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MINUTES - Regular - 9/24/2009 239 CITY OF SALEM SEPTEMBER 24, 2009 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, September 24, 2009 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on September 18, 2009 at 9:40 A.M. Councillor Furey was recorded as absent. . Council President Paul Prevey presided. Councillor Veno 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. #536 – CONDUIT LOCATION ON BAY VIEW AVENUE FOR NATIONAL GRID A hearing was held on the Order of National Grid for a conduit location on Bay View Avenue. Appearing in favor was Sabhita Nahabier-Sheety representative of National Grid. There was no one opposed. Councillor McCarthy stipulated that the sidewalk has a brass plaque that should be preserved. The hearing was closed. Councillor McCarthy moved that the Order be granted. It was so voted. #537 – POLE LOCATION AT INTERSECTION OF LORING AVE. AND LINDEN ST. A hearing was held on the Order of National Grid for a conduit location on Loring Avenue and Linden Street. Appearing in favor was Sabhita Nahabier-Sheety representative of National Grid. There was no one opposed.The hearing was closed. Councillor Veno moved that the Order be granted. It was so voted. 240 CITY OF SALEM SEPTEMBER 24, 2009 REGULAR MEETING OF THE CITY COUNCIL #538 – OVERHEAD WIRING ON POLES ON SWAMPSCOTT ROAD A hearing was held on the Order of National Grid for a conduit location on Swampscott Road. Appearing in favor was Sabhita Nahabier-Sheety representative of National Grid. There was no one opposed. The hearing was closed. Councillor Pelletier moved that the Order be granted. It was so voted. #539 – REAPPT. REBECCA CHRISTIE TO CONSERVATION COMMISSION The Mayor’s reappointment of Rebecca Christie to serve as a member of the Conservation Commission with a term to expire September 15, 2012, was confirmed under suspension of the rules by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Veno, Sosnowski, Sargent, Ryan, Pinto, Pelletier, O’Keefe, McCarthy, Lovely and Prevey were recorded as voting in the affirmative. Councillor Furey was recorded as absent. #540 – APPR. FOR RETIREMENT BUYBACK FOR LUCILLE OUELLETTE AND KEVIN LUCY The following Order, recommended by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of Twenty-Six Thousand Two Hundred and Twenty-Eight Dollars ($26,228.00) 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 Lucille Ouellette 13,274.00 Retirement Stabilization Kevin Lucy 12,954.00 26,228.00 #541 – APPR. FOR THE PURCHASE OF WEIGHTS & MEASURES CALIBRATING INSPECTING EQUIPMENT The following Order, recommended by the Mayor was referred to the Committee on Administration and Finance under the rules. ORDERED: That the sum of Four Thousand Six Hundred and Ninety Dollars ($4,690.00) is hereby appropriated to the “Capital Outlay Equipment” account to be expended for the purchase of Weights & Measures Calibrating/Inspecting Equipment for the Inspectional Services Department in accordance with the recommendation of Her Honor the Mayor. 241 CITY OF SALEM SEPTEMBER 24, 2009 REGULAR MEETING OF THE CITY COUNCIL #542 – RESOLUTION FOR CRAIG STORY SCOUT MASTER TROOP 83 Councillor Pinto introduced the following Resolution, which was adopted. RESOLUTION: WHEREAS: Craig Story for over ten years has served as a Scout Leader to Troop 83; and WHEREAS: Craig has been the Pied Piper for boys who had never done scouting in the past are joining because they hear from their friends the exciting things they are doing in boy scouts; and WHEREAS: Craig Story has kept a constant flow of youths joining Troop 83 which at present is fifty two active Boy Scouts; and WHEREAS: Craig has dedicated thousands of hours as a friend and mentor to the boys of Troop 83 as a leader and then as their Scout Master; and WHEREAS: He has been an inspirational leader for the boys and adults alike, and we owe him a debt of gratitude for his years of service and dedication. NOW, THEREFORE, BE IT RESOLVED: That the Salem City Council, on behalf of the citizens, Scouts and families of the City of Salem wish to express our sincere gratitude and admiration for Craig Story’s dedication to our youths of this City. AND BE IT FURTHER RESOLVED: That the City Council makes this Resolution a matter of record of these proceedings, and that a suitable copy of this Resolution is presented to Craig Story, along with a copy of the City Seal. Councillor Pinto requested and received unanimous consent for suspension of the rules to allow Mr. Story to