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MINUTES - Regular - 1/12/2012 348 CITY OF SALEM JANUARY 12, 2012 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, January 12, 2012 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on January 5, 2012 at 5:03 P.M. This meeting is being taped and is live on S.A.T.V. All Councillors were present Council President Lovely presided. Councillor O’Keefe moved to dispense with the reading of the record of the previous meeting. It was so voted. President Lovely requested that everyone please rise to recite the Pledge of Allegiance. President Lovely requested a moment of silence for Charles Reardon who passed away. PUBLIC TESTIMONY NONE #7 – CONDUIT LOCATION ON TECHNOLOGY WAY A hearing was held on the Order of National Grid for a conduit on Technology Way. Appearing in favor was Tim Doggin from KAK Realty Thermal Circuits. There was no one opposed. The hearing was closed. Councillor Siegel moved that the permit be granted. It was so voted. #8 – APPOINTMENT OF LORETTA CAROLL TO COUNCIL ON AGING BOARD The Mayor’s appointment of Loretta Carroll to serve as a member of the Council on Aging Board with a term to expire February 1, 2014, was held until the next meeting of January 26, 2012 under the rules. 349 CITY OF SALEM JANUARY 12, 2012 REGULAR MEETING OF THE CITY COUNCIL #9 – APPOINTMENT OF GEORGE McCABE TO THE PLANNING BOARD The Mayor’s appointment of George McCabe to serve as a member of the Planning Board with a term to expire June 1, 2015, was held until the next meeting of January 26, 2012 under the rules. #10 - APPOINTMENT OF CONSTABLES The Mayor’s appointment and reappointment of the following to serve as Constables, was received and placed on file. Richard Hardy, 11 Forest St. #1, Winthrop Term to expire: December 13, 2014 Paul Campagna, 180 North St., Salem Term to expire: December 20, 2013 #11 – APPROPRIATION TO FIRE – EQUIPMENT REPAIR The following Order recommended by the Mayor, was adopted under suspension of the rules. ORDEREDThat the sum of Twenty Thousand Six Hundred and Twenty-Six Dollars ($20,626.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account to the “Fire – Equipment Repair” account in accordance with the recommendation of Her Honor the Mayor. #12 – APPROPRIATION TO INSPECTIONAL SERVICES CLEAN IT/LIEN IT The following Order recommended by the Mayor, was adopted under suspension of the rules. ORDEREDThat the sum of Five Thousand Dollars ($5,000.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account to the “Inspectional Services Clean It/Lien It” account in accordance with the recommendation of Her Honor the Mayor. 350 CITY OF SALEM JANUARY 12, 2012 REGULAR MEETING OF THE CITY COUNCIL #13 – APPROPRIATION FROM CAPITAL OUTLAY – RENOVATION & REPAIR FOR ELECTRICAL REPAIRS TO MUSEUM PLACE PARKING GARAGE The following Order recommended by the Mayor, was adopted under suspension of the rules. ORDEREDThat the sum of Five Thousand Dollars ($5,000.00) is hereby appropriated from the “Capital Outlay – Renovation & Repair” account to be expended for the repair of Museum Place Parking Garage electrical system for the Parking Department in accordance with the recommendation of Her Honor the Mayor. #14 – TRANSFER TO ENGINEERING – SEWER SYSTEM IMPROVEMENT PROGRAM The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance. ORDEREDThat the sum of Two Hundred Thousand Dollars ($200,000.00) is hereby appropriated from the “Retained Earnings – Sewer Fund” account to the “Engineering – Sewer System Improvement Program” account in accordance with the recommendation of Her Honor the Mayor. #15 – DONATION FROM DUNKIN DONUTS FOR POLICE DEPT. DONATION FUND The following Order recommended by the Mayor, was adopted. ORDERED: To accept the donation from Dunkin Donuts (Anthie’s Inc.) 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. #16 – LEASE AGREEMENT WITH THE HOUSE OF SEVEN GABLES SETTLEMENT Received after the deadline of Tuesday noon under suspension of the rules. The following Order recommended by the Mayor, was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole. ORDERED: That the Mayor and Superintended of Schools, on behalf of the Salem PREP Program, are hereby authorized to enter into an agreement with the House of Seven Gables Settlement Association for the lease of classroom space for a term commencing January 2, 2012 351 CITY OF SALEM JANUARY 12, 2012 REGULAR MEETING OF THE CITY COUNCIL and ending December 31, 2014, with an option to renew the lease agreement for two additional years, in one year increments. (Lease agreement on file and can be viewed in the City Clerks Office) #17 – YEAR TO DATE BUDGET REPORT Councillor