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MINUTES - Regular - 2/11/2010 327 CITY OF SALEM FEBRUARY 11, 2010 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, February 11, 2010 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on February 5, 2010 at 10:27 A.M. Councillor Prevey was recorded as absent. Council President Robert McCarthy presided. Councillor Sargent moved to dispense with the reading of the record of the previous meeting. It was so voted. President McCarthy requested that everyone please rise to recite the Pledge of Allegiance. #86 – APPOINTMENT OF LESLIE TUTTLE TO THE PARK & RECREATION COMMISSION The Mayor’s appointment of Leslie Tuttle to serve as a member of the Park & Recreation Commission with a term to expire on May 1, 2013, was held under the rules until the next meeting of February 25, 2010. #87 – REAPPOINTMENTS TO THE CEMETERY COMMISSION Mayor’s reappointment of the following to serve on the Cemetery Commission with terms to expire on February 1, 2013 was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Furey, Lovely, O’Keefe, Pelletier, Pinto, Ronan, Ryan, Sargent, Sosnowski and McCarthy were recorded as voting in the affirmative. Councillor Prevey was recorded as absent. Dave Gonet, 6 Patton Rd. Joanne Mizioch, 11 Nursery St. Philip L. Burke, 205 Highland Ave. #2107 Elaine Milo, 181 Marlborough Rd. 328 CITY OF SALEM FEBRUARY 11, 2010 REGULAR MEETING OF THE CITY COUNCIL #88 – APPOINTMENT OF DEPARTMENT HEADS The Mayor’s reappointment of the following Department Heads with two year terms to expire on January 31, 2012 and three year terms as follows, was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Furey, Lovely, O’Keefe, Pelletier, Pinto, Ronan, Ryan, Sargent, Sosnowski and McCarthy were recorded as voting in the affirmative. Councillor Prevey was recorded as absent. Richard Rennard, Director of Public Services Doug Bollen, Director of Recreation and Community Services Joanne Rust, Director of Data Processing (MIS) Nina Bridgman, Assistant Finance Director James Hacker, Executive Director of Parking Kathleen Winn, Assistant Planning Director Tom St. Pierre, Director of Inspectional Services and Director of Public Property John Giardi, City Electrician Lynn Duncan, Planning Director William Hanger, Winter Island Manager David Knowlton, City Engineer Lisa Cammarata, Director of Human Resources Thomas McGrath, Assistant Building Inspector Department Heads with three year terms to expire as follows: Jean-Guy Martineau, Veteran’s Agent, April 1, 2012 last expired April 1, 2009 Anne Busteed, Treasurer January 31, 2013 Bonnie Celi, Collector January 31, 2013 Richard Viscay, Jr., Finance Director January 31, 2012, last expired Jan. 31, 2009 #89 – CONSTABLE The Mayor’s appointment of Christine Derby to serve as a Constable with a term to expire February 1, 2011, was received and placed on file. 329 CITY OF SALEM FEBRUARY 11, 2010 REGULAR MEETING OF THE CITY COUNCIL #90 – DONATION FROM WAL-MART FOR THE POLICE DEPARTMENT The following Order recommended by the Mayor, was adopted. ORDERED: To accept the donation from Wal-Mart Foundation in the amount of Two Thousand Dollars ($2,000.00). These funds will be deposited into the Police Department Donation Fund in accordance with the recommendation of Her Honor the Mayor. #91 – RESOLUTION PRESERVE AMERICA FUNDS The following Resolution recommended by the Mayor, was adopted by roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Furey, Lovely, O’Keefe, Pelletier, Pinto, Ronan, Ryan, Sargent, Sosnowski and McCarthy were recorded as voting in the affirmative. Councillor Prevey was recorded as absent. A motion for immediate reconsideration in the hopes it would not prevail was denied. WHEREAS, Preserve America is a White House initiative developed in cooperation with the Advisory Council on Historic Preservation, the U.S. Department of the Interior, and the U.S. Department of Commerce; and WHEREAS, The goals of this initiative include a greater shared knowledge about our Nation’s past, strengthened regional identities and local pride, increased local participation in preserving the country’s