Loading...
MINUTES - Regular - 7/16/2009 196 CITY OF SALEM JULY 16, 2009 REGULAR CITY COUNCIL MEETING A Regular Meeting of the City Council was held in the Council Chamber on Thursday, July 16, 2009 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on July 10, 2009 at 10:28 A.M. All Councillors present. Council President Paul Prevey presided. Councillor McCarthy 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. Councillor O’Keefe moved to take out of order, under Communications from City Officials, the request from Attorney Elizabeth Rennard, City Solicitor, to hold an Executive Session to discuss a settlement of two court complaints. It was so voted. Councillor O’Keefe moved that the City Council adjourn to the City Council anteroom to hold the Executive Session, and at the end of the Executive Session the regular meeting will continue. It was adopted by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Following the Executive Session Councillor O’Keefe moved that the regular meeting be continued. It was so voted. #393 – POLE RELOCATION ON DALTON PARKWAY An order held from the last meeting from National Grid to relocate a pole on Dalton Parkway was then taken up. Appearing in favor: Sabbita Mahabier-Sheehy, representative from National Grid. Appearing in opposition: Edward Callahan, 7 Stone Street, Beverly, MA stated that he grew up in Salem and trees are a problem. Why move the pole, the lights for the intersection are needed. Lights need to stay close to the intersection for safety. Councillor Pelletier agreed. He made a motion to hold the matter until the September meeting and get input from the City Engineer. 197 CITY OF SALEM JULY 16, 2009 REGULAR CITY COUNCIL MEETING Councillor O’Keefe asked if any customer would be affected by the delay. Ms. Mahabier-Sheehy stated not to her knowledge. On the motion to hold the matter until the September meeting was so voted. (#333) PUBLIC HEARING CONTINUED REVOCATION OF INFLAMMABLE LICENSE FOR 111 NORTH STREET Public Hearing Continued from the meeting of June 11, 2009, for a Revocation of Inflammables License for 111 North Street, owned by Trickett Realty. Councillor O’Keefe assumed the Chair. Councillor Prevey stated nothing has happened to date. The neighbors are dissatisfied and deserve more. The motion is to revoke the inflammable license. This is the Council’s only decision. They (Trickett Realty) violated our ordinance. The building inspector held the occupancy permit. They still went on working on the building. We are trying to get a buffer zone for the neighbors. Mr. Sideropoulos needs to come into compliance. Councillor Pinto stated that he is in support of Councillor Prevey. Nothing has happened to help the neighbors. It’s been too long now. Councillor Furey stated that he agrees with the previous Councillors. Time is on the Council’s side but not for a business man. Councillor Sargent stated revoking the license gives incentive to make things right. It needs to be done as soon as possible. We can stop them from doing business. This gives the owner incentive to get things done. Once things are done we can reinstate the license with some conditions as on the deed as well as on the abutters deeds for a buffer zone. Councillor O’Keefe explained the process for an inflammable license application. The license goes with the land. This revocation will make the Fire Chief have to take action to remove the tanks from the ground per law. There will be court action against the Council because he will be out of business. Councillor Sargent stated this is not a good situation but it was created by the owner not the abutters. There’s been ample time to correct this but nothing has happened. We have to do what’s right. The hearing was then opened to the public for comment. 198 CITY OF SALEM JULY 16, 2009 REGULAR CITY COUNCIL MEETING Pat Morrow resident of 16 Buffum Street lives right behind the property. Trickett Realty disregarded and ruined the neighborhood. She is in favor of revocation. The building inspector Tom St. Pierre didn’t do his job, he should have pulled the building permit. This business needs to do what is right. Patricia DeSantis resident of 16 Buffum Street read her prepared statement. She stated that the landscape plan lacked substance. The building inspector held up the occupancy permit. She went over the 1970 conditions placed on the Shell Oil Company which are still in effect today. Why was the building permit issued? Mr. St. Pierre should explain his actions. The City Council should uphold the 1970 conditions. Beverlie McSwiggin, 30 Japonica Street, she submitted pictures. She is in favor of revoking the license. She asked how did a building permit get granted with no public hearing? She is concerned that he (the owner of the business) will walk away from the project. Jim