McCarthy introduced the following Order, which was adopted. ORDERED: That the Year to date budget report dated December 31, 2011, be referred to the Committee on Administration and Finance. (Report is on file and can be viewed in the City Clerks Office) #18 – MONTHLY FINANCIAL REPORT Councillor McCarthy introduced the following Order, which was adopted. ORDERED: That the Monthly Financial Report dated November 30, 2011, be referred to the Committee on Administration and Finance. (Report is on file and can be viewed in the City Clerks Office) #19 – TAG DAY APPLICATION Councillor Sosnowski introduced the following Order, which was adopted. ORDERED: That the Tag Day application from Salem High School Winter Track for January 14 & 29, 2012 be granted. #20 – ORDINANCE TRAFFIC TOW ZONE FEDERAL STREET Councillor Sosnowski introduced the following Ordinance, which was adopted for first passage. In the year two thousand and twelve An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 74 “General Prohibition Towing Zones” 352 CITY OF SALEM JANUARY 12, 2012 REGULAR MEETING OF THE CITY COUNCIL Be it ordained by the City Council of the City of Salem, as follows: Section 1. Federal Street, in front of #56, as marked by signs for a distance of one hundred (100) feet, Marked Police Vehicle Parking Only, Tow Zone, Monday to Friday, 7:00 A.M. to 5:00 P.M. “General Prohibition Tow Zone”. Section 2. This Ordinance shall take effect as provided by City Charter. #21 – ORDINANCE TRAFFIC HANDICAP PARKING FAIRVIEW ROAD Councillor O’Keefe introduced the following Ordinance, which was adopted for first passage. In the year two thousand and twelve An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 50B “Handicap Parking Zones, Limited Time” Be it ordained by the City Council of the City of Salem, as follows: Section 1. Fairview Road, in front of #27, for a distance of twenty (20) feet, “Handicap Parking, Tow Zone”. Section 2. This Ordinance shall take effect as provided by City Charter. #22 – CHANGING JOB TITLE OF HEALTH AGENT Councillor Furey introduced the following Order, which was adopted. ORDERED: That the Committee on Public Health, Safety and Environment meet to discuss changing the job title of the Health Agent to Health Director. Invited Health Agent (Inspector), City Solicitor, Chairperson of the Board of Health, Members of the Board of Health, representative of the Mayor’s office. 353 CITY OF SALEM JANUARY 12, 2012 REGULAR MEETING OF THE CITY COUNCIL #23 – REDUCTION OF MEMBERS OF THE BOARD OF HEALTH Councillor Furey introduced the following Order, which was adopted. ORDERED: That the Committee on Public Health, Safety and Environment meet to discuss the possibility of reduction of members to the Board of Health over a period of time from seven to five members. Invited Health Agent (Inspector), City Solicitor, Members of the Board of Health, representative of the Mayor’s office, past Health Inspectors Joanne Scott and Robert Blenkhorn. #24 – (#678 & #751 -#757 of 2011) GRANTING LICENSES Councillor Sosnowski 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 Gordon Lothrop, 12 Fairfield St., Salem Seth Kanner-Mascolo, 40 English St., Salem Corey Chouinard, 67 Tremont St., Salem Kimberly Bizjak, 190 Bridge St. #5101, Salem Cheryl McDonald, 61 Pierce Ave., Dorchester Julie Arrison, 18 Leavitt St. #3, Salem SEAWORMS Analiano Silva, 25 Driscoll St., Peabody Manuel N. Silva, 80 Northend St., Peabody Manuel P. Silva, 52 Paleologos St., Peabody TAG DAYS S.H.S. Gymnastics, January 12, 2012, Feb. 5, 2012, & Feb. 19, 2012 S.H.S. Drama Club, January 21, 2012 S.H.S. Percussion, February 25, 2012 S.H.S. Field Hockey September 22, 2012 S.H.S. Field Hockey October 6, 2012 354 CITY OF SALEM JANUARY 12, 2012 REGULAR MEETING OF THE CITY COUNCIL #25 – (#534 of 2011) ORDINANCE AMENDING STORMWATER MANAGEMENT Councillor Sosnowski 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 amending an Ordinance relative to Stormwater Management, has considered said matter and would recommend that the amended Ordinance as submitted by the City Solicitor be adopted for first passage. (the ordinance is on file and can be viewed in the City Clerks Office.) #26 – (#622 & #71 of 2011) RULES AND REGULATIONS FOR ROOMING HOUSES Councillor Sosnowski offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole. 