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MINUTES - Regular - 9/22/2011 264 CITY OF SALEM SEPTEMBER 22, 2011 REGULAR MEETING OF THE CITY COUNCIL “Know Your Rights Under the Open Meeting Law, M.G.L. Chapter 39 §23B, and City Ordinance Sections 2-2028 through 2-2033.” A Regular Meeting of the City Council held in the Council Chamber on Thursday, September 22, 2011 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on September 16, 2011 at 11:29 A.M. This meeting is being taped and is live on S.A.T.V. All Councillors were present. Council President Ryan presided. Councillor Pinto moved to dispense with the reading of the record of the previous meeting. It was so voted. President Ryan requested that everyone please rise to recite the Pledge of Allegiance. Councillor Pinto requested and received unanimous consent for suspension of the rules to allow for the City Clerk to swear in Salem Firefighters. Councillor Pinto requested a two minute recess. Councillor Pinto moved to resume the regular portion of the meeting. PUBLIC TESTIMONY 1. Teasie Riley Goggin, 9 Wisteria Street – Public Testimony 265 CITY OF SALEM SEPTEMBER 22, 2011 REGULAR MEETING OF THE CITY COUNCIL (#552) - EXTENDED HOURS OF OPERATION FOR TONY LENA’S A hearing was held on the petition of John Harvey, owner of Tony Lena’s, 1 Boston St. (412 Essex St.) for extended hours of operation (Thursday, Friday and Saturday until 2:00 A.M.). Appearing in favor was John Harvey owner of Tony Lena’s. The hearing was closed. Councillor Sosnowski moved approval with the following conditions, that the residents are notified of the new hours and that this be done for a six (6) month trial and be revisited April 1, 2011. It was so voted. Councillor Sargent was recorded as opposed. #584 – CONDUIT ON GEDNEY STREET A hearing was held on the Order of Comcast for a conduit on Gedney Street. Appearing in favor was Timothy Broderick, Plant Supervisor. There was no one opposed. The hearing was closed. Councillor Pelletier moved that the permit be granted. It was so voted. (#527) – APPOINTMENT OF MATTHEW A. VENO TO THE SALEM REDEVELOPMENT AUTHORITY Held from the last meeting the Mayor’s appointment of Matthew A. Veno to serve as members of the Salem Redevelopment Authority with a term to expire February 1, 2012, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Sosnowski, Sargent, Ronan, Prevey, Pinto, Pelletier, O’Keefe, McCarthy, Lovely, Furey and Ryan were recorded as voting in the affirmative. Councillor Ronan requested and received unanimous consent for suspension of the rules to allow Mr. Veno to speak. (#528) – APPOINTMENT OF GAVIN MCAULIFFE TO THE CONSERVATION COMMISSION Held from the last meeting the Mayor’s appointment of Gavin McAuliffe to serve as an alternate member of the Conservation Commission with a term to expire September 15, 2012, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Sosnowski, Sargent, Ronan, Prevey, Pinto, Pelletier, O’Keefe, McCarthy, Lovely, Furey and Ryan were recorded as voting in the affirmative. Councillor Ronan requested and received unanimous consent for suspension of the rules to allow Mr. McCauliffe to speak. 266 CITY OF SALEM SEPTEMBER 22, 2011 REGULAR MEETING OF THE CITY COUNCIL #585 – APPOINTMENT OF LEWIS BEILMAN TO THE PLANNING BOARD The Mayor’s appointment of Lewis Beilman to serve as a member of the Planning Board with a term to expire May 1, 2013, held until the next meeting of October 13, 2011 under the rules. #586 - CONSTABLES The Mayor’s appointment and reappointment of the following to serve as Constables with the following terms to expire was received and filed. Edward Westhaver, 188 Albion Ave., Stoneham Term to Expire: August 1, 2012 Donald Famico, 74 Proctor St., Salem Term to Expire: August 1, 2014 #587 – APPROPRIATION VACTION / SICK LEAVE BUYBACK The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules. ORDERED: That the sum of Two Hundred Forty-Three Thousand, Eight Hundred and Twenty-Seven Dollars and Ninety-Three Cents ($243,827.93) is hereby appropriated in the “Retirement Stabilization Fund – Vacation/Sick Leave Buyback” account to be expended for the retirement buyback for the individuals in the department listed below in accordance with the recommendation of Her Honor the Mayor. Janet Conlon School 26,927.20 Mary Cura School 29,340.80 Mary Egan School 32,148.00 Margaret Fucillo School 4,403.51 Richard Gaudet School 13,796.80 Sharon Jaworski School 29,521.60 Paula Keene School 27,593.60 Sheila McCredy School 26,927.20 Martha Tierney School 29,340.80 John Manning School 21,228.42 William Cameron School 2,600.00 243,827.93 267 CITY OF SALEM SEPTEMBER 22, 2011 REGULAR MEETING OF