Treadwell, 36 Felt Street, stated he believes in the Zoning Board of Appeals. They put on conditions, if we disregard the conditions we are not saying much about the enforcement of our laws. He is in favor of revocation. A site plan review may have them sit down and discuss this and agree with the revocation. Helen Papadopoulos, 14 Buffum Street, stated that they have been patient but nothing has happened to resolve the situation. She is in favor of the revocation. She did not want it to reach this level but there is no choice. James Yeannakopoulos, 109 North Street, stated that he fought this battle with Shell gas station. This is a disaster and needs to be improved. What ever the Council can do to help this situation would be appreciated. Opposed: Attorney Correnti, 63 Federal Street, is the representative for Trickett Realty Trust. He thth stated that he met with the building inspector on June 16 and came up with the plan. On June 25 we submitted a revised landscape plan and met with the neighbors and Attorney Grover. On June th 26 we had a conference with the building inspector, Councillor Prevey, neighbors and Attorney th Grove at the site for comment which lead to revised plan #3, which was submitted on July 6 to the building inspector. There are ten changes listed. Since then we have had no response from Attorney Grover or the abutters. Tonight is the first time we are hearing comment. It’s been said that the law has been violated, no such findings have been made. We are concerned for what has occurred and are addressing it. But we have had no feedback. We heard the motion that was made tonight. Minds are made up. Unfortunately we thought we were making strides. To derail the process and revoke the license will not be helpful. Allow the process to go forward. We don’t understand why the Council feels the process is not happening. Councillor Lovely asked does the client have objection to putting things back. Will he do what the neighbors want? 199 CITY OF SALEM JULY 16, 2009 REGULAR CITY COUNCIL MEETING Attorney Correnti stated we thought we were working towards that. Attorney Grover represents six abutters. We have not received comments back. We are following the City’s Tree Warden’s advice. Councillor O’Keefe asked who is the attorney for the abutters? Attorney Correnti answered Attorney Scott Grover. Councillor Pelletier handed to Attorney Correnti a letter from Mr. DeSantis addressing the eleven (11) points. He asked Attorney Correnti if he had seen this letter. Attorney Correnti hasn’t seen the letter before. He stated that he has not dealt with the neighbors directly but through Attorney Scott Grover only. Councillor Pelletier asked if Councillor Prevey ever saw the original building permit. Councillor Prevey responded no. Councillor Pelletier stated moving earth is a separate permit and building inspector could revoke the building permit. Councillor Ryan asked if Attorney Correnti contacted Attorney Grover. He thinks this is a drastic move to revoke the license but what happened on that property was drastic. He stated why shouldn’t the Council revoke the license. Mr. Sideropoulos is dragging his feet. Attorney Correnti stated that if my client was dragging his feet, but he’s not. He has submitted three plans so far. Councillor Ryan stated something has to be done to replace the large trees that were lost. Solicitor Rennard cautioned the Council. What Councillor O’Keefe stated was very real, and revocation is due to hazards of tanks only not landscaping. Councillor Sargent stated the license was granted with conditions because gas station is not allowed by right. The conditions were violated. We met here 5 weeks ago and still nothing has been done since.Trickett should have gotten the message to put things back. How could he not have gotten the message? Councillor Pelletier stated he wants to hear from Attorney Grover. There have been 5 meetings in 5 weeks and it’s still not done yet. We have to give them a chance. We need to hear from Attorney Grover. Helen Papadopoulos spoke, Attorney Grover doesn’t represent all the abutters. She was present at the site meeting. There was a letter that was read to Attorney Correnti and Attorney 200 CITY OF SALEM JULY 16, 2009 REGULAR CITY COUNCIL MEETING Grover and abutters. If you don’t want the license to be revoked can we get the Building Inspector Tom St. Pierre to pull the building permit until he fixes the problem. Attorney Correnti the neighbors are correct. They did have an 11 point letter at the meeting. The points are not unfamiliar to us. Pat Morrow stated can you get the building inspector to pull the building permit. Our neighborhood has been destroyed. Make him fix it. Attorney Scott Grover, 27 Congress St. Salem, requested an opportunity to clarify. He stated he represents