irreplaceable cultural and natural heritage assets, and support for the economic vitality of communities; and WHEREAS, This initiative is compatible with our community’s interests and goals related to historic preservation; and WHEREAS, The community has been designated as a Preserve America Community in order to improve our community’s ability to protect and promote its historical resources; and WHEREAS, The goals of this initiative include a greater shared knowledge about our Nation’s past, strengthened regional identities and local pride, increased local participation in preserving the country’s irreplaceable cultural and historical heritage assets, and support for the economic vitality of communities; and WHEREAS, The initiative has announced a competitive grant for Preserve America Communities to implement projects that promote preservation of cultural resources through heritage tourism; and WHEREAS, The City of Salem is interested in completing the City’s Comprehensive Signage Program in an effort to promote the cultural and historical assets of the City of Salem; now therefore be it resolved 330 CITY OF SALEM FEBRUARY 11, 2010 REGULAR MEETING OF THE CITY COUNCIL NOW, THEREFORE, BE IT RESOLVED, that the Salem City Council hereby supports the grant application for Preserve America funds to assist the completion of the City’s Comprehensive Signage Program. NOW, THEREFORE, BE IT RESOLVED, that City of Salem will protect and celebrate our heritage, use our historic assets for economic development and community revitalization, and encourage people to experience and appreciate local historic resources through education and heritage tourism programs. #92 – COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAPR) AND MANAGEMENT LETTER The Mayor submitting Comprehensive Annual Financial Report (CAPR) and Management Letter, was referred to the Committee on Administration and Finance co-posted with the Committee of the Whole. The original documents on file and can be viewed in the City Clerks office. #93 – TAXI OPERATOR LICENSE Councillor Lovely introduced the following Order, which was adopted. ORDERED: That the enclosed Taxi Operator License Application originally denied due to open court cases and unpaid court fees, has since been rectified and the application is being resubmitted and would request that this license be granted. #94 – PARKING IN FRONT OF THE COURT HOUSE DURING NON-COURT HOURS Councillor Lovely introduced the following Order, which was adopted. ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole meet to discuss making the parking spaces in front of the Salem District Court available to as public parking during no-court hours also bust stop, loading zone and service zone and that the Salem Police Department be invited to the Committee to discuss same. TH #95 – RESOLUTION LOYAL ORDER OF MOOSE 100 ANNIVERSARY Councillor Sosnowski for Councillor Prevey introduced the following Resolution, which was adopted. RESOLUTION: 331 CITY OF SALEM FEBRUARY 11, 2010 REGULAR MEETING OF THE CITY COUNCIL Whereas: The Loyal Order of the Moose, Local #218, the Salem Association, is part of a world wide fraternal organization of over 1.1 million men and women members working with its fellowship to create a safe and friendly environment for its membership. th Whereas: The Salem Moose Family Center hereby celebrates its 100 anniversary as an organization dedicated to the service of the community in which its members are a part of. Since its existence, the Moose has provided and performed countless acts of service on behalf of the local community. As the changing needs of the community have occurred so too has the generosity of the Moose and its members. Whereas: Many of the ongoing and numerous examples of service to the community are: donation of a van for the Council on Aging; dinners for seniors, special needs families and families in general need at Thanksgiving, Easter, Halloween, Christmas, Valentines Day; 200 plus meals delivered to homes during the holidays; meals and events in support of the high school, North Shore Arc, the Salem Police Department and the