THE CITY COUNCIL #588 – ACCEPT DONATION FROM ESTATE OF IRENE A. WILLEY The following Order, recommended by the Mayor, was adopted. ORDERED: To accept the donation listed below in the amount of One Hundred-Sixty Thousand, Five Hundred and Thirty-Two Dollars and Sixty-Five Cents ($160,532.65), these funds will be deposited into the account listed below in accordance with the recommendation of Her Honor the Mayor. Estate of Irene A. Willey COA Donation Fund $160,532.65 #589 – ACCEPT DONATION FROM MURPHY FUNERAL HOME The following Order, recommended by the Mayor, was adopted. ORDERED: To accept the donation listed below in the amount of One Thousand Dollars ($1,000.00), these funds will be deposited into the account listed below in accordance with the recommendation of Her Honor the Mayor. Murphy Funeral Home Fire Donation Fund $1,000.00 #590 – REVIEW SEGWAY COMPANIES OPERATING PRACTICES Councillor McCarthy introduced the following Order, which was adopted. ORDERED: That the Committee on Ordinances, Licenses & Legal Affairs co-posted with Committee of the Whole, invited in the Segway companies operating in Salem to review their operating practices and their plans for the month of October in regards to Haunted Happenings. Invite Police Traffic and City Solicitor. #591 – REDUCTION OF MEMBERS FOR THE BOARD OF HEALTH Councillor Furey Order, introduced the following Order which was adopted. ORDERED: That the Committee on Public Health, Safety and Environment co-posted with the Committee of the Whole meet to discuss reduction of the members to three on the Board of Health over a period of time/transition. Invite Health Agent Larry Rambin, Joanne Scott former 268 CITY OF SALEM SEPTEMBER 22, 2011 REGULAR MEETING OF THE CITY COUNCIL Health Agent, Robert Blenkhorn former Health Agent, Mayor or her representative, City Solicitor, Dr. Poremba Chairman of the Board of Health and all members of the Board of Health. #592 – LIFEBRIDGE AND THE SECOND CHANCE THRIFT SHOP Councillor Lovely introduced the following Order, which was adopted. ORDERED: That the attached email request from John Femino of Greater Endicott Street Neighborhood Association (GESNA) regarding questions about Lifebridge and the Second Chance Thrift Shop, be referred to the Committee on Ordinances, Licenses and Legal Affairs and that the following be invited: John Femino Greater Endicott Street Neighborhood Association (GESNA) Mark Cote, Lifebridge George Atkins, Esq. #593 – (#557- #559) GRANTING LICENSES Councillor Lovely offered the following report for 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. PUBLIC GUIDES Lindsey Philbrook, 109 Farm St., Wakefield Robert Haven, 67 Tremont St. Salem Corey Chouinard, 67 Tremont St., Salem Barbara West, 181 North St. #107, Salem Kimberly Bizjak, 190 Bridge St. #5101, Salem Jeffrey Foley, 128 Bridge St., Salem Nicole Hanscom, 5 Osborne St., Salem Kimberly Shields, 26 Walter St., Salem SECOND HAND VALUABLE Botaniea San Miguel, 115 Lafayette St., Salem TAG DAY Class of 2012, October 2, 2011 269 CITY OF SALEM SEPTEMBER 22, 2011 REGULAR MEETING OF THE CITY COUNCIL #594 – (#529) APPROPRIATION FOR RETIREMENT – VACATION/SICK LEAVE BUY BACK Councillor McCarthy offered the following report for the Committee on Administration and Finance to whom was referred the matter an appropriation of $24,582.31 in the Retirement Stabilization Fund – Vacation/Sick Leave Buy Back to be expended for Richard Drew, has considered said matter and would recommend approval. #595 – (#530) APPROPRIATION FOR RETIREMENT – VACATION/SICK LEAVE BUY BACK Councillor McCarthy offered the following report for the Committee on Administration and Finance to whom was referred the matter an appropriation of $13,425.24 in the Retirement Stabilization Fund – Vacation/Sick Leave Buy Back to be expended for Cynthia Barber, has considered said matter and would recommend approval. #596 – (#532) ACCEPT MASS. GENERAL LAW CH. 44 SEC. 53E ½ FOR REVOLVING FUND Councillor McCarthy offered the following report for the Committee on Administration and Finance to whom was referred the matter accepting Massachusetts General Law Chapter 44 Section 53E ½ to establish a revolving fund for the Health Department, has considered said matter and would recommend approval. #597 – (#494) RESIDENT STICKER PARKING IN THE DOWNTOWN AREA Councillor Pelletier offered the following report for the Committee on Government Services co-posted with the Committee of the Whole to whom was referred the matter of resident sticker in the downtown area, has considered said matter and would recommend the matter remain in committee and the order be amended to read Monday to Friday to 4:00 PM and delete all day on Sunday and that the amended order be sent to the Parking Task Force and the Parking Board for their review. #598 – (#539, 597A of 2010) REVIEWING PUBLIC INPUT Councillor Ryan offered the following report for the Committee of the Whole to whom was referred the matter of reviewing Public Input Rule, has considered said matter and would recommend that section 28C under Rules and Orders of the City Council be adopted. 