some of the abutters. What is missing in the chronology is the 8 months prior to all this, October 2008. Nothing happened until the Council took action in June 2009. We have had meetings, progress has been made, but nothing is done yet. Councillor Sosnowski asked regarding the chronology that was heard and also relative to the 11 points in the letter. Does the final plan come close to satisfying the points? Attorney Grover stated not all agree. The fence has been put in but it’s not 100 % compliant. Councillor Sosnowski asked have you been at the meetings Councillor Prevey, are you satisfied? Councillor Prevey stated no, it’s not lets make a deal. He should find out what the neighbors want and fix it. Councillor Sosnowski stated that he supports Councillor Prevey’s motion to revoke the license. Can we go forward with the revocation? Is this the only way we can do this? Can we do anything without revoking? Councillor O’Keefe asked how are we going to get this done. Attorney Grover stated we’re not arborist we don’t know the solution. Mr. Sideropoulos should hire a landscape architect and it was rejected. Councillor O’Keefe asked would he hire a landscape architect. Attorney Correnti responded we’re under order to submit plans. That’s what we’re working towards. It’s getting attention. Councillor O’Keefe asked when? Attorney Correnti responded we are waiting for comment back. We can’t change our own plans. Councillor Sosnowski stated in June we saw landscape plans. What has changed since? 201 CITY OF SALEM JULY 16, 2009 REGULAR CITY COUNCIL MEETING Attorney Correnti stated we increased the size of the trees. There are 9 new changes. Councillor Sosnowski asked Councillor Prevey if he has seen the revision. Councillor Prevey responded yes. Councillor O’Keefe asked what caliper of trees. Attorney Correnti responded that it is under review of the Building Inspector. Beverlie McSwiggin – 30 Japonica Street, asked how could he get the building permit when he was in violation on the 1970 decision. Attorney Correnti stated the work is being done with the proper permit. Attorney Grover stated there is a valid permit in place but there is a violation of the special permit of 1970. Councillor Lovely asked is a professional architect working on this. Attorney Correnti responded it is his name is Tom Guba Councillor Lovely asked how much longer to negotiate this? How close are we? Revoking has huge implications. Attorney Grover stated that the ball is in our court for a response, 1 week or 2 to submit comments then it’s up to the owner to accept. Councillor Pelletier stated we have to listen to our Solicitor. Revoking the permit won’t get it faster. Councillor Ryan agreed with Councillor Pelletier and Councillor Prevey. We have leverage with the revocation. The goal is to get the neighbors buffer zone back. We should hold off and give them more time. Legal side could set us back. Councillor Sargent asked how much fill has been removed that was put over the original land. Abutters responded none has been removed. Councillor Sargent stated that’s what I see. You have to remove the fill. You can’t plant on that fill. It has to be removed to put things back the way it was. If we revoke the license the tanks aren’t going to be removed tomorrow. We can restore the license before the tanks come out if they restore the landscape. 202 CITY OF SALEM JULY 16, 2009 REGULAR CITY COUNCIL MEETING Councillor Prevey stated remember the last gas station owner, it took months before the tanks were removed. This is extreme but there is no recourse. By revoking it gives the Council involvement to get things done. I represent these people. I have to do something. Councillor O’Keefe reminded the Council that the license goes with the land. Councillor Lovely asked Attorney Grover do you think another week you would have an answer, we’re trying to get a consensus as to how long will it take, until the fall? Attorney Correnti stated once a consensus on the plan is reached the plan needs to be submitted to the building inspector. Once the plan is approved we still need to come back before the Council. Attorney Grover questioned then how long to actually plant? Attorney Correnti responded fall planting season. Councillor Lovely asked when will the business open. Attorney Correnti stated that the building is just four walls, a ceiling and floor. There is now equipment in there. Councillor O’Keefe asked if self service plans have been submitted to the State Fire Marshall. Councillor Lovely asked if landscape plan is holding this up. Attorney Correnti responded yes. Councillor Lovely stated that your client is no in a hurry to open this business. Attorney Correnti stated the tanks are in, the building interior is complete. We need to do the landscaping on the islands it could start immediately in September. Councillor Lovely stated the building permit cannot be revoked by the Council. Only the Board of Appeals can revoke it. Patricia DeSantis resident – 16 Buffum St., stated the latest plan has not come far enough. Jim Treadwell, 36 Felt St., stated the Solicitor indicated the legal ramifications. Councillor Pinto stated that Mrs. DeSantis said the issue here is money. He’s trying to get out cheap. These people deserve more. What’s proposed isn’t enough. 