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MINUTES - Regular - 3/14/2013 70 CITY OF SALEM MARCH 14, 2013 REGULAR MEETING OF THE SALEM CITY COUNCIL “Know Your Rights Under the Open Meeting Law, M.G.L. Chapter 30A ss. 18-25, and City Ordinance Sections 2-2028 through 2-2033.” A Regular Meeting of the City Council held in the Council Chamber on Thursday, March 14, 2013 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on March 7, 2013 at 6:03 P.M. This meeting is being taped and is live on S.A.T.V. All Councillors were present. Council President Ryan presided. Councillor Prevey 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. PUBLIC TESTIMONY 1. David Sweetzer – Manager High Rock Development , 8 Eisenhower Circle, Wesley, MA – Senior Center project 2. Teasie Riley-Goggin – 9 Wisteria St., - Senior Center project 3. Philip Blaskovich – Chemist, 8 Admiral Lane – Senior Center project #165 – APPOINTMENT OF SARAH STANTON AS FINANCE DIRECTOR The Mayor’s appointment of Sarah Stanton as the City of Salem’s Finance Director/City Auditor , was confirmed by roll call vote of 10 yeas, 1 nay, 0 absent. Councillors Turiel, Siegel, Sargent, Prevey, McCarthy, Legault, O’Keefe, Furey, Carr and Ryan were recorded as voting in the affirmative. Councillor Sosnowski was recorded as voting in the negative. 71 CITY OF SALEM MARCH 14, 2013 REGULAR MEETING OF THE SALEM CITY COUNCIL #166 – REAPPOINTMENT OF COLLECTOR, TREASURER, ASST. BUILDING INSPECTOR AND WINTER ISLAND MANAGER The Mayors’s reappointment of the following staff positions with the following terms to expire was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Turiel, Sosnowski, Siegel, Sargent, Prevey, McCarthy, Legault, O’Keefe, Furey, Carr and Ryan were recorded as voting in the affirmative. Bonnie Celi, Collector & Parking Clerk/Hearing Officer Term to Expire: Jan. 31, 2016 Kathleen McMahon, Treasurer Term to Expire: Jan. 31, 2016 Michael Lutrzykowski, Assistant Building Inspector Term to Expire: Jan. 31, 2015 David Gilbert, Winter Island Manager Term to Expire: Jan. 31, 2015 #167 – CONSTABLE The Mayor’s appointment of Scott Kugel to serve as Constable with a term to expire on March 15, 2014, was received and placed on file. #168 - #169 CONSTABLES The Mayor’s re-appointment of the following to serve as Constables with the following terms to expire, were received and placed on file. Frank Salvo, 24 Riverview Ave., Danvers Term to Expire: March 11, 2016 Debra Ruehrwein, 32 Pine St., Wakefield Term to Expire: April 3, 2016 #170 – APPROPRIATION TO INSPECTIONAL SERVICES The following Order recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Six Thousand Two Hundred Dollars ($6,200.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account to the Inspectional Services accounts listed below in accordance with the recommendation of Her Honor the Mayor. Electricity $3,000.00 Telephone 2,000.00 In State Travel 1,200.00 $6,200.00 72 CITY OF SALEM MARCH 14, 2013 REGULAR MEETING OF THE SALEM CITY COUNCIL #171 – APPROPRIATION FOR VACATION/SICK LEAVE BUYBACK FOR LINDA CUNNINGHAM The following Order recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum Four Thousand Two Hundred and Thirty-Six Dollars and Twelve Cents ($4,236.12) is hereby appropriated in the “Retirement Stabilization Fund – Vacation/Sick Leave Buyback” account to be expended for the retirement of Linda Cunningham of the School Department in accordance with the recommendation of Her Honor the Mayor. Councillor O’Keefe assumed the Chair. #172 – RAISE THE IRISH FLAG AT RILEY PLAZA Councillor Ryan introduced the following Order, which was adopted. ORDER: That the Director of Park, Recreation & Community Services raise the Irish Flag at th Riley Plaza on March 15, 16, & 17 in honor of St. Patrick’s Day. #173 – RESOLUTION – TRIBUTE TO MAYOR JEAN A. LEVESQUE Councillor Ryan introduced the following Resolution, which was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Turiel, Sosnowski, Siegel, Sargent, Prevey, McCarthy, Legault, O’Keefe, Furey, Carr and Ryan were recorded as voting in the affirmative. RESOLUTION: WHEREAS: On Sunday, March 24, 2013 we will be paying tribute to the Honorable Jean A. Levesque one of Salem’s sons; and WHEREAS: Jean A. Levesque started his municipal career serving as City Councillor from 1970 through 1973. Then in 1973 he was elected by the City Council