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MINUTES - Regular - 4/10/2008 CITY OF SALEM 395 APRIL 10, 2008 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, April 10, 2008 at 7.00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on April 3, 2008 at 6.27 P.M. All Councillors were present. Council President Michael Sosnowski presided. Councillor Lovely 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. #238 — EXECUTIVE SESSION — TO DISCUSS A WORKMEN'S COMPENSATION CASE SETTLEMENT Councillor Veno moved to take out of order, under Communications from City Officials, a request from Solicitor Elizabeth Rennard, to hold an Executive Session to discuss a workmen's compensation case settlement. It was so voted. Councillor Veno moved that the City Council adjourn to the Council anteroom to hold an executive session, and at the end of the Executive Session, the regular meeting will continue. It was so voted by unanimous roll call vote of 11 Yeas, 0 Nays, 0 Absent. See end of meeting for minutes of Executive Session. Councillor Veno moved that the regular meeting be continued. It was so voted. 396 CITY OF SALEM APRIL 10, 2008 REGULAR MEETING OF THE CITY COUNCIL (#168) —APPT. OF LUCY CORCHADO TO THE AFFORDABLE HOUSING TRUST FUND BOARD OF TRUSTEES Held from the last meeting under the rules the Mayor's appointment of Lucy Corchado to serve as a member of the Affordable Housing Trust Fund Board of Trustees for a term to expire March 1, 2011, was confirmed by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillor McCathy requested and received unanimous consent to suspend the rules to allow Ms. Corchado to speak. #221 — REAPPT. OF ROBERT LUTTS TO THE BOARD OF TRUST FUND COMMISSIONERS The Mayor's reappointment of Robert Lutts to serve as a member of the Board of Trust Fund Commissioners for a term to expire April 1, 2020, was confirmed by a unanimous roll call vote 11 yeas, 0 nays, 0 absent. #222 -#223 CONSTABLES The Mayor's appointment and reappointment of the following to serve as a Constable, was received and placed on file. Neal F. Sullivan, 86 Lenox Rd., Nahant Term to expire: April 7, 2009 Debra M. Ruehrwein, 32 Pine St., Wakefield Term to expire: April 3, 2010 #224 — TRANSFER TO VARIOUS GROUP INSURANCE LINES The following Order, recommended by the Mayor, was adopted. ORDERED: That the sum of Six Thousand Nine Hundred and Forty Seven Dollars and Fourteen Cents ($6,947.14) 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 $300.75 Health Ins $3,631.89 Life Ins 37.14 Dental Ins 299.40 Retirement $2,677.96 Total $6,947.14 CITY OF SALEM 397 APRIL 10, 2008 REGULAR MEETING OF THE CITY COUNCIL #225 — TRANSFER TO VARIOUS ACCOUNTS The following Order, recommended by the Mayor, was adopted. ORDERED: That the sum of Two Thousand Five Hundred and Twenty Dollars ($2,520.00) is hereby transferred from the accounts listed below to the "Electrical — Overtime" account in accordance with the recommendation of Her Honor the Mayor. Street Lighting 100.00 Fire/Mun Signal Maint 1,000.00 Police Detail 520.00 Telephone 900.00 Total 2,520.00 #226 — TRANSFER TO VARIOUS GROUP INSURANCE LINES The following Order, recommended by the Mayor, was adopted. ORDERED: That the sum of Sixty One Dollars and Seventy Three Cents ($61.73) is hereby transferred from the "Receipts Reserved —Witch House" account and appropriated to the following Group Insurance Lines in accordance with the recommendation of Her Honor the Mayor. Ss/Med $61.73 #227 — COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FOR FISCAL YEAR 2009 The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance and co-posted with the Committee of the Whole. Also to be invited is Ms. Lynn Duncan, City Planner and Ms. Jane Guy of Planning. 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, 2008 through June 30, 2009 in the amount of$1,127,314.00. 398 CITY OF SALEM APRIL 10, 2008 REGULAR MEETING OF THE CITY COUNCIL #228 —YEAR TO DATE BUDGET REPORT Councillor Prevey introduced the following Order, which was adopted. ORDERED: That the Year-To-Date Budget Report dated March 31, 2008 be received and placed on file. #229 — CORRESPONDENCE FROM THE MAYOR REGARDING SWAMPSCOTT ROAD LANDFILL CLOSURE AND REDEVELOPMENT Councillor Lovely introduced the following Order, which was adopted. ORDERED: That the Correspondence from Mayor Driscoll dated April 4, 2008 relative to the Swampscott Road Landfill Closure and Redevelopment update, be referred to the Committee on Public Health, Safety and Environment for review of the proposed permitting and construction schedule, specifically the City Council conduct two (2) public hearings. 