203 CITY OF SALEM JULY 16, 2009 REGULAR CITY COUNCIL MEETING Councillor Pelletier agreed with Councillor Lovely, we should listen to the Solicitor. What would be the incentive if he should sell the property, we should consider another avenue. Just moving the earth is a violation to the building permit. Councillor Ryan asked will your client put back what was there to the satisfaction of the neighbors. Attorney Correnti stated it’s all up to the landscape professional. We can’t put back 40-50 foot trees. They won’t survive. We need to put screening and a buffer. The landscaping will be terraced. Councillor Ryan stated we need to get back screening to alleviate the noise. Attorney Correnti stated that we are committed to a resolve. Councillor Lovely proposed to the Ward 6 Councillor, two or three years ago Trickett came to the Council to increase the inflammable storage, I voted for it. Since progress is being made can we just wait two weeks and have a special meeting to see where they are at, the neighbors have had it. Councillor Prevey stated he appreciated the recommendation but the license needs to be revoked. Councillor Lovely stated she just wanted to have progress. Councillor Furey made a motion to move the question and close the hearing. It was so voted. Councillor O’Keefe moved that the license for the keeping storage and discharge of inflammables on land located at 111 North Street owned by Trickett Realty issued in accordance with the provisions of Massachusetts General Laws Chapter 148, Section 13 is hereby revoked. The motion was adopted by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillor Prevey moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. Councillor Pelletier moved for a three (3) minute recess. It was so voted. 204 CITY OF SALEM JULY 16, 2009 REGULAR CITY COUNCIL MEETING (#394) – APPOINTMENT TO THE BOARD OF HEALTH th Held from the last meeting of June 25, the Mayor’s appointment of Kemith LeBlanc to serve as a member of the Board of Health with a term to expire on July 1, 2012, was referred to the Committee on Public Health, Safety and Environment by a roll call vote of 8 yeas, 3 nays, 0 absent. Councillor Pinto moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. #431 – APPOINTMENT TO THE RENEWABLE ENERGY TASK FORCE The following was received after the deadline of Tuesday noon under suspension of the rules. The Mayor’s appointment of Jenna Ide to serve as a member of the Renewable Energy Task Force with a term to expire February 1, 2010, was confirmed under suspension of the rules by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. #432 - REAPPOINTMENTS TO THE BOARD OF HEALTH The following was received after the deadline of Tuesday noon under suspension of the rules. The Mayor’s reappointment of Martin Fair and Dr. Barbara Poremba to serve as members of the Board of Health with terms to expire on July 1, 2012, was referred to the Committee on Public Health, Safety and Environment by a roll call vote of 9 yeas, 2 nays, 0 absent. Councillors Veno, Sosnowski, Sargent, Ryan, Pinto, Pelletier, McCarthy, Lovely and Prevey were recorded as voting in the affirmative. Councillors O’Keefe and Furey were recorded as voting in the negative. #433 – REAPOINTMENT OF LIAISON TO THE SALEM/BEVERLY WATER BOARD The following was received after the deadline of Tuesday noon under suspension of the rules. The Mayor’s reappointment of David Pabich to serve as the City’s liaison to the Salem/Beverly Water Supply Board with a term to expire July 1, 2012, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. 205 CITY OF SALEM JULY 16, 2009 REGULAR CITY COUNCIL MEETING #434 – REAPPOINTMENT TO PLANNING BOARD The following was received after the deadline of Tuesday noon under suspension of the rules. The Mayor’s reappointment of Timothy Cavanaugh to serve as a member of the Planning Board with a term to expire July 1, 2014, was confirmed. #435 – REAPPOINTMENTS TO THE CONSERVATION COMMISSION The following was received after the deadline of Tuesday noon under suspension of the rules. The Mayor’s reappointment of Michael Blier and Amy Hamilton to serve as members of the Conservation Commission with a term to expire July 1, 2012, was confirmed. #436 – REAPPOINTMENTS TO THE ZONING BOARD OF APPEALS The following was received after the deadline of Tuesday