so voted. #133 — JOINT POLE LOCATION ON DERBY STREET A hearing was held on the Order of Verizon and Massachusetts Electric for a jointly owned pole on Derby Street. Appearing in favor was William McEnany, Right Way of Agent for Verizon. Councillor McCarthy inquired if this pole is replacing the existing pole or is it additional? Mr. McEnany replied it is an additional pole. Councillor McCarthy asked due to the Derby Street entrance to Capt. Dusty's where is this pole going? Mr. McEnany stated on the sidewalk. There was no one opposed. The hearing was closed. Councillor McCarthy moved approval. It was so voted. CITY OF SALEM 371 FEBRUARY 28, 2008 REGULAR MEETING OF THE CITY COUNCIL #134 — JOINT POLE LOCATION ON DANIELS STREET A hearing was held on the Order of Verizon and Massachusetts Electric for a jointly owned pole on Daniels Street. Appearing in favor was William McEnany, Right of Way Agent for Verizon. There was no one opposed. The hearing was closed. Councillor McCarthy moved approval. It was so voted. #135 — RELOCATION JOINT POLE ON WEBB STREET A hearing was held on the Order of Verizon and Massachusetts Electric for a jointly owned pole on Daniels Street. Appearing in favor was William McEnany, Right of Way Agent for Verizon. He stated that they are removing one pole and replacing it with another close to the property for safety reasons. Councillor O'Keefe referred to wording on the request "reasonably straight" and asked Mr. McEnany to make poles straight. Mr. McEnany explained the wording raking and bracing. There was no one opposed. The hearing was closed. Councillor McCarthy moved approval. It was so voted. (#86) —APPT. OF JANE SARNOWSKI TO THE COUNCIL ON AGING BOARD OF DIRECTORS Held from the last meeting 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 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. (#87) —APPT. OF TIM DOGGETT TO THE PARKING BOARD Held from the last meeting 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 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. (#88) —APPT. OF DARREN AMBLER TO THE PLUMMER HOME FOR BOYS BOARD OF TRUSTEES Held from the last meeting 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 confirmed by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Furey, Lovely, 372 CITY OF SALEM FEBRUARY 28, 2008 REGULAR MEETING OF THE CITY COUNCIL McCarthy, O'Keefe, Pelletier, Pinto, Prevey, Ryan, Sargent, Veno and Sosnowski were recorded as voting in the affirmative. #136 — REAPPT. OF BRENDAN WALSH TO PLUMMER HOME FOR BOYS BOARD OF TRUSTEES The Mayor's reappointment of Brendan Walsh to the Plummer Home for Boys Board of Trustees for a term to expire March 1, 2013, 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. #137 — REAPPT. OF DAVID PABICH TO THE CONSERVATION COMMISSION The Mayor's reappointment of David Pabich to serve as a member of the Conservation Commission for a term to expire March 1, 2011. Councillor Pelletier moved to refer the appointment to the Committee on Government Services. It was so voted by a roll call vote of 6 yeas, 5 nays, 0 absent. Councillors Pelletier, Pinto, Prevey, Ryan, Sargent and Sosnowski were recorded as voting in the affirmative. Councillors Furey, Lovely, McCarthy, O'Keefe and Veno were recorded as voting in the negative. #138 - CONSTABLE The Mayor's appointment of the following to serve as a Constable was received and placed on file. Shawn Newton, 35 Raymond Ave., Salem Term to Expire: February 11, 2009 #139 — TRANSFER TO A LIST OF ACCOUNTS PUBLIC PROPERTY The following Order recommended by the Mayor, was adopted. ORDERED: That the sum of Twenty-Two Thousand Dollars ($22,000.00) is hereby transferred from the "Public Property F/T Salaries Line" account to the accounts listed below in accordance with the recommendation of Her Honor the Mayor. Public Property — Electricity $12,000.00 Public Property — Oil Heat $8,000.00 Public Property — In State Travel $1,000.00 Public Property — Bldg Maint. $1,000.00 CITY OF SALEM 373 FEBRUARY 28, 2008 REGULAR MEETING OF THE CITY COUNCIL #140 — TRANSFER TO PUBLIC SERVICES — SEWER VEHICLE REPAIR The following Order recommended by the Mayor, was adopted. ORDERED: That the sum of Eleven Thousand One Hundred And Sixty Dollars ($11,160.00) is hereby transferred from the "Retained Earnings — Sewer Fund" account to "Public Services — Sewer Vehicle Repair" in accordance with the recommendation of Her Honor the Mayor. #141 — TRANSFER TO