speak. #543 – RESOLUTION FOR MARC GAUTHIER SR. SCOUT MASTER TROOP 83 Councillor Sosnowski introduced the following Resolution, which was adopted. WHEREAS: Marc Gauthier Sr. has been a leader for Boy Scouts in Salem for two decades; and WHEREAS: He has served as a Cub Scout Leader for Pack 83 located at Ste. Anne’s as well as served as Scout Master for eight years and during that time Troop 83 grew from 7 boys to over 40 active scouts; and 242 CITY OF SALEM SEPTEMBER 24, 2009 REGULAR MEETING OF THE CITY COUNCIL WHEREAS: Marc Gauthier Sr. later served as the Assistant Scout Master and helped the new Scout Master Craig Story with Troop 83; and WHEREAS: Under Marc’s leadership 20 Salem youths reached the rank of Eagle Scout due to Marc’s commitment to Scouting, his mantra is “do the right thing but always have fun”; and WHEREAS: Marc Gauthier Sr.’s biggest contribution to Boy Scouts is not the countless hours done in service projects nor is it serving on the Parker Scholarship Committee which helped hundreds of scouts better afford college. Marc’s biggest accomplishment to scouting has been the 300 young men who have benefited by his leadership and consider him their role model and friend. NOW, THEREFORE, BE IT RESOLVED: That the Salem City Council, on behalf of the citizens, Scouts and families of the City of Salem wish to express our admiration for Marc Gauthier Sr.’s dedication and commitment to the youth of this City. 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 Marc Gauthier Sr., along with a copy of the City Seal. Councillor Sosnowski requested and received unanimous consent for suspension of the rules to allow Mr. Gauthier to speak. #544 – NEW ESSEX NORTH SHORE AGRICULTURAL & TECHNICAL SCHOOL Councillor Sosnowski and Councillor Prevey introduced the following Order, which was adopted. ORDERED: That the request by the Mayor from the September 10, 2009 meeting to hold a joint meeting with the School Committee to discuss plans to construct the new Essex North Shore Agricultural and Technical School, be referred to the Committee of the Whole and that the meeting be scheduled for October 7, 2009 at 7:00 P.M. in the City Council Chambers. #545 – YEAR TO DATE BUDGET REPORT Councillor Veno introduced the following Order, which was adopted. ORDERED: That the Year to Date Budget Report dated August 31, 2009, be received and placed on file. 243 CITY OF SALEM SEPTEMBER 24, 2009 REGULAR MEETING OF THE CITY COUNCIL #546 – MONTHLY FINANCIAL REPORT Councillor Veno introduced the following Order, which was adopted. ORDERED: That the Monthly Financial Report dated August 31, 2009, be received and placed on file. #547 – ORDINANCE AMENDING TRAFFIC, HEAVY COMMERCIAL VEHICLES PROHIBITED, BROADWAY Councillor Veno 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 45, “Heavy Commercial Vehicles Prohibited Certain Streets” Be it ordained by the City Council of the City of Salem, as follows: Section 1. Broadway, between Canal Street and Loring Avenue, “Heavy Commercial Vehicles Prohibited” Section 2. This Ordinance shall take effect as provided by City Charter. #548 – TRAFFIC ORDINANCES FOR ESSEX AND PRESCOTT STS. Councillor Pelletier introduced the following Order, which was adopted. ORDERED: That the enclosed petitions regarding Traffic Ordinances for Essex Street Parking, Prescott Street Resident Parking be referred to the Committee on Ordinances, Licenses and Legal Affairs for review. And that the following be invited Mayor or her representative, Lt. Robert Preczewski, Police Traffic Division and Jessica Zak or 333 Essex Street and Graham Morris of 90 Margin Street and any concerned resident. #549 – IMPLEMENTING A HOMELESS TEN YEAR PLAN Councillor Lovely introduced the following Order, which was adopted. ORDERED: That the Salem City Council Committee of the Whole meet to discuss the United States Interagency Council on Homelessness Ten Year Plan, designed to end chronic 244 CITY OF SALEM SEPTEMBER 24, 2009 REGULAR MEETING OF THE CITY COUNCIL homelessness in our community; and further invited Mayor Driscoll to meet and discuss forming a planning committee of community residents and stake holders to study adopting and implementing the National 10 year plan. #550 – SUPPORT ST. MARY’S ITALIAN CHURCH BE PLACED ON NATIONAL HISTORIC REGISTER Councillor Lovely introduced the following Order, which was adopted by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Veno, Sosnowski, Sargent, Ryan, Pinto, Pelletier, O’Keefe, McCarthy, Lovely and Prevey were recorded as