noon under suspension of the rules. The Mayor’s reappointment of Elizabeth Debski and Richard Dionne to serve as members of the Zoning Board of Appeals with a term to expire July 1, 2012, was confirmed by a roll call vote of 10 yeas, 1 nay, 0 absent. Councillors Veno, Sargent, Ryan, Pinto, Pelletier, O’Keefe, McCarthy, Lovely, Furey and Prevey were recorded as voting in the affirmative. Councillor Sosnowski was recorded in the negative. #437 – APPR. TO BE EXPENDED FOR OVERTIME WITHIN THE ELECTRICAL DEPT. The following was received after the deadline of Tuesday noon under suspension of the rules. The following Order, recommended by the Mayor was adopted under suspension of the rules. ORDERED: That the City of Salem hereby requests the appropriation of Forty Thousand Dollars ($40,000.00) for the Electrical Department Offset account, previously established under M.G.L. Chapter 44, Section 53E. This fund will be used to offset the costs of overtime within the Electrical Department with the fees received for alarm calls for FY2010. This fund may be expended for this purpose without further appropriation in accordance with the recommendation of Her Honor the Mayor. 206 CITY OF SALEM JULY 16, 2009 REGULAR CITY COUNCIL MEETING #438 – APPR. TO PUBLIC SERVICES – SEWER EQUIPMENT The following was received after the deadline of Tuesday noon under suspension of the rules. The following Order, recommended by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of Thirty-Five Thousand Dollars ($35,000.00) is hereby appropriated from the “Retained Earnings – Sewer Fund” account to the “Public Services – Sewer Equipment” account in accordance with the recommendation of Her Honor the Mayor. #439 – APPR. TO PUBLIC SERVICES – WATER EQUIPMENT The following was received after the deadline of Tuesday noon under suspension of the rules. The following Order, recommended by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of Thirty-Five Thousand Dollars ($35,000.00) is hereby appropriated from the “Retained Earnings – Water Fund” account to the “Public Services – Water Equipment” account in accordance with the recommendation of Her Honor the Mayor. #440 – APPR. FOR RETIREMENT BUYBACK OF PAUL LEMELIN AND MARK RILEY The following was received after the deadline of Tuesday noon under suspension of the rules. The following Order, recommended by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of Twenty-Six Thousand Four Hundred and Sixty-Two Dollars and Eighty-Seven Cents ($26,462.87) is hereby authorized and appropriated in the accounts listed below 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. Retirement Stabilization Paul Lemelin 11,546.15 Retirement Stabilization Mark Riley 14,916.72 Total 26,462.87 207 CITY OF SALEM JULY 16, 2009 REGULAR CITY COUNCIL MEETING #441 – APPR. FOR RETIREMENT BUYBACK FOR FRANK KULIK The following was received after the deadline of Tuesday noon under suspension of the rules. The following Order, recommended by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of Five Thousand, Five Hundred and Sixty-Nine Dollars and Twenty Cents ($5,569.20) is hereby appropriated in the “Retirement Stabilization Fund- Vacation/Sick Leave Buyback” account to be expended for the retirement buyback for the City Assessor - Frank Kulik in accordance with the recommendation of Her Honor the Mayor. #442 – APPR. TO ELECTRICAL – STREET LIGHTING The following was received after the deadline of Tuesday noon under suspension of the rules. The following Order, recommended by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of Twenty-Four Thousand, Eight Hundred and Seventy-Four Dollars and Three Cents ($24,874.03) is hereby appropriated from the “Fund Balance – Free Cash” account to the “Electrical – Street Lighting” account in accordance with the recommendation of Her Honor the Mayor. #443 – TRANSFER TO VARIOUS ACCOUNTS FOR END OF YEAR BUDGET ADJUSTMENTS The following was received after the deadline of Tuesday noon under suspension of the rules. The following Order, recommended by the Mayor was adopted. ORDERED: That the sum of Ninety-Three Thousand, Fifty-One Dollars and Fifty-Three cents ($93,051.53) is hereby transferred within the accounts listed below in accordance with the recommendation of Her Honor the Mayor. MIS-GIS FT Salaries Edu Training $ .24 Licensing FT Salaries Advertising $ .45 Mayor FT Salaries Other Exp. $ 311.81 208 CITY OF SALEM JULY 16, 2009 REGULAR CITY COUNCIL MEETING Winter Island FT Salaries Electricity $ 316.17 Winter Island Seas. Labor Electricity $ 214.82 Historic Comm. FT Salaries Postage $ 75.39 Pub Prop-Fixed Postage Electricity $3,060.00 Engineering FT Salaries Dues $ 87.07 Purchasing FT Salaries In State Travel $ 2.58 Treasurer Int on BANS NSRV Assmnt $9,762.20 Treasurer Medicare Collective Bargain $5,614.14 Treasurer