PUBLIC SERVICES —WATER POLICE DETAIL The following Order recommended by the Mayor, was adopted. ORDERED: That the sum of Four Thousand Dollars ($4,000.00) is hereby transferred from the "Retained Earnings —Water Fund" to "Public Services —Water Police Detail" in accordance with the recommendation of Her Honor the Mayor. #142— TRANSFER TO PUBLIC SERVICES — SEWER POLICE DETAIL The following Order recommended by the Mayor, was adopted. ORDERED: That the sum of Three Thousand Eight Hundred Forty Dollars ($3,840.00) is hereby transferred from the "Retained Earnings — Sewer Fund" to "Public Services — Sewer Police Detail" in accordance with the recommendation of Her Honor the Mayor. #143 - TRANSFER TO ELECTRICAL - OVERTIME The following Order recommended by the Mayor, was adopted. ORDERED: That the sum of Three Thousand Dollars ($3,000.00) is hereby transferred from the "Electrical Fire/Mun Signal Maintenance" to "Electrical - Overtime" in accordance with the recommendation of Her Honor the Mayor. 374 CITY OF SALEM FEBRUARY 28, 2008 REGULAR MEETING OF THE CITY COUNCIL #144 — ESTABLISH REVOLVING FUND ACCOUNT FOR RENEWABLE ENERGY TASK FORCE The following Order recommended by the Mayor, was adopted. ORDER: That the Mayor is hereby authorized to establish a Revolving Fund Account for the City of Salem's Renewable Energy Task Force. #145 —ACT TO CONVEY PARK LAND ON HANSON STREET The following Order recommended by the Mayor, was referred to the Committee on Community and Economic Development and co-posted with the Committee of the Whole and invite the Park and Recreation Commission. ORDER: That the petition to the General Court, accompanied by a bill authorizing the City of Salem to convey certain park land, be filed with an attested copy of this Order be, and hereby is, approved under Clause (1) of Section 8 or Article 2, as amended of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that legislation be adopted as follows, except for editorial changes of form only: AN ACT AUTHORIZING THE CITY OF SALEM TO CONVEY CERTAIN PARK LAND Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: Section 1. The City of Salem, acting by and through its Mayor and City Council, may convey a certain parcel of land acquired for park, recreational and conservation purposes to a first-time homebuyer through a first-time homebuyer lottery. Consideration paid for said parcel shall be set by the Mayor with approval of the City Council. Said parcel is shown as Lot C-1 on a plan of land entitled "Plan of Land, Hanson Street, Salem" dated July 21, 2006 and prepared by North Shore Survey Corporation, which is on file in the office of the City Clerk. Section 2. This act shall take effect upon its passage. #146 — EASEMENT PLAN ENTITLED "PLAN OF LAND HANSON STREET" The following Order recommended by the Mayor, was referred to the Committee on Community and Economic Development and co-posted with the Committee of the Whole and invite the Park and Recreation Commission. CITY OF SALEM 375 FEBRUARY 28, 2008 REGULAR MEETING OF THE CITY COUNCIL ORDERED: That the City Solicitor prepare and record conservation easements preserving the following city owned lots for recreation and open space purposes: Lots 15-0066, 15-0086, 15-0144 and 15-0153 as shown on the City's Assessor's Map and Lots 38 and 39 as shown on a plan entitled "Plan of Land Hanson Street," prepared by North Shore Survey Corporation, dated November 15, 2006. And, be it further ordered that the Mayor is hereby authorized to execute said conservation easements. #147 — TRANSFER TO PUBLIC SERVICES — RENOVATIONS & REPAIRS 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 Thirty-Three Thousand, Ninety-Four Dollars and Four cents ($33,094.04) is hereby transferred from the "Public Services Full-Time Salary" account to the "Public Services Renovations & Repairs" account in accordance with the recommendation of Her Honor the Mayor. #148 — COMMUNICATION FROM THE MAYOR REGARDING FINAL AUDIT OF SCHOOL DEFICIT The following Communication from the Mayor outlining the School Department's final audit by Powers & Sullivan, was referred to the Committee of the Whole and to invite the Mayor, Powers & Sullivan, School Committee, School Business Manager, Finance Director, and the Superintendent of Schools. #149 — MONTHLY FINANCIAL REPORT Councillor Prevey introduced the following Order, which was adopted. ORDERED: That the Monthly Financial Report dated January 31, 