voting in the affirmative. Councillor Furey was recorded as absent. ORDERED: That the Salem City Council, by roll call vote, hereby expresses its support for St. Mary’s Italian Church to be placed on the National Registry of Historic Places, and that a record of this proceeding be sent to the Massachusetts Historic Commission to be made a part of its official record. Councillor Lovely moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. Councillor O’Keefe assumed the Chair. #551 – RESOLUTION SHERIFF FRANK G. COUSINS JR. Councillor Prevey introduced the following Resolution, which was adopted. RESOLUTION: WHEREAS: That the Mack Park Neighborhood Association in conjunction with the residents of the City of Salem want to honor and extend their sincere appreciation and gratitude to the Essex County Sheriff’s Department; and WHEREAS: On several recent occasions when clean up work and construction work was needed to be done at several parks and other public areas throughout the City, the Sheriff graciously provided inmates under his care and control to perform the hard work and accomplish the various assigned tasks; and thth WHEREAS: On September 13 and September 14, 2009, a new playground was constructed at Mack Park, which without the assistance of 16 volunteer inmates 245 CITY OF SALEM SEPTEMBER 24, 2009 REGULAR MEETING OF THE CITY COUNCIL of the Sheriff’s Department, the playground would not have been constructed on time and within budget; and WHEREAS: The Sheriff of Essex County has on many occasions over the years offered his support and assistance through the hard work of volunteer inmates under his care and control to the residents of the City of Salem. NOW, THEREFORE, BE IT RESOLVED: That the Salem City Council, on behalf of the residents of the City of Salem go on record to publicly recognize and thank the ongoing, invaluable assistance which we the citizens of Salem receive from the Sheriff, his dedicated staff and inmates of Essex County., and that this resolution be presented to Sheriff Frank G. Cousins, Jr.. Councillor Prevey resumed the Chair. #552 – (#523-#525) GRANTING 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 GUIDES: Dominic Lavorante, 171 Loring Ave, Salem Amy Al-Nanulsi, 512 Broughton Dr., Beverly Raymond Roberge, 414 Lafayette St., #1,Salem Tara Ann Fritz, 79 Old Upton Rd., Grafton Laurie Stathopoulos, 125 Essex St., Salem Eric Jenney, 69 Crafts Rd., Gloucester Erica Sastre, 353 Sasapequan Rd., Fairfield, CT Kayla Richards, 6 Holly St. #1R, Salem Jim McAllister, 86 Federal St., Salem Kylie Pasternak, 2061 Highland Ave., Fall River TAG DAYS: S.H.S. Girls Soccer, September 27, 2009 & October 18, 2009 S.H.S. Gymnastics Team, November 28, 2009 & January 16, 2010 246 CITY OF SALEM SEPTEMBER 24, 2009 REGULAR MEETING OF THE CITY COUNCIL #553 – (#345) – ESTABLISHING A NEW FEE OR A FEE INCREASE FOR RESIDENT PARKING STICKERS 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 setting Resident Sticker Parking fees and other city fees, has considered said matter and would recommend that the City Council direct the Solicitor to draft a form the City Administration will utilize when contemplating establishing a fee increase and/or new fees. #554 – (#486) REDUCING THE RATE OF INTEREST ON PROPERTY TAXES DEFERRED BY ELIGIBLE SENIORS 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 reducing the rate of interest on property taxes deferred by eligible seniors per MGL c.59 s.5 clause 441A from 8% to 4.5% beginning on or after July 1, 2010, has considered said matter and would recommend approval. #555 – (#65 of 2008) STATUS OF SZETELA LANE 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 the status of Szetela Lane, has considered said matter and would recommend reviewing the matter within one month. #556 – (#478) APPR. FOR TRAFFIC ANALYSIS 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 $25,000 to the “Capital Outlay Renovations and Repairs” account to be expended for a traffic analysis by the Engineering Department, has considered said matter and would recommend approval. 