Medicare PS Salaries FT $46,793.09 Treasurer Medicare NSRV Assmnt $7,000.00 Treasurer Medicare Municipal Ins $7,797.24 reasurer Medicare Fire FT Salaries $10,352.70 DPW-Sewer FT Salaries Electricity $1,663.63 Total $93,051.53 #444 – TRANSFER TO VARIOUS GROUP INSURANCE LINES The following was received after the deadline of Tuesday noon under suspension of the rules. The following Order, recommended by the Mayor was adopted. ORDERED: That the sum of Seven Thousand Four Hundred and Eighty Two Dollars and Sixty Nine Cents ($7,482.69) 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. th 4 Quarter SS/Med 636.73 Health Ins 3,766.50 Life Ins 37.14 209 CITY OF SALEM JULY 16, 2009 REGULAR CITY COUNCIL MEETING Dental Ins 314.40 Retirement 2,727.92 Total 7,482.69 #445 – TRANSFER TO COUNCIL ON AGING – FULL TIME SALARY ACCOUNT The following was received after the deadline of Tuesday noon under suspension of the rules. The following Order, recommended by the Mayor was adopted. ORDERED: That the sum of Five Thousand Five Hundred Dollars ($5,500.00) is hereby transferred from the “Public Services – Full Time Salary” account to the “Council on Aging – Full Time Salary” account in accordance with the recommendation of Her Honor the Mayor. #446 – TRANSFER TO VARIOUS GROUP INSURANCE LINES The following was received after the deadline of Tuesday noon under suspension of the rules. The following Order, recommended by the Mayor was adopted. ORDERED: That the sum of Five Thousand and Forty Eight Dollars and Fifteen Cents ($5,048.15) is hereby transferred from the “Receipts Reserved – Harbormaster” account and appropriated to the following Group Insurance Lines in accordance with the recommendation of Her Honor the Mayor. SS/Med 218.16 Health Ins 3,433.67 Life Ins 18.57 Dental Ins .00 Retirement 1,377.75 Total 5,048.15 210 CITY OF SALEM JULY 16, 2009 REGULAR CITY COUNCIL MEETING #447 – TRANSFER TO VARIOUS GROUP INSURANCE LINES The following was received after the deadline of Tuesday noon under suspension of the rules. The following Order, recommended by the Mayor was adopted. ORDERED: That the sum of One Hundred and Fifty Seven Dollars and Nine Cents ($157.09) 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 157.09 Total 157.09 #448 – ACCEPT DONATION FOR DARE CAMP PROGRAM The following was received after the deadline of Tuesday noon under suspension of the rules. The following Order, recommended by the Mayor was adopted. ORDERED: To accept the donation from the organizations listed below in the amount of Three Thousand Nine Hundred and Ninety-Eight Dollars and Fifty Cents ($3,998.50) to fund the Essex County Summer Camp Program. These funds will be deposited into the Police Department Essex County Summer Camp Donation Fund in accordance with the recommendation of Her Honor the Mayor. Police Town of Danvers $1,000.00 Police City of Lynn Police Dept. $2,998.50 Total $3,998.50 #449 – APPR. TO STABILIZATION FUND The following was received after the deadline of Tuesday noon under suspension of the rules. The following Order, recommended by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of One Hundred Four Thousand, Nine Hundred and Four Dollars and Twenty-Six Cents ($104,904.26) is hereby appropriated from the “Fund Balance – 211 CITY OF SALEM JULY 16, 2009 REGULAR CITY COUNCIL MEETING Reserved for Appropriation – Free Cash” account to the “Stabilization Fund – 8301” in accordance with the recommendation of Her Honor the Mayor. Councillor Pelletier left the Council Chamber. #450 – APPR. TO SOLICITOR – JUDGEMENTS The following was received after the deadline of Tuesday noon under suspension of the rules. The following Order, recommended by the Mayor was not adopted by a roll call vote of 5 yeas, 5 nays, 1 absent. Councillors Sargent, Ryan, O’Keefe, McCarthy and Furey were recorded as voting in the affirmative. Councillors Veno, Sosnowski, Pinto, Lovely and Prevey were recorded as voting in the negative. Councillor Pelletier was recorded as absent. Councillor Veno moved for immediate reconsideration in the hopes it would prevail. The matter was reconsidered. Councillor Pelletier returned to the Chamber. Councillor Veno moved for approval. The matter did not carry by a roll call vote of 5 yeas, 6 nays. 0 absent. Councillors Sargent, Ryan, O’Keefe, McCarthy and Furey were recorded as voting in the affirmative. Councillors Veno, Sosnowski, Pinto, Lovely, Prevey and Pelletier were recorded as voting in the negative. Councillor Pelletier moved for immediate reconsideration. The matter was reconsidered and adopted by a roll call vote of 6 yeas, 5 nays, 0 absent. Councillors Sargent, Ryan, Pelletier, O’Keefe, McCarthy, and Furey were recorded as voting in the affirmative. Councillors Veno, Sosnowski, Pinto, Lovely, and Prevey were recorded as voting in the negative. ORDERED: That the sum of Thirty-Five Thousand Dollars ($35,000.