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MINUTES - Regular - 11/14/2013 268 CITY OF SALEM NOVEMBER 14, 2013 REGULAR MEETING OF THE 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.” Assistive Listening System Now Available for City Council Meetings. Those interested in utilizing these devices for meetings at 93 Washington Street may contact the City Clerk Cheryl LaPointe at 978-619-5610 or clapointe@salem.com. A Regular Meeting of the City Council held in the Council Chamber on Thursday, November 14, 2013 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on November 7, 2013 at 5:51 P.M. This meeting is being taped and is live on S.A.T.V. All Councillors were recorded as 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 There was no public testimony #680 – APPROPRIATION TO SPECIAL REVENUE ACCOUNTS The following Order recommended by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of Three Million, Two Hundred and Seventy-One Thousand, Seven Hundred and Ninety-Dollars ($3,271,793.00) is hereby appropriated from “General Fund Balance Reserved for Free Cash” account 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% $1,099,742.00 Capital Improvement Fund – 20% $1,099,742.00 OPEB Trust Fund – 10% $549,871.00 Stabilization Fund – Replenish FY13 Transfers $522,438.00 $3,271,793.00 269 CITY OF SALEM NOVEMBER 14, 2013 REGULAR MEETING OF THE CITY COUNCIL #681 – APPROPRIATION TO POLICE MEDICAL ACCOUNT The following Order recommended by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of Seventy Thousand Dollars ($70,000.00) is hereby appropriated from the “Fund Balance - Free Cash” account to “Police – Medical” account in accordance with the recommendation of Her Honor the Mayor. #682 – APPROPRIATION TO MAYOR – CONSULT/CONTRACTED SERVICES The following Order recommended by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of Sixty-Thousand Dollars ($60,000.00) is hereby appropriated from the “Fund Balance - Free Cash” account to “Mayor – Consult/Contracted Services” account in accordance with the recommendation of Her Honor the Mayor. #683 – APPROPRIATION TO PUBLIC SERVICES - EQUIPMENT The following Order recommended by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of Thirty-One Thousand Seven Hundred and Twenty-Five Dollars ($31,725.00) is hereby appropriated from the“Receipts Reserved – Sale of Lots” account to “Public Services Equipment” account in accordance with the recommendation of Her Honor the Mayor. #684 – APPROPRIATION TO FURLONG PARK GRANT ACCOUNT The following Order recommended by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of Thirty-Two Thousand Nine Hundred and Forty Dollars and Sixty-Seven Cents ($32,940.67) is hereby appropriated from the “Fund Balance – Free Cash” account to the fund listed below to cover prior fiscal year deficit in accordance with the recommendation of Her Honor the Mayor.. 270 CITY OF SALEM NOVEMBER 14, 2013 REGULAR MEETING OF THE CITY COUNCIL #685 – APPROPRIATION TO PLANNING – CONTRACTED SERVICES The following Order recommended by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of Fifteen Thousand Nine Hundred Dollars ($15,900.00) is hereby appropriated from “Fund Balance – Free Cash” account to the “Planning – Contracted Services” account in accordance with the recommendation of Her Honor the Mayor. #686 – APPROPRIATION TO COVER FISCAL YEAR COSTS The following Order recommended by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of Ten Thousand Six Hundred and Fifty-One Dollars and Thirty- Six Cents ($10,651.36) is hereby appropriated from the “Fund Balance – Free Cash” account to “Inspectional Services – Electricity” and “Inspectional Services – Oil Heat” accounts in accordance with the recommendation of Her Honor the Mayor. #687 – APPROPRIATION TO PUBLIC SERVICES – EQUIPMENT The following Order recommended by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of Nine Thousand and Sixty Dollars and Seven Cents ($9,060.07) is hereby appropriated from the “Receipts Reserved – Sale of Vaults” account to the “Public Services - Equipment” account in accordance with the recommendation of Her Honor the Mayor. #688 – APPROPRIATION TO CEMETERY - BURIAL The following Order recommended by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of Six Thousand Six Hundred and Sixty Dollars ($6,660.00) is hereby appropriated from the “Receipts Reserved – Sale of Vaults” account to the “Cemetery - Burial” account in accordance with the recommendation of Her Honor the Mayor. 271 CITY OF SALEM NOVEMBER 14, 2013 REGULAR MEETING OF THE CITY COUNCIL #689 – APPROPRIATION TO HEALTH DEPARTMENT – RODENT CONTROL The following Order recommended by the Mayor was adopted under suspension of the rules. ORDERED: That the sum One Thousand Five Hundred Dollars ($1,500.00) is hereby appropriated from the “Fund Balance – Free Cash” account to the “Health Dept. – Rodent Control” account in accordance with the recommendation of Her Honor the Mayor. #690 – ACCEPT DONATION TO NORTH SHORE WORKFORCE INVESTMENT BOARD The following Order recommended by the Mayor was adopted. ORDERED: to accept donation from Eastern Bank Charitable Foundation in the amount of Five Thousand Dollars ($5,000.00). These funds will be deposited into the North Shore Workforce Investment Board Donation Fund in accordance with the recommendation of Her Honor the Mayor. #691 – ACCEPT DONATION FOR SALEM COMMON BENCH The following Order recommended by the Mayor was adopted. ORDERED: to accept the donation from Anthe Fillos in the amount of One Thousand Eight Hundred Dollars ($1,800.00) to fund a bench at the Salem Common. These funds will be deposited in the Recreation Department Donation Fund in accordance with the recommendation of Her Honor the Mayor. #692 – ORDINANCE TRAFFIC, HANDICAPPED PARKING, LARCHMONT ROAD Councillor Prevey introduced the following Ordinance which was adopted. In the year two thousand and thirteen An Ordinance to amend an Ordinance relative to Traffic Be it ordained by the City Council of the City of Salem as follows: Section 1. Chapter 42, Section 50B, “Handicapped Parking, Tow Zone” is herby amended by adding the following: Larchmont Road, in front of #6 starting at a point at the property line between numbers 6 and 4 and extending twenty (20) feet in a northerly direction, “Handicap Parking Tow Zone” Section 2. This Ordinance shall take effect as provided by City Charter. 