247 CITY OF SALEM SEPTEMBER 24, 2009 REGULAR MEETING OF THE CITY COUNCIL #557 – (#485) INCREASING THE FY2010 STICKER PROGRAM TO $25,000 FOR HAZARDOUS WASTE DAY 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 authorizing the Mayor to increase the Fiscal Year 2010 Sticker Program to $25,000 to help offset costs for the Household Hazardous Waste Day, has considered said matter and would recommend approval. #558 – ELECTION ORDER A communication from City Clerk Cheryl LaPointe submitting the Election Order for the November 3, 2009 City Election, was adopted. That the meetings of the qualified voters of the City of Salem be held in the several voting precincts in the city at the polling places designated hereinafter, on Tuesday, November 3, 2009, for the purpose of casting votes in the City Election for the election of candidates for the following offices: Mayor: for a term of four years Four Councillors at Large: for the term of two years Councillor of Wards One, Two, Three, Four, Five, Six, and Seven: for the term of two years Three members of the School Committee: for the term of four years AND BE IT FURTHER ORDERED: That the following places be and hereby are designated as polling places for said meetings: Ward One PRECINCT ONE Bentley School, Memorial Drive PRECINCT TWO Ward Two PRECINCT ONE St. John’s School, St. Peter Street PRECINCT TWO Ward Three PRECINCT ONE Salem High School Auditorium, 77 Willson Street PRECINCT TWO 248 CITY OF SALEM SEPTEMBER 24, 2009 REGULAR MEETING OF THE CITY COUNCIL Ward Four PRECINCT ONE Witchcraft Heights School Gymnasium, 1 Frederick Street PRECINCT TWO Ward Five PRECINCT ONE Temple Shalom, 287 Lafayette Street PRECINCT TWO Community Room, Pioneer Terrace Ward Six PRECINCT ONE Bates School, Liberty Hill Avenue PRECINCT TWO Recreation Dept., Mack Park Ward Seven PRECINCT ONE Salem State College Enterprise Center, 121 Loring Avenue PRECINCT TWO AND BE IT FURTHER ORDERED: That the polls at said meetings be opened at 7:00 a.m. and closed at 8:00 p.m. and that the City Clerk be instructed to post this notice as required by law. #559 – JOINTLY OWNED POLE LOCATION ON BROAD STREET A hearing was ordered on the petition from Verizon and Mass. Electric to relocate one jointly owned pole on Broad Street. #560 – BLOCK PARTY The request from the residents of Beckford Street to hold a block party on October 2, 2009 with a rain date of October 4, 2009 was granted. #561 - #562 – LICENSE APPLICATIONS The following license applications were granted. TAXI OPERATOR Rodolfo Cruz-Jimenez, 57 Harbor St., Salem VEHICLE FOR HIRE Andrew Muldowney, 866 Dorchester Ave., #3, Dorchester OPERATORS ONLY Corey Vaz, 9 Babbitt Way, Berkley Jonathan Werner, 677 Washington St., Brookline 249 CITY OF SALEM SEPTEMBER 24, 2009 REGULAR MEETING OF THE CITY COUNCIL #563 – TAXI OPERATOR LICENSE APPLICATION The following license application was denied. TAXI OPERATOR Joselito Collazo, 30 Ward St., Salem #564 - LICENSE APPLICATIONS The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs. PUBLIC GUIDES: Jed Mills, 71 Maverick St., Marblehead Melissa Grieco, 54 Derby St., #3R Salem Rie Johnson, 64 Memorial Dr., Salem Jacquie Allouise, 170 Gore Rd., Revere Peter White, 21 Salem St., Salem #565 - CLAIM The following claim was referred to the Committee on Ordinances, Licenses and Legal Affairs. SUBROGATED CLAIM Suslak & Montain (for Phylis Lavoice), 7 Essex St., #3, Peabody (#495) – ORDINANCE AMENDING TRAFFIC , HANDICAP PARKING, LIMITED TIME, BELLEAU ROAD The matter of second and final passage of an Ordinance amending Traffic, Section 50B, Handicap Parking, Limited Time, Belleau Road, was then taken up. The Ordinance was adopted for second and final passage. 250 CITY OF SALEM SEPTEMBER 24, 2009 REGULAR MEETING OF THE CITY COUNCIL (#496) – ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, LIMITED TIME, BOARDMAN STREET The matter of second and final passage of an Ordinance amending Traffic, Section 50B, Handicap Parking, Limited Time, Boardman Street, was then taken up. The Ordinance was adopted for second and final passage. (#500) – ORDINANCE AMENDING TRAFFIC, RESIDENT STICKER PARKING, BARTON STREET The matter of second and final passage of an Ordinance amending Traffic, Section 75, Resident Sticker Parking, Barton Street, was then taken up. Councillor Sosnowski introduced the following amendment which was adopted. Remove Barton Street in it’s entirety and replace with Barton Street northerly side starting at 100 feet from Bridge Street and southerly side starting at 90 feet from Bridge Street, Zone C, Color Green. Adopted The Ordinance was adopted as amended for second and final passage by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Veno, Sosnowski, Sargent, Ryan, Pinto, Pelletier, O’Keefe, McCarthy, Lovely and Prevey were recorded as voting in the affirmative. Councillor Furey was recorded as absent. On the motion of Councillor O’Keefe the meeting adjourned at 8:40 P.M. ATTEST: CHERYL A. LAPOINTE CITY CLERK