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account to the “Solicitor – Judgements” account in accordance with the recommendation of Her Honor the Mayor. #451 – TRANSFER TO CITY CLERK – FULL TIME SALARIES The following was received after the deadline of Tuesday noon under suspension of the rules. The following Order, recommended by the Mayor was adopted under suspension of the rules. 212 CITY OF SALEM JULY 16, 2009 REGULAR CITY COUNCIL MEETING ORDERED: That the sum of Twenty-Four Thousand Nine Hundred and Sixty-Four Dollars and Thirty-Four Cents ($24,964.34) is hereby transferred from the “Elections & Registration Full- Time Salary” account to the “City Clerks Full Time Salary” account in accordance with the recommendation of Her Honor the Mayor. #452 – NEW NEIGHBORHOOD ADVISORY COMMITTEE FOR WARD 3 MISSION AREA The following was received after the deadline of Tuesday noon under suspension of the rules. A communication from the Mayor informing the Council of a new neighborhood advisory committee for Ward 3 Salem Mission area was received and placed on file. #453 – TAG DAY APPLICATIONS Councillor O’Keefe introduced the following Order which was adopted. ORDERED: That the following enclosed Tag Day applications be granted: Ministerio de Restauracion for July 17, 2009 Salem High School Cross Country Team for July 18, 2009 & August 8, 2009 thth Salem High School Marine Corps JROTC for July 25 and 26, 2009 Franco-American War Vets Post 10, for July 31, 2009 and August 1, 2009 Salem Free Methodist Church, for August 15, 2009 #454 – ORDINANCE, TRAFFIC, HANDICAP PARKING LIMITED TIME, LAFAYETTE STREET Councillor O’Keefe 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 50B, “Handicap Parking, Limited Time” Be it ordained by the City Council of the City of Salem, as follows: Section 1. Lafayette Street, westerly side in a southerly direction, beginning at a point of 460 feet from Loring Avenue, in a southerly direction for 40 feet as marked by signs, “Handicap Parking, Tow Zone” Section 2. This Ordinance shall take effect as provided by City Charter. 213 CITY OF SALEM JULY 16, 2009 REGULAR CITY COUNCIL MEETING #455 – ORDINANCE, TRAFFIC, SERVICE ZONE, LAFAYETTE STREET Councillor O’Keefe 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 13, “Service Zone” Be it ordained by the City Council of the City of Salem, as follows: Section 1. Lafayette Street, in front of #356, the distance located between the two college driveways, Service Zone as marked by signs, Monday through Friday 7:00 A.M. to 5:00 P.M. Section 2. This Ordinance shall take effect as provided by City Charter. #456 – BLOCK PARTY APPLICATION Councillor Ryan introduced the following Order, which was adopted. ORDERED: That the enclosed Block Party Application for the Puritan Road to be held on August 29, 2009 from 1:00 P.M. to Midnight with a rain date of August 30, 2009 be granted #457 – ISSUES REGARDING DOUBLE POLES Councillor Sosnowski introduced the following Order, which was adopted. ORDERED: That the Committee on Government Services meet to discuss the ongoing problem of double poles, and that the following be invited: National Grid – Dave Wendall and Doug Wagner Verizon – Greg Unczer City Electrician – John Giardi Comcast – representative Councillor O’Keefe assumed the Chair. 214 CITY OF SALEM JULY 16, 2009 REGULAR CITY COUNCIL MEETING #458 – STOP SIGNS AT THE INTERSECTION OF MASON, GROVE AND HARMONY GROVE ROAD Councillor Prevey introduced the following Order, which was adopted. ORDERED: That stop signs be placed at the intersections of Mason Street and Grove Street and Harmony Grove Road and Grove Street for a sixty (60) day trial period. Councillor Prevey resumed the Chair. #459 – (#164, #423) – TAXI OPERATOR HEARING REQUEST FOR ROBERT LATULIPPE Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. I 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 taxi operator hearing request for Robert Latulippe, has considered said matter and would recommend that the taxi operator license be granted. #460 – (#147) – ORDINANCE RELATIVE TO TRENCH EXCAVATION Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. I 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 an Ordinance to amend an Ordinance relative to Excavation of Trenches, has considered said matter and would recommend adoption for second and final passage. #461 – (#404) – APPROPRIATION TO ASSESSORS - CONTRACTED SERVICES 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 an appropriation in the amount of $50,000.00 from “Fund Balance Reserved for Appropriation – Free Cash” to “Assessor – Contracted Services”, has considered said matter and would recommend approval. 