Salem Youth Football; use of their hall for various charitable events as well as monthly use by the Mack Park Neighborhood Association. Whereas: The Moose expends over $40,000 each year in their effort to give back to the community and that the list of contributions made by the Moose continues to grow as our community’s need continues to expand over the years. NOW Therefore Be it Resolved: That the City Council for the City of Salem hereby recognizes, honors and th congratulates the Loyal Order of the Moose in Salem for its 100 year anniversary and that the City Council extends its sincerest gratitude for its contributions to the City and its citizens over the millennium. And be it further resolved: That the City Council make this resolution a matter of public record of these proceedings and that a suitable copy be presented to the Loyal Order of the Moose, Local # 218, along with a copy of the City Seal, as an expression of the City´s respect and gratitude. #96 – YEAR TO DATE BUDGET REPORT Councillor Ryan introduced the following Order, which was adopted. ORDERED: That the Year to Date Budget Report dated January 31, 2010, be received and placed on file. 332 CITY OF SALEM FEBRUARY 11, 2010 REGULAR MEETING OF THE CITY COUNCIL #97 - ORDINANCE TRAFFIC, PARKING PROHIBITED CERTAIN STREETS, HUBON STREET Councillor Sosnowski introduced the following Ordinance, which was adopted for first passage. In the year two thousand and ten An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 51, “Parking Prohibited Certain Streets” Be it ordained by the City Council of the City of Salem, as follows: Section 1. Section 51, Hubon Street, northerly side in its entirety, “No Parking” Section 2. This Ordinance shall take effect as provided by City Charter. #98 – (#20, #54) CONDUIT AND SWITCHGEAR ON ST. PETER STREET Councillor Pinto offered the following report for the Committee on Public Health, Safety and Environment co-posted with the Committee of the Whole. The Committee on Public Health, Safety and Environment co-posted with the Committee of the Whole to whom was referred the matter of a conduit at #50 St. Peter Street has considered said matter and would recommend that the petition be approved for the 5” conduit as submitted on the plan and the new switchgear at #50 be denied as submitted on the plan. #99 – (#75) GRANTING LICENSES Councillor Lovely offered the follow report for the Committee on Ordinances, Licenses and Legal Affairs. 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 approval of the following: TAG DAYS Salem High School Softball, April 10, 2010 & May 8, 2010 Salem High School Boys Soccer, Sept. 18, 2010 & Oct. 16, 2010 333 CITY OF SALEM FEBRUARY 11, 2010 REGULAR MEETING OF THE CITY COUNCIL #100 – (#31) TAXI OPERATOR LICENSE Councillor Lovely offered the follow report for the Committee on Ordinances, Licenses and Legal Affairs. The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of a hearing request on the denial of Taxi Operator License by Jean Joseph, has considered said matter and would recommend the matter be laid on the table pending the request for more information from the petitioner. #101 – (#73) TAXI OPERATOR LICENSE Councillor Lovely offered the follow report for the Committee on Ordinances, Licenses and Legal Affairs. The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of a hearing request on the denial of Taxi Operator License by Fausto Martinez, has considered said matter and would recommend the matter be laid on the table pending the request for more information from the petitioner. #102 – (#73, #242) REVIEW OF SALEM COMMON ORDINANCES Councillor Lovely offered the follow report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole. Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to whom was referred the matter of a letter for the Park and Recreation Commission to review the Ordinance relative to the Salem Common and the use of alcohol on the Salem Common, has considered said matter and would recommend that the City Solicitor put the draft ordinance in tracking form and forward a copy of same to the Park and Recreation Commission for their meeting Tuesday, February 16, 2010. #103 – (#57) APPROPRIATION FOR THE PURCHASE OF PUMPS FOR HEATING SYSTEM AT THE POLICE STATIOIN Councillor Ryan offered the follow report for the Committee on Administration and Finance. Committee on Administration and Finance to whom was referred the matter of an appropriation of $9,200.00 to the “Capital Outlay Equipment” account to be expended for the 334 CITY OF SALEM FEBRUARY 11, 2010 REGULAR MEETING OF THE CITY COUNCIL purchase of circulating pumps for heating system for the Police Station, has considered said matter and would recommend approval. #104 – (#58) TRANSFER TO POLICE COMMUNITY EVENTS Councillor Ryan offered the follow report for the Committee on Administration and Finance. Committee on Administration and Finance to whom was referred the matter of a transfer in the amount of $9,198.37 from “Police Overtime” to “Police Community Events” has considered said matter and would recommend approval. #105 – (#659 - #660) ACCEPT MASS. GENERAL LAW TO IMPOSE LOCAL MEAL & ROOM OCCUPANCY EXCISE Councillor Ryan offered the follow report for the Committee on Administration and Finance. Committee on Administration and Finance to whom was referred the matter of accepting Mass. General Laws to impose a local meals and room occupancy excise, has considered said matter and would recommend that the matter be referred to the Committee of the Whole to hold a public hearing on February 24, 2010 at 6:30 P.M. #106 = (#23) TRANSFER FROM PURCHASING DEPT. TO FINANCE DEPT. Councillor Ryan offered the follow report for the Committee on Administration and Finance co-posted with the Committee of the Whole. Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of a Transfer of $2,500.00 from Purchasing Department to the Finance Department, has considered said matter and would recommend that the matter be discharged from Committee. #107 – LIMOUSINE LICENSE APPLICATIONS The request following Limousine License application was granted. LIMOUSINE Javier Car Service, 78 Rainbow Ter., Salem (1) 335 CITY OF SALEM FEBRUARY 11, 2010 REGULAR MEETING OF THE CITY COUNCIL #108 – LICENSE APPLICATIONS The following licenses were granted. TAXI OPERATORS Jaime Lopez, 34 Hanover St. #6, Lynn Thomas Clocher, 43 Boston St., Salem Volker Widlok , 141 North St., Salem Felipito Guzman, 7 Watson St., Salem Omar Alkhatatbeh, 11 Grand View Ave., Revere Jeffery Alexander, 104 Holten St., Danvers Paul Moore, 14 Foster St., Peabody Jesus Rosario, 42 Park St., Salem Julio Jimenez, 11B Rockdale Park, Peabody #109 – #118 LICENSE APPLICATIONS The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs. PUBLIC GUIDES Lisa Van Dell, 1 Schooner Ridge, Marblehead Penny Van Dell, 1 Schooner Ridge, Marblehead Alicia Diozzi, 40 English St., Salem Thomas Vallor, 19 Mall St. #2, Salem Jeffrey Horton, 27 Bar Link Way #81, Swampscott Mollie Stewart, 74 Essex St. #1, Salem SEAWORM Arthur Barreira, 49 Webster St., Peabody TAG DAYS S.H.S. Swim Team, March 6, 2010 S.H.S. Boys Lacrosse, March 7, 2010 S.H.S. JROTC, March 20 & 21, 2010 S.H.S. Girls Tennis, March 27, 2010 & April 3, 2010 S.H.S. Girls Track, April 17, 2010 S.H.S. Boys Lacrosse, May 22, 2010 Salem Veterans Council, July 1-5, 2010 S.H.S. Volleyball, September 19, 2010 & October 2, 2010 336 CITY OF SALEM FEBRUARY 11, 2010 REGULAR MEETING OF THE CITY COUNCIL #119 – DRAINLAYER / CONTRACT OPERATOR LICENSE APPLICATIONS The following Drainlayer/Contract Operator license applications were granted. D’Alelio Construction Co. Inc, 31 Lewis Rd., Swampscott Meninno Construction, 76 Oakville St., Lynn #120 - #123 CLAIMS The following claims were referred to the Committee on Ordinances, Licenses and Legal Affairs. David Kline, 1000 Loring Ave. #B36, Salem Natalia Pedrang, 4 First St. #6202, Salem Dezra Kenney, 179 Whalers Lane, Salem SUBROGATED Brodigan & Gardiner LLP (for Robert Romano), 40 Broad St., Boston #124 - BONDS The following bond was referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved. CONSTABLE Christine Derby, 73 Tremont St., Salem On the motion of Councillor Ryan the meeting adjourned at 9:40 P.M. ATTEST: CHERYL A. LAPOINTE CITY CLERK