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 regarding rules and regulations for rooming houses, has considered said matter and would recommend that the matter remain in Committee and that a subcommittee be formed to review the matter. Appointed to the subcommittee for Rules & Regulations for Boarding, Lodging, Rooming and Sober Houses was Councillor O’Keefe, Siegel and Lovely, Health Agent, Fire Chief and Building Inspector, Solicitor, Police Chief and Licensing Board. #27 – CONDUIT ON FEDERAL STREET A hearing was ordered for January 26, 2012 on the petition of Verizon for a 6 ft. conduit on Federal Street. #28 - CONDUIT ON FEDERAL STREET A hearing was ordered for January 26, 2012 on the petition of Verizon for a 6 ft. conduit on Federal Street. 355 CITY OF SALEM JANUARY 12, 2012 REGULAR MEETING OF THE CITY COUNCIL #29 – POLE LOCATION ON WASHINGTON STREET A hearing was ordered for January 26, 2012 on the petition of Verizon for a 6 ft. conduit on Federal Street. #30 – #41 LICENSE APPLICATIONS The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs. PAWNBROKER Salem Loan & Jewelry, 133 Washington St.. Salem PUBLIC GUIDES Gitta Amsler, 286 Ocean Ave., Marblehead Heide Hasselmann, P.O Box 1142, Duxbury, MA James McAllister, 86 Federal St., Salem William Sano, 35 Daniels St., Salem Allen Winecour, 161 Garland St., Everett, MA SEAWORMS Arthur Barreira, 49 Webster St., Peabody SECOND HAND CLOTHING Witch City Consignment Thrift LLC, 301 Essex St., Salem SECOND HAND Salem Loan & Jewelry, 133 Washington St.. Salem VALUABLE Witch City Consignment Thrift LLC, 301 Essex St., Salem Olde Naumkeag Antiques, 1 Hawthorne Blvd., Salem Forgotten Treasures, 107 Bridge St., Salem TAG DAYS S.H.S. Girls Basketball Boosters, Jan. 28, 2012 & Feb. 11, 2012 S.H.S. Gymnastics, February 4, 2012 S.H.S. Girls Lacrosse Boosters, March 31, 2012 & April 28, 2012 S.H.S. Softball, April 14, 2012 & May 19, 2012 S.H.S. Girls Volleyball, Sept. 8, 2012 S.H.S. Girls Volleyball, Oct. 27, 2012 S.H.S. Boys Basketball, Dec. 8th & 15th, 2012 356 CITY OF SALEM JANUARY 12, 2012 REGULAR MEETING OF THE CITY COUNCIL #42 – LICENSE APPLICATIONS The following license applications were granted. TAXI OPERATORS Steven Talbot, 30 Livingstone Ave., Beverly Jose Lopez, 16 Mason St., Salem William Pasquina, 211 River Rd., W. Newbury Michael Orlando, 11A May St., Salem Michael Kennedy, 42 County St., Peabody Jean Joseph, 117 Lafayette St. #215, Salem John Doyle, 5 Blaine Ave., Beverly Barry Neely, Jr., 15 Lynde St. C-4, Salem Robert Mudri, 2 Lowe St. #2, Peabody Rafael Moya, 5A Ropes St., Salem Brad Dunbar, 75 Central St. #205, Peabody Michael Paciulli, 50 Jenness St., Lynn Donald MacPherson, 13 Bresnahan St., Peabody Howard Bent, 45 Franklin St., Salem Julio Jimenez, 16C Eastman Park, Peabody Richard Lohnes, 153R Washington St. #3, Peabody Kittan Joyce, 14 Foster St., Peabody James Gordon, 13 Conant St., Salem Ramon I. Espinal, 12 Mt. Vernon St., Salem Alan Marchesini, 28 Myrtle St., Lynn Hipolito Ozoria, 33 Park St., Salem Cristhian Tejada Nunez, 10 Wallis St., Peabody Wayne Swiggard, 32 Thornton Ave., Lowell Paul Moore, 14 Foster St., Peabody Daniel Sirios, 15 Becket St., Salem John Kozlowski, 7 Liberty Hill Ave., Salem Louie Anasouli, 215 Rantoul St., Beverly #43 - #44 LICENSE APPLICATIONS DENIED The following license applications were denied. PUBLIC GUIDE Paul Gordon, 56 River St., Beverly TAXI OPERATOR Rafael Lugo Espaillat, 58 Perkins St., Salem 357 CITY OF SALEM JANUARY 12, 2012 REGULAR MEETING OF THE CITY COUNCIL #45 – (#44) HEARING REQUEST The hearing request from Rafael Lugo Espaillat on the denial of his taxi operator license was referred to the Committee on Ordinances, Licenses and Legal Affairs to hold an executive session. #46 – DRAINLAYER / CONTRACT OPERATOR LICENSE APPLICATIONS The following Drainlayer / Contract Operator license applications were granted. Joseph P. Cardillo & Son Inc., 1 Melvin St., Wakefield DiBiasi Corp., 749 Lowell St., Lynnfield Geologic – Earth Exploration Inc., 7 Sherwood Dr., Norfolk K & B Excavating, 105 Mason St., Salem McLaughlin Construction Co. of Peabody Inc., 72R Central St., Peabody Meninno Construction Co., Inc., 76 Oakville St., Lynn Mirra Co. Inc., 6 Norino Way, Georgetown Pumel Enterprises, Inc., P.O. Box 2123, Danvers Raffaele Construction Corp., 21 Elm Pl., Swampscott Roto-Rooter Services, 175 Maple St., Stoughton #47 - #48 CLAIMS The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs. James Nigro, 50 Cavendish Cir., Salem Jeffrey Ruscio, 156 Bridge St., Salem #49 - #52 BONDS The following Bonds referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved. CONSTABLE Richard C. Hardy, 11 Forrest St. #1, Winthrop Paul Campagna, 180 North St., Salem 358 CITY OF SALEM JANUARY 12, 2012 REGULAR MEETING OF THE CITY COUNCIL BONDS CONTINUED DRAINLAYER K & B Excavating, 105 Mason St., Salem Roto-Rooter Services, 175 Maple St., Stoughton On the motion of Councillor Prevey the meeting adjourned at 7:30 P.M. ATTEST: CHERYL A. LAPOINTE CITY CLERK