215 CITY OF SALEM JULY 16, 2009 REGULAR CITY COUNCIL MEETING #462 – (#401) – RECINDING AUTHORIZED BUT UNISSUED DEBT Councillor Veno offered the following report for the Committee on Administration and Finance co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation. The Committee on Administration and Finance to whom was referred the matter of rescinding authorized but unissued debt in the amount of $440,000.00 from the various projects, has considered said matter and would recommend approval. #463 – (#402) – APPROPRIATION TO VARIOUS CAPITAL OUTLAY ACCOUNTS Councillor Veno offered the following report for the Committee on Administration and Finance co-posted with the Committee of the Whole. 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 in the amount of $160,000.00 to various Capital Outlay accounts, has considered said matter and would recommend approval. #464 – (#400) – SECOND PASSAGE BOND ORDER FOR CAPITAL IMPROVEMENTS Councillor Veno offered the following report for the Committee on Administration and Finance co-posted with the Committee of the Whole. 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 Bond Order in the amount of $2,594,000.00 to be appropriated to pay costs of various Capital Improvements, has considered said matter and would recommend second and final passage. #465 – (#422) – STOP SIGNS ON BALCOMB AND OAKLAND STREETS Councillor Sargent offered the following report for 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 stop signs at the intersection of Balcomb and Oakland Streets, has considered said matter and would recommend the following: 1. To keep the Stop signs in place 2. More visible stop signs on Balcomb Street 3. Better and more signage announcing Heavy Vehicles prohibited on Oakland Street 216 CITY OF SALEM JULY 16, 2009 REGULAR CITY COUNCIL MEETING 4. Work with the City of Peabody to get heavy vehicles prohibited from the other end of Oakland Street. 5. Periodic Police presence during peak traffic times. #466 – (#408) – PROPOSED REUSE PROCESS FOR THE COUNCIL ON AGING BUILDING Councillor Sargent offered the following report for the Committee on Community and Economic Development co-posted with the Committee of the Whole. 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 the Mayor’s communication regarding the proposed re-use process for the Council on Aging Building involving the Salem Redevelopment Authority, has considered said matter and would recommend that the matter remain in Committee. #467 – (#275, #343) – PLANNING BOARD RECOMMENDATION FOR ZONING RE- CODIFICATION A communication from Planning Board Chairman Charles Puleo, submitting the Board’s recommendation regarding amendments to the proposed re-codification of the Zoning Ordinances was adopted. Re-Codification of the Zoning Ordinance was adopted as amended for first passage by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. A motion for immediate reconsideration in the hopes it would not prevail was denied. #468 - REQUEST FROM SOLICITOR FOR AN EXECUTIVE SESSION Received after the deadline of Tuesday noon under suspension of the rules. A communication for the Solicitor to hold an executive session was taken out of order at the beginning of the meeting. #469 – BLOCK PARTY A request from the Endicott Street Neighborhood Association and the Salem Community Arts Center to hold a block party on Endicott Street, between Pratt & Margin Streets, on Sunday, August 23, 2009 from 11:00 A.M. to 4:00 P.M. was granted. 217 CITY OF SALEM JULY 16, 2009 REGULAR CITY COUNCIL MEETING #470 – ROAD RACE B&S FITNESS A request from B&S Fitness Program to hold a road race on Saturday, October 31, 2009 beginning at 8:00 A.M., was granted. #471 - #472 – GRANTING LICENSES APPLICATIONS The following license applications were granted. TAXI OPERATOR Ricky Carroll, 92 Federal St. #1R, Salem VEHICLE FOR HIRE Scott Schwartz, 59 Stanley Rd., Swampscott OPERATORS ONLY Arnaldo Gonzalez, 18 Hingston St. #1, Peabody Christopher Lonergan, 117 Lafayette St. #210, Salem Frank Amato, 6 Canterbury Dr., Peabody #473 - CLAIM The following claim was referred to the Committee on Ordinances, Licenses and Legal Affairs. Virginia McArthur, 84 Bay View Ave., Salem (#410) – ORDINANCE, TRAFFIC, RESIDENT STICKER PARKING, TAFT ROAD The matter of second and final passage of an Ordinance amending Traffic, Chapter 42, Section 75, Parking Prohibited, Towing Zone, Resident Sticker Parking, was then taken up. The Ordinance was adopted for second and final passage. (#411) – ORDINANCE, TRAFFIC, HANDICAP PARKING LIMITED TIME, WALTER STREET The matter of second and final passage of an Ordinance amending Traffic, Chapter 42, Section 50B, Handicap Parking Limited Time, Walter Street, was then taken up. The Ordinance was adopted for second and final passage. On the motion of Councillor Veno the meeting adjourned at 11:45 P.M. ATTEST: CHERYL A. LAPOINTE CITY CLERK