to fill the remaining term of Mayor Zoll who had been appointed to a judgeship by the Governor; and WHEREAS: Jean A. Levesque served this City as Mayor being elected by the voters until 1983 and in that time his tenure was marked by generosity and undying devotion to his beloved City of Salem; and WHEREAS: Jean A. Levesque faced many challenges in his career but always met them with dignity and honor. He has touched many lives through the years, so may this resolution be a reminder that we never forget to thank the people who have shaped our lives and our City. 73 CITY OF SALEM MARCH 14, 2013 REGULAR MEETING OF THE SALEM CITY COUNCIL NOW, THEREFORE, BE IT RESOLVED: That the Salem City Council, on behalf of the citizens of Salem extend our sincere appreciation and thanks to Jean A. Levesque. AND BE IT FURTHER RESOLVED: That this resolution be made a matter of record of these proceedings, and that a suitable copy be presented to the Honorable Jean A. Levesque, along with a copy of the City Seal, on behalf of the City Council. Councillor Ryan resumed the Chair. #174 – PEDESTRIAN LIGHTS ON BRIDGE STREET Councillor Sosnowski introduced the following Order, which was adopted. ORDERED: That the Committee on Government Services meet to discuss the installation of pedestrian lights on Bridge Street and that the following be invited: representatives from the Mayor’s office, School Committee, Engineering Department, Electrical Department, the Solicitor and a representative from the overseeing traffic engineering group. #175 – ELECTION ORDER Councillor O’Keefe introduced the following Order, which was adopted. CITY OF SALEM ELECTION ORDER ORDER: In the Name of the Commonwealth, you are hereby required to notify and warn the inhabitants of Salem who are qualified to vote in the Special State Primaries to vote the polling places designated hereinafter on TUESDAY, APRIL 30, 2013 for the purpose of casting their votes in the Special State Primary for the candidates of political parties for the following office of SENATOR IN CONGRESS FOR THE COMMONWEALTH AND BE IT FURTHER ORDERED: That the following places be and hereby are designated as polling places for said meetings: PRECINCT ONE Bentley School, Memorial Drive PRECINCT TWO 74 CITY OF SALEM MARCH 14, 2013 REGULAR MEETING OF THE SALEM CITY COUNCIL 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 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 University Enterprise Center, 121 Loring Avenue PRECINCT TWO AND BE IT FUTHER 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. #176 – FOOTPRING POWER PRESENTATION Councillor Turiel introduced the following Order, which was adopted. ORDERED: That the Committee on Community and Economic Development co-posted with th Committee of the Whole meet on Wednesday, April 10 at 6:30 PM to discuss Footprint Power’s redevelopment of the Salem Harbor Station power plant. Invited: Mayor, representative from the Planning Department and the principals of Footprint Power. #177 – (#155 - #156) 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. 75 CITY OF SALEM MARCH 14, 2013 REGULAR MEETING OF THE SALEM CITY COUNCIL 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 TAG DAYS S.H.S. Boys LaCrosse, 4/7/13 & 4/28/13 S.H.S. Track Team (Boys Spring) 3/30/13, 4/6/13 & 4/14/13 #178 – (#131) APPROPRIATION TO GOLF COURSE – RENOVATION & REPAIR Councillor Prevey 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 $2, 000.00 from “Receipts Reserved – Golf Course” account to “Golf Course – Renovations and Repair” account has considered said matter and would recommend approval. #179 – (#132) REVOLVING ACCOUNT FOR HARBORMASTER Councillor Prevey 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 adopting a revolving account for Harbormaster Boat & Float storage in accordance with M.G.L. Chapter 44, Section 53E1/2 has considered said matter and would recommend adoption. #180 – (#656) RESTORATION OF MCINTIRE ARCH AT SALEM COMMON Councillor Turiel offered the following report for the Committee on Community and Economic Development co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation. the Committee on Community and Economic Development co-posted with the Committee of the Whole to whom was referred the matter of the restoration of the McIntire Arch at the Salem Common has considered said matter and would recommend that a subcommittee be formed to review and research this matter. Councillor O’Keefe assumed the Chair. 