270 CITY OF SALEM SEPTEMBER 22, 2011 REGULAR MEETING OF THE CITY COUNCIL #599 – CONDUIT ON ESSEX STREET A hearing was ordered for October 13, 2011 on the petition of National Grid for a conduit on Essex Street. #600 – CONDUIT ON SWAMPSCOTT ROAD TO TECHNOLOGY WAY A hearing was ordered for October 13, 2011 on the petition of Spencer Contracting to install a conduit on Swampscott Road to Technology Way. #601 – #602 BLOCK PARTIES The following requests for block parties were granted. Barton Place, October 29, 2011 (rain date of October 30, 2011) Federal St. / Beckford St., September 30, 2011 (rain date of October 1, 2011) #603 – FIESTA SHOWS CARNIVAL The application of Fiesta Shows to hold a carnival from October 14, 2011 through October 31, 2011 with hours was granted pending the hours for October 31, 2011 are approved by the Salem Police Department. #604 - #606 – LICENSE APPLICATIONS The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs. PUBLIC GUIDES Donald Callahan, 55 Linden St., Salem Brendan Connolly, 171 Federal St. #1, Salem Andrew Borden, 1026 Fisher Rd., Dartmouth Heide Hasselmann, 2 Cranberry Hill, Duxbury Brigitta Amsler, 286 Ocean Ave., Marblehead Carole Hartling, 37 Peach Highlands, Marblhead Judith Eidelman, 220 Humphrey St. #101, Marblehead William Sano, 35 Daniels St., Salem Frances Rennie, 19 Piedmont St., Salem Michael Newberg, 21 Brook Rd., Marblehead 271 CITY OF SALEM SEPTEMBER 22, 2011 REGULAR MEETING OF THE CITY COUNCIL PUBLIC GUIDES CONTINUED: Leah Schmidt, 26 Louis St., Hyannis Beth McCuish, 37 March St., Salem Adam Harmn, 18 Chestnut St., Salem Kelly Flanagan, 21 Thomas Cir., Salem Anita Dynarski, 31 Western Ave. #17, Gloucester Roger Watras, 1041 Pembrook St., Boston Stephanie Scannell, 12 Baldwin St., Peabody Michael Beckham, 82 Commercial St. #5, Boston Daniel Minkle, 54 Derby St. #1L, Salem Scott Ray Merchant, 12 Holly St. #2, Salem Phylicia George, 7 Hosmer Ave., Salem SEAWORM Alaide Picanco, 85 Tremont St., Salem SECOND HAND Game Zone 270 Essex St., Salem VALUABLE Once & Again, 45 Bridge St., Salem #607 – LICENSE APPLICATION The following license application was granted. TAXI OPERATORS Saheed Bello, 8 Rand St., Lynn #608 – LICENSE APPLICATIONS The following license applications were denied. TAXI OPERATORS Lisa Kenney, 3 Gage St., Beverly Alexi Infante, 16 Aborn St. #2, Salem #609 - #610 CLAIMS The following claims were referred to the Committee on Ordinances, Licenses and Legal Affairs. Danielle Rossewey, 527 Eastern Ave., Lynn SUBROGATED: The Andover Companies (for James Barina) 95 Old River Rd., Andover 272 CITY OF SALEM SEPTEMBER 22, 2011 REGULAR MEETING OF THE CITY COUNCIL #611 - #613 BONDS The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved. CONSTABLE: Edward Westhaver, 188 Albion Ave., Stoneham Donald Famico, 74 Proctor St., Salem SIGN: Nightingale Arts, LLC, 124 Boston St., Salem (#536) SECOND PASSAGE ORDINANCE AMENDING TRAFFIC GENERAL TOW ZONE FEDERAL STREET The matter of second and final passage of an Ordinance amending Traffic, General Tow Zone, Federal Street, was then taken up. The Ordinance was adopted for second and final passage. (#537) – SECOND PASSAGE ORDINANCE AMENDING TRAFFIC, RESIDENT STICKER PARKING, HANSON STREET AND PUTNAM STREET The matter of second and final passage of an Ordinance amending Traffic, Resident Sticker Parking, Hanson Street and Putnam Street, was then taken up. The Ordinance was adopted for second and final passage. (#542A) – SECOND PASSAGE ORDINANCE AMENDING, KEEPING OF UNREGISTERED VEHICLES The matter of second and final passage of an Ordinance amending Chapter 24 Section 21, Keeping Unregistered Vehicles, was then taken up. The Ordinance was adopted for second and final passage. 273 CITY OF SALEM SEPTEMBER 22, 2011 REGULAR MEETING OF THE CITY COUNCIL (#545A) – SECOND PASSAGE ORDINANCE AMENDING, PERMITTING OF OUTDOOR CAFES IN THE URBAN RENEWAL DISTRICT The matter of second and final passage of an Ordinance amending Chapter 38, Section 28- 7, Permitting of Outdoor Café’s in the Urban Renewal District, was then taken up. The Ordinance was adopted for second and final passage. On the motion of Councillor Prevey the meeting adjourned at 8:30 P.M. ATTEST: CHERYL A. LAPOINTE CITY CLERK