1) February 28, 2008 — Public Hearing — Never held — hold by mid May 2) June 2008 — Public Hearing — put back on schedule — hold in June #230 — MEET WITH COMCAST & SATV REGARDING SIGNAL QUALITY OF MEETINGS Councillor O'Keefe introduced the following Order, which was adopted. ORDERED: That the Committee on Government Services meet with Comcast Inc. and officials of Salem Access Television to discuss the quality of signal (or lack thereof) from the regular live meetings of the Salem City Council and Salem School Committee. #231 — ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, MONROE ROAD Councillor O'Keefe introduced the following Ordinance, which was adopted for first passage. In the year two thousand and eight An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 50A, "Handicapped Parking" Be it ordained by the City Council of the City of Salem, as follows: CITY OF SALEM 399 APRIL 10, 2008 REGULAR MEETING OF THE CITY COUNCIL Section 1. Monroe Road, northerly side along the salt marsh, for a distance of forty (40) feet, "Handicap Parking, Tow Zone, Two Spaces" Section 2. This Ordinance shall take effect as provided by City Charter. #232 - ORDINANCE AMENDING TRAFFIC, RESIDENT STICKER PARKING, LINCOLN ROAD Councillor O'Keefe introduced the following Ordinance, which was adopted for first passage. In the year two thousand and eight An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 75, "Resident Sticker Parking" Be it ordained by the City Council of the City of Salem, as follows: Section 1. Lincoln Road, Zone B, color red, both sides from Grant Road to Monroe Road, "Resident Sticker Parking, Tow Zone" Section 2. This Ordinance shall take effect as provided by City Charter. #233 - ORDINANCE AMENDING TRAFFIC, STOP SIGN, RAYMOND AVENUE Councillor O'Keefe introduced the following Ordinance, which was adopted for first passage. In the year two thousand and eight An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 49, "Obedience to Isolated Stop Sign" Be it ordained by the City Council of the City of Salem, as follows: Section 1. Raymond Avenue at the intersection with Raymond Road, "Stop Sign" Section 2. This Ordinance shall take effect as provided by City Charter. 400 CITY OF SALEM APRIL 10, 2008 REGULAR MEETING OF THE CITY COUNCIL #234 —ZONING OR CITY ORDINANCE RELATIVE TO WINDMILLS Councillor Sargent introduced the following Order, which was adopted. ORDERED: That the Committee on Community and Economic Development and co-posted with the Committee of the Whole meet to discuss the construction of windmills to see where they fit into our existing Zoning Laws and City Ordinances, to add them to existing zoning laws and/or City Ordinances where necessary or to form a new Zoning Law and/or City Ordinance to regulate the construction of windmills. Invited Renewable Energy Task Force. #235 — 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 that the following be granted. PUBLIC GUIDE Mike Boudo, 16 Cabot St., Salem #236 — 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 two Taxi Operator license applications, has considered said matter and would recommend denial. TAXI OPERATORS Steven Nova, 190 Loring Ave., Salem Jaime Lopez, 34 Hanover St. #6, Lynn CITY OF SALEM 401 APRIL 10, 2008 REGULAR MEETING OF THE CITY COUNCIL #237 — EASEMENT & SALE OF CITY OWNED LAND ON HANSON STREET Councillor Sargent offered the following report of 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 a Conservation Easement and Sale of City owned land on Hanson Street, has considered said matter and would recommend that the matter remain in Committee. #238 — EXECUTIVE SESSION A request from the City Solicitor Elizabeth Rennard to hold an Executive Session on a workmen's compensation settlement, was taken up earlier. #239 — SPECIAL MUNICIPAL EMPLOYEES 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 members of the land use boards and commissions listed below are hereby designated as Special Municipal Employees under the provisions of Massachusetts General Law Chapter 268A. Conservation Commission Design Review Board Historical Commission Planning Board Redevelopment Authority # 240 -#244 LICENSE APPLICATIONS The following licenses applications were referred to the Committee on Ordinances, Licenses and Legal Affairs: PUBLIC GUIDE Brian Donnelly, 300 Essex St., Salem SECOND HAND VALUABLE Cabin Fever, 281 Essex St., Salem 402 CITY OF SALEM APRIL 10, 2008 REGULAR MEETING OF THE CITY COUNCIL TAG DAY S.H.S. Little League, May 17, 2008 & June 14, 2008 TAXI OPERATOR Milciades Pichardo, 146 Lafayette St., Salem VEHICLE FOR HIRE (OPERATORS ONLY) Peter Debnam, 33 Pickman Rd., Salem (for City View Trolley) John R. Nutting, 68 Moffat Rd., Salem (for City View Trolley) #245 — LICENSES The following licenses applications were granted. TAXI OPERATORS Michael Buckley, 14 Mason St., Salem Melissa Cassie, 43 Roslyn St., Salem Emmanuel Baez, 64 '/2 Harbor St., Salem S. Gregory Jamieson, 43 Roslyn St., Salem Junior D. Pena De La Cruz, 56 Palemer St., Salem #246 — DRAINLAYER / CONTRACT OPERATOR The following Drainlayer/ Contract Operator License applications were granted. Mr. Rooter Plumbing, 62 Jefferson Ave., Salem #247 -#248 BONDS The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved. CONSTABLE: Neal F. Sullivan, 86 Lenox Rd., Nahant SIGN: Jeffrey M. Casiglia, DMD, DMS, 398 Essex St., Salem CITY OF SALEM 403 APRIL 10, 2008 REGULAR MEETING OF THE CITY COUNCIL (#194) - ORDINANCE AMENDING DOG PARK TAG FEES The matter of second and final passage of an Ordinance amending, Chapter 26, Section 104, Dog Park Tag Fees, was then taken up. The Ordinance was adopted for second and final passage. (#198) — ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING LIMITED TIME, BOSTON STREET The matter of second and final passage of an Ordinance amending Traffic, Handicap Parking Limited Time, Boston 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 7.55 P.M. ATTEST: CHERYL A. LAPOINTE CITY CLERK