76 CITY OF SALEM MARCH 14, 2013 REGULAR MEETING OF THE SALEM CITY COUNCIL #181 - (#82) BOND ORDER FOR THE NEW SENIOR CENTER Councillor Ryan offered the following report for the Committee of the Whole. It was voted to accept the report and adopt the recommendation. Councillor Ryan amended by adding the following language: The Mayor and City Council hereby agree to proceed with the acquisition of a condominium at Boston and Bridge Streets for use as a senior/community life center, as previously reviewed and approved by the City Council on March 17, 2019, pursuant to the following conditions: 1. construction of new building at Boston and Bridge Streets shall commence within twelve months from the date of the final passage and approval of the Mayor of this Order; 2. the City shall hire a full-time Council on Aging Director, under the direction of the Superintendent of Park/Recreation and community Services Director, to coincide with the occupancy of new senior/community life center building; and 3. the Mayor, City Solicitor and City Council president are hereby authorized to meet with the developer to prepare and execute an environmental liability agreement which shall protect the City from risk of loss, financial or otherwise, resulting from any pre-existing site conditions. This agreement shall be negotiated and executed on or before September 1, 2013. Amendment was adopted. The Committee of the Whole to whom was referred the matter of the Bond Order for the new Senior Life Center has considered said matter and would recommend that it be adopted as amended. It was adopted as amended by roll call vote of 10 yeas, 1 nay, 0 absent. Councillors Turiel, Siegel, Sargent, Prevey, McCarthy, Legault, O’Keefe, Furey, Carr and Ryan were recorded as voting in the affirmative. Councillor Sosnowski was recorded as voting in the negative. #182 – CONDUIT ON NORMAN STREET A hearing was ordered for March 28, 2013 on the petition from Comcast to install a conduit on Norman Street. 77 CITY OF SALEM MARCH 14, 2013 REGULAR MEETING OF THE SALEM CITY COUNCIL #183 - #186 LICENSE APPLICATIONS The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs. SEAWORM Tomohiro Shiraishi, 58 Everett St., East Boston SECOND HAND Acquisitons Exchange, 10 Colonial Rd, Salem CLOTHING SECOND HAND Acquisitons Exchange, 10 Colonial Rd, Salem VALUABLE TAG DAYS S.H.S. Boys Tennis, 4/21/13 & 4/27/13 #187 - #189 LICENSE APPLICATIONS The following license applications were granted. PUBLIC GUIDES Arielle Kaplan, 220 Oak St., Manchester, NH Jeffrey Horton, 27 Bar Link Way, Swampscott TAXI CAB LandJet Inc., 27 Congress St., Salem (2) North Shore Taxi Inc., 27 Walnut St., Peabody (10) Americab LP, 10 Jefferson Ave., Salem (10) TAXI OPERATORS Alexis Infante, 10 Shillaber St., Salem Yorki Ducos, 61 Congress St., Salem Dana McPhee, 14 South St., Salem Donovan Carridice, 10 Pleasant St., Lynn William Coffin Sr., 26 Grant St., Beverly Felipe Guzman, 6 Grant St., Beverly Robert Cloutier, 48 Balcomb St., Salem Francisco Bloise, 62 Perkins St., Salem Clifford Gately, 102 Orchard St., Lynn 78 CITY OF SALEM MARCH 14, 2013 REGULAR MEETING OF THE SALEM CITY COUNCIL #190 - #194 CLAIMS The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs Fatina Abonmal, 14 Hazel St., Salem Verizon, CMR Claims Dept., PO Box 60770, Oklahoma City, OK Malynda Sykes, 182 Lafayette St., Salem Madison Fuher, 18 Leach St., Salem Misty Morin, 18 Leach St., Salem #195 - #196 BONDS The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved. CONSTABLES: Scott Kugel, 77 Barstow St., Salem Debra Ruehwein, 32 Pine St., Wakefield (#693) – SECOND PASSAGE TRAFFIC HANDICAP PARKING REPEAL READ STREET The matter of Second and Final Passage of an ordinance relative to Traffic, Chapter 42, Section 50B Handicapped Parking Repeal, Read Street was then taken up. The Ordinance was adopted for second and final passage. (#142) – SECOND PASSAGE TRAFFIC HANDICAP BUS PARKING, WASHINGTON SQUARE NORTH The matter of second and final passage of an ordinance relative to Traffic, Chapter 42, Section 50C Handicapped Bus Parking, Washington Square North was then taken up. The Ordinance was adopted for second and final passage. On the motion of Councillor Ryan the meeting adjourned at 9:10 P.M. ATTEST: CHERYL A. LAPOINTE CITY CLERK