272 CITY OF SALEM NOVEMBER 14, 2013 REGULAR MEETING OF THE CITY COUNCIL #693 – (#668) RESERVE 10% OF CPA REVENUE INTO OPEN SPACE, HISTORIC PRESERVATION & HOUSING Councillor Prevey offered the following report for the Committee on Administration and Finance co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation. The Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of approving the recommendation of the Community Preservation Committee to reserve 10% of the estimated $400,000.00 in surcharge revenues to each of the CPA Reserve Funds as follows: CPA Open Space $40,000.00; CPA Historic Preservation $40,000.00; and CPA Community Housing $40,000.00, has considered said matter and would recommend approval. #694 – (#669) APPROPRIATION FROM CPA FOR ADMINISTRATION COSTS & STIPENDS Councillor Prevey offered the following report for the Committee on Administration and Finance co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation. The Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of a $20,000.00 appropriation within the CPA General Unreserved Fund to the following accounts to be expended for general administrative costs by the Community Preservation Committee as follows: CPA General Administration Expenses $16,500.00 and CPA General Administration Stipends $3,500.00, has considered said matter and would recommend approval. #695 – (#678) 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 license be granted TAG Day Salem Academy Charter School, 1/17/14, 2/7/14 & 3/7/14 273 CITY OF SALEM NOVEMBER 14, 2013 REGULAR MEETING OF THE CITY COUNCIL #696 – (#101A) SHOPPING CART ORDINANCE Councillor Sosnowski offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation. The Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to whom was referred the matter of an ordinance relative to shopping carts, has considered said matter and would recommend the matter remain in Committee. #697 – (#420) ORDINANCE RELATIVE TO MAINTENANCE OF STRUCTURES AND VACANT FORCLOSED RESIDENTIAL PROPERTIES Councillor Sosnowski offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation. The Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to whom was referred the matter of an ordinance amending an ordinance relative to Chapter 12 Article II, Maintenance of structures and property of vacant residential properties in foreclosure, has considered said matter and would recommend adoption for first passage as amended. #698 – PETITION FROM VERIZON FOR A CONDUIT ON HIGHLAND AVENUE A hearing was ordered for December 5, 2013 on the petition from Verizon to install a conduit on Highland Avenue. #699 - #700 LICENSE APPLICATIONS The following license applications were granted. PUBLIC GUIDES Patrick J. Curran, 0 Rockland Rd., Danvers Christine Gandolfi-Piper, 40 Aborn St., Peabody Jonnet Holladay, 4 Longfellow Pl., Boston Susan P. Metzger, 25 Shephard St., Marblehead Abigail M. Russell, 37 Forest St., Wakefield William C. Sano, 35 Daniels St., Salem Carol Weitzman, 76 Birch St., Peabody Ronald Olson, 154 Lafayette St., Marblehead Stephen Busby, 9 Hillside Ave., Marblehead 274 CITY OF SALEM NOVEMBER 14, 2013 REGULAR MEETING OF THE CITY COUNCIL TAXI OPERATORS Lasana Kaba, 1 Ropes St., Salem #701 - #703 LICENSE APPLICATIONS The following license application were referred to the Committee on Ordinances, Licenses and Legal Affairs. SEAWORMS Paul Lynch, 28 Anawan Ave., Saugus Timothy Lynch, 28 Anawan Ave., Saugus Jose N. Bettencourt, 54 Fulton St., Peabody Tomo Shiraishi, 58 Everett St., East Boston SECOND HAND Tobie’s Jewelry, 142 Washington St., Salem VALUABLE Game Zone, 270 Essex St., Salem AAA Olde Naumkeag Antiques, 1 Hawthorne Blvd., Salem Marine Arts Galleries, Inc., 135 Essex St., Salem Glass and Etc., Museum Place Mall, Salem Once & Again, 45 Bridge St., Salem Pickering Wharf Antiques Gallery, 69 Wharf St., Salem SECOND HAND Re-Find LLC., 72 Washington St., Salem CLOTHING Re-Find LLC, 244 Essex St., Salem Boston St. Resale, 134 ½ Boston St., Salem #704 – DRAINLAYER / CONTRACT OPERATOR The following Drainlayer/Contract Operator license application was granted. Cahill Development, 9 Shortell Ave., Beverly 275 CITY OF SALEM NOVEMBER 14, 2013 REGULAR MEETING OF THE CITY COUNCIL #7015 - #708 CLAIMS The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs. Jessica Cabral, 5 Carna Rd., Marblehead Christopher Ernest Corricelli, 21 Dean St., Stoneham Janine Wuscheke, 2A Hazel St., Salem SUBROGATED The Hanover Insurance Group (for Lenore Taylor), PO Box 15147, Worcester, MA 01615 #709 – BOND The following Bond was referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved. DRAINLAYER: Cahill Development, 9 Shortell Ave., Beverly (#672) – SECOND PASSAGE ORDINANCE TRAFFIC, PARKING PROHIBITED LYNN STREET The matter of second and final passage of an Ordinance amending Traffic Ch. 42, Sec. 75, “Parking Prohibited Towing Zone (Resident Sticker Parking)” Lynn Street was then taken up. The ordinance was adopted for second and final passage. On the motion of Councillor O’Keefe the meeting adjourned at 7:30 P.M. ATTEST: CHERYL A. LAPOINTE CITY CLERK