2008 be received and placed on file. 376 CITY OF SALEM FEBRUARY 28, 2008 REGULAR MEETING OF THE CITY COUNCIL #150 — (#121, 122) 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: SECOND HAND VALUABLE Game Stop Inc., 450 Highland Ave., Salem TAG DAY S.H.S. Girls Lacrosse, March 29, 2008 & April 19, 2008 #151 — (#123) GRANTING CERTAIN LICENSES (LIMOUSINE) 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 Limousine License applications have considered said matter and would recommend that the following be granted: 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) #152 — (#625) DECLARE TRANSFER STATION SURPLUS 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 by a roll call vote of 7 yeas, 4 nays, 0 absent. Councillor Furey, McCarthy, O'Keefe, Pelletier, Ryan, Sargent and Veno were recorded as voting in the affirmative. Councillor Lovely, Pinto, Prevey and Sosnowski were recorded as voting in the negative. CITY OF SALEM 377 FEBRUARY 28, 2008 REGULAR MEETING OF THE CITY COUNCIL The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of the City Council accept the recommendation of the City Planner and Director of Public Property to declare the City owned parcel at 12 Swampscott Road, Assessor Map 7, Parcel 68, surplus property has considered said matter and would recommend approval. #153 — (#575, 718) UPDATE ON HAUNTED HAPPENINGS EXPENSES / INCOMES & THE SALEM JAIL PROPERTY 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 an update on the Salem Jail property and the Expenses/Incomes for Haunted Happenings has considered said matters and would recommend that the matters remain in Committee and be co- posted with the Committee of the Whole #154 — (#93) APPR. TO PUBLIC SERVICES — SEWER FUEL ACCOUNT 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 an appropriation of$125,000.00 to the "Public Services — Sewer Fuel" account has considered said matter and would recommend approval. #155 — (#101) APPR. TO PUBLIC SERVICES — EQUIPMENT ACCOUNT 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 an appropriation of$76,116.00 to the "Public Services — Equipment" account has considered said matter and would recommend approval. #156 — (#102) APPR. TO PUBLIC SERVICES — EQUIPMENT ACCOUNT Councillor Prevey offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation. 378 CITY OF SALEM FEBRUARY 28, 2008 REGULAR MEETING OF THE CITY COUNCIL The Committee on Administration and Finance to whom was referred the matter of an appropriation of$11,355.00 to the "Public Services — Equipment" account has considered said matter and would recommend approval. #157 — INVITATION FROM THE POLICE DEPARTMENT An invitation from the Salem Police Department inviting the City Council to attend the graduation of the G.R.E.A.T. students on Friday, March 14, 2008 at 9.30 AM, was received and placed on file. #158 — CONDUITS ON CROMBIE STREET A hearing was ordered for March 13, 2008 on the petition from National Grid for six (6) conduits on Crombie Street. #159 — TAG DAY The following Tag Day License application was referred to the Committee on Ordinances, Licenses and Legal Affairs. S.H.S. Boys Lacrosse, March 15, 2008 & April 12, 2008 #160 —#161 - LIMOUSINE & TAXI OPERATOR LICENSE APPLICATIONS The following Limousine and Taxi Operator license applications were granted. LIMOUSINE Briana Trasportation, 17 Ward St. #3-1, Salem (1) TAXI OPERATOR Jason Cacciola, 12 Blaine Ave., Beverly Andrew Tache, 5 Veterans Memorial Dr., Peabody Felix Hernandez, 41 C Walnut St., Peabody #162 — DRAINLAYER / CONTRACT OPERATOR LICENSE APPLICATIONS The following Drainlayer/Contract Operator license applications were granted. Joseph P. Cardillo & Son, Inc., 1 Melvin St., Wakefield Raffaele Construction Corp., 47 Seaview Ave., Nahant CITY OF SALEM 379 FEBRUARY 28, 2008 REGULAR MEETING OF THE CITY COUNCIL #163 — CLAIM The following Claim was referred to the Committee on Ordinances, Licenses and Legal Affai rs. Howard Gerstein, 6 Pocahontas Dr., Peabody #164 -#166 BONDS The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved. CONSTABLE Shawn Newton, 35 Raymond Rd., Salem DRAINLAYER Joseph P. Cardillo & Son, Inc., 1 Melvin St., Wakefield SIGN Christian Day & Leanne Marrama, DBA Hex, 246 Essex St., Salem Salem Five Cent Savings Bank, 71 Washington St., Salem Signatures Apparel, LLC, 181 Essex St., Salem On the motion of Councillor O'Keefe the meeting adjourned at 8.50 P.M. ATTEST: CHERYL A. LAPOINTE CITY CLERK