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MINUTES - Regular - 10/25/2012 581 CITY OF SALEM OCTOBER 25, 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, October 25, 2012 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on October 18, 2012 at 5:29 P.M. This meeting is being taped and is live on S.A.T.V. Councillor Siegel was recorded as absent. 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. PUBLIC TESTIMONY There was no public testimony. (#600) – APPOINTEMENT OF SUMNER JONES TO THE BOARD OF TRUST FUND COMMISSIONERS Held from last meeting Mayor’s appointment of Sumner Jones to serve on the Board of Trust Fund Commissioners with a term to expire on April 1, 2020, was confirmed by roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Carr, Furey, O’Keefe, McCarthy, Prevey, Ryan, Sargent, Sosnowski, Turiel and Lovely were recorded as voting in the affirmative. Councillor Siegel was recorded as absent. Councillor Ryan requested and received unanimous consent for suspension of the rules to allow Mr. Jones to speak. 582 CITY OF SALEM OCTOBER 25, 2012 REGULAR MEETING OF THE CITY COUNCIL (#201) – APPOINTMENT OF DAVID BOWIE TO THE BIKE PATH COMMITTEE Held from previous meetings the Mayor’s appointment of David Bowie to serve on the Bike Path Committee with a term to expire on April 1, 21015, was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Carr, Furey, O’Keefe, McCarthy, Prevey, Ryan, Sargent, Sosnowski, Turiel and Lovely were recorded as voting in the affirmative. Councillor Siegel was recorded as absent. Councillor McCarthy requested and received unanimous consent for suspension of the rules to allow Mr. Bowie to speak. #617 – REAPPOINTMENTS TO THE COMMISSION ON DISABILITIES The Mayor’s reappointment of the following to serve on the Commission on Disabilities with the following term to expire, were confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Carr, Furey, O’Keefe, McCarthy, Prevey, Ryan, Sargent, Sosnowski, Turiel and Lovely were recorded as voting in the affirmative. Councillor Siegel was recorded as absent. Jean Harrison, 1 Orne Sq., Salem Term to Expire: June 1, 2014 Debra Lobsitz, 11 Forest Ave., Salem Term to Expire: July 1, 2014 #618 - CONSTABLE The Mayor’s appointment of Manuel F. Rabbitt to serve as a Constable with a term to expire on September 13, 2013, was received and placed on file. #619 - #620 CONSTABLE The Mayor’s reappointment of the following to serve as a Constable with the following terms, were received and placed on file. Christopher Chigas, 80 Foster St., Peabody Term to Expire: October 3, 2015 Donald Hurwitz, 5 Marion Rd. Marblehead Term to Expire: October 15, 2015 583 CITY OF SALEM OCTOBER 25, 2012 REGULAR MEETING OF THE CITY COUNCIL #621 – APPROPRIATION TO SPECIAL REVENUE ACCOUNTS The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules. ORDERED: That the sum of One Million, Two Hundred and Sixty-Two Thousand, Nine Hundred and Twelve Dollars ($1,262,912.00) is hereby appropriated from General Fund Balance Reserved for Free Cash” to the following Special Revenue funds. The amount of free cash to be transferred is per the City’s Financial Policies and in accordance with the recommendation of Her Honor the Mayor. Stabilization Fund – 20% $505,165 Capital Improvement Fund – 20% $505,165 OPEB Trust Fund – 10% $252,582 $1,262,912 #622 – APPROPRIATION TO RETIREMENT STABILIZATION FUND – VACATION SICK LEAVE BUYBACK FOR SCHOOL DEPT. EMPLOYEES The following Order recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Twenty Thousand, Twenty-Seven Dollars and Sixty-Seven Cents ($20,027.67) is hereby appropriated in the “Retirement Stabilization Fund – Vacation/Sick Leave Buyback” to be expended for the retirement buyback as listed below in accordance with the recommendation of Her Honor the Mayor. Kenneth Wilson $3,786.94 John Ciampa $16,240.73 $20,027.67 #623 – TRANSFER TO ELECTIONS – OVERTIME ACCOUNT The following Order recommended by the Mayor, was adopted. ORDERED: That the sum of Five Thousand Dollars ($5,000.00) is hereby transferred from the “City Clerk – Full Time Salaries” account to the “Elections – Overtime” account in accordance with the recommendation of Her Honor the Mayor. 584 CITY OF SALEM OCTOBER 25, 2012 REGULAR MEETING OF THE CITY COUNCIL #624 – AGREEMENT WITH OTHER COMMUNITIES TO JOINTLY PROVIDE PUBLIC HEALTH SERVICES The following Order recommended by the Mayor, was referred to the Committee on Public Health, Safety and Environment co-posted with the Committee of the Whole. ORDERED: The Mayor is hereby authorized to enter into an agreement with Beverly, Danvers, Lynn, Marblehead, Nahant, Peabody and Swampscott to jointly provide public health services pursuant to an agreement between the municipalities which is attached hereto. This inter-municipal agreement shall be executed for the purpose of jointly providing local public health services and a regional initiative addressing indoor air quality issues through smoke- free housing campaigns and awareness programs for asthma triggers, as well as sharing in the cost of providing such services, as supported by a multi-year Massachusetts Department of Public Health District Incentive Grant Implementation Funds Award. #625 – MONTHLY FINANCIAL REPORT Councillor McCarthy introduced the following Order, which was adopted. ORDERED: That the Monthly Financial Report dated September 30, 2012 be referred to the Committee on Administration and Finance. #626 – YEAR TO DATE BUDGET REPORT Councillor McCarthy introduced the following Order, which was adopted. ORDERED: That the Year to Date Budget Report for July, August and September 2012 be referred to the Committee on Administration and Finance. 585 CITY OF SALEM OCTOBER 25, 2012 REGULAR MEETING OF THE CITY COUNCIL #627 – COUNCIL MEETINGS FOR NOVEMBER AND DECEMBER Councillor Lovely introduced the following Order, which was adopted. ORDERED: That the regular meetings of the City Council for the months of November and th December be held on Thursday, November 15 and Thursday, December 13, 2012. #628 – TAG DAY APPLICATION Councillor Sosnowski introduced the following Order, which was adopted. ORDERED: That the Tag Day application for Salem Academy Charter School for October 26, 2012 be granted. #629 – GRANICUS PROPOSAL Councillor Turiel introduced the following Order, which was adopted. ORDERED: That the enclosed proposal be referred to Committee on Administration and Finance co-posted with Committee of the Whole. #630 – NAMING A VETERAN’S SQUARE AFTER PVT. ADRIAN J. PELLETIER Councillor Sosnowski introduced the following Order, which was referred to the Committee on Government Services co-posted with Committee of the Whole. ORDERED: That a Veteran’s Square be named after U.S. Army Paratrooper Private Adrian Joseph Pelletier who was killed in action in France on June 8, 1944. And that Pelletier Square be located at the corner of Charter Street and Hawthorne Boulevard. #631 – PILOT AND SILOT PROGRAMS Councillor Prevey introduced the following Order, which was adopted. ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole meet with the Finance Director and City Solicitor to discuss the current status of the City’s PILOT and SILOT program. 586 CITY OF SALEM OCTOBER 25, 2012 REGULAR MEETING OF THE CITY COUNCIL #632 – CONDUIT LOCATION ON EAST INDIA SQUARE A hearing was ordered for November 15, 2012 on the petition from Comcast to install a conduit on East India Square. #633 – INVITATION REGARDING VETERAN’S DAY CEREMONY An invitation from Salem Veterans Council to the Veterans Day Ceremony to be held at Salem High School on November 11, 2012 starting at 11:00 A,M., was received and placed on file. #634 – CANCER RUN / WALK The request from North Shore Medical Center to change date of Cancer Run from June 23, 2013 to November 10, 2013 (Cancer Walk will still take place on June 23, 2013), was granted. #635 - #637 LICENSE APPLICATIONS The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs. TAG DAYS S.H.S. Swim Team, November 23, 2012 S.H.S. Basketball Cheering, Nov. 24, 2012 & Dec. 22, 2012 S.H.S. Class of 2012, December 2, 2012 #638 - #639 – LICENSE APPLICATIONS The following license applications were granted. TAXI OPERATORS Gustavo Rodriguez, 108 Lafayette St., Salem Domingo Piccirillo, 12 Pope St., Salem Nolberto Pacheco, 37 Ward St., Salem Belkis Guerrero, 1000 Loring Ave, Salem Wilfredo Badillo, 107 Bridge St., Salem John Calley, 618 Essex Ave., Gloucester VEHICLE FOR HIRE OPERATOR ONLY Alex Grove, 13 Emerson St., Newton 587 CITY OF SALEM OCTOBER 25, 2012 REGULAR MEETING OF THE CITY COUNCIL #640 - #643 CLAIMS The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs. Janet Mahar, 54 Pickwick Rd., Marblehead Gayle Discoe, 1045 S. Elmira St., Denver, CO Jennifer Reardon, 35 Chestnut St., Salem Richard Wise, 51 Washington Sq. N., Salem #644 - #645 BONDS The following Bonds were Referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved. CONSTABLE Manual F. Rabbitt, 3 Red Jacket Lane, Salem SIGN Laura Lanes Skin Care, 242 Essex St., Salem #646 – REAPPOINTMENT OF CHERYL A. LAPOINTE AS CITY CLERK The reappointment of Cheryl A. LaPointe as City Clerk with a term to expire November 9, 2015 was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Carr, Furey, O’Keefe, McCarthy, Prevey, Ryan, Sargent, Sosnowski, Turiel and Lovely were recorded as voting in the affirmative. Councillor Siegel was recorded as absent. Councillor Sosnowski moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. (#605) – SECOND PASSAGE ORDINANCE TRAFFIC, PARKING PROHIBITED, LYNCH STREET The matter of second and final passage of an Ordinance amending Traffic, Parking Prohibited Certain Streets Lynch Street was then taken up. The Ordinance was adopted for second and final passage. 588 CITY OF SALEM OCTOBER 25, 2012 REGULAR MEETING OF THE CITY COUNCIL (#606) – SECOND PASSAGE ORDINANCE TRAFFIC, HANDICAP PARKING, LINCOLN ROAD The matter of second and final passage of an Ordinance amending Traffic, Handicap Parking Limited Time Lincoln Road was then taken up. The Ordinance was adopted for second and final passage. (#608) – SECOND PASSAGE ORDINANCE TRAFFIC HANDICAP PARKING, SHORE AVENUE The matter of second and final passage of an Ordinance amending Traffic, Handicap Parking Limited Time Shore Avenue was then taken up. The Ordinance was adopted for second and final passage. On the motion of Councillor O’Keefe the meeting adjourned at 7:50 P.M. ATTEST